SCOTUS to decide future of TV

Luddly Neddite

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Sep 14, 2011
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The Future Of How We Watch Television Is In The Hands Of The Supreme Court | ThinkProgress

Television — or, at least, the experience of watching broadcast shows on a television — is not the wave of the future. The television ratings company Nielsen classifies nearly 5 million households as “Zero-TV,” meaning that they either have no television or that they use it only for DVDs, games and other activities unlike traditional TV watching — and this is a 150 percent increase in the number of Zero-TV households since 2007. TV ownership is steadily declining, while more and more Americans are seeking entertainment on the Internet.

Yet, because of a loophole in federal law, television programs broadcast over the Internet can be treated very differently than programs broadcast via cable or satellite. While cable and satellite companies must pay a fee to broadcast copyrighted material that they ultimately transfer to consumers, a company known as Aereo has found a workaround to this fee. Under federal law, broadcast programs are free as long as the consumer owns and controls the antenna used to catch the broadcast signals. As Aereo CEO Chet Kanojia tells ThinkProgress, his company uses an antenna array that it uses tap into the “over-the-air” signals. Customers pay $8 a month to “rent” their own mini antenna that works like the rabbit-ear antenna you plop on top of your TV. Customers also get their own DVR cloud space to save shows as part of their rental package.

On Tuesday, however the Supreme Court will hear oral arguments in American Broadcasting Companies, Inc. v. Aereo, Inc., a case that could potentially shut down Aereo’s ability to take advantage of this loophole. The case pits Aereo against major broadcast companies such as ABC, CBS, NBC and Telemundo. If Aereo wins, it could expand TV on the internet, opening up the market for online-only cable and satellite TV alternatives. But if the broadcasters win — and even if they don’t — consumers may have to pay for content that was once free, regardless of whether they actually watch it on TV or online.

“Ultimately, this is a fight about how do we stop getting programming delivered to us via [traditional] broadcast and move it onto the Internet. This is the beginning of the initiation of how and when that’s going to happen,” Michael Carroll, a law professor at American University in Washington, D.C., tells ThinkProgress.

Anybody wanna guess how they'll rule?

Hint: it won't be in favor of the little guy.
 

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