Aereo’s Dead, But the Cloud Lives on

June 25, 2014 – In The News

Alan R. Friedman was mentioned in the article "Aereo's Dead, But the Cloud Lives on." The full article is available in the June 25, 2014 issue of Law360, but a synopsis is provided below.

Although the U.S. Supreme Court's decision issued on June 25, 2014 against Aereo Inc. likely spells the end for the streaming service, the Court was careful to restrict the scope of its Opinion in order to limit its impact on new technologies not at issue in the lawsuit.

All told, the opinion handed down Wednesday included 'no fewer than five ways' in which it could be distinguished if future litigants try to use it to argue that cloud technologies infringe copyright, said Alan R. Friedman.

He continues on to comment that "the court was explicit in limiting the scope of its decision to avoid interfering with the application of the Copyright Act to new technologies not before the court.”

“At the end of the day, the Supreme Court left the landscape open for future evaluation as to how the Copyright Act should be applied to new technologies that permit use of copyrighted works in ways that were not before the court," Friedman concludes.