Impact of the Aereo Supreme Court Decision on Broadcasters, Cloud Content Storage

[Commentary] The Aereo decision also suggests that one cannot underestimate the power of broadcasters to establish themselves, even now, as benefactors of the public interest, localism, “free” content and candidates for elective office.

In short order (at least for Congress) local broadcasters got relief, including the right to force cable operators to block channels containing duplicative networks and syndicated content, such as Jeopardy and Wheel of Fortune.

Perhaps amending the Copyright Act was the most expedient legislative option to devise a mechanism whereby broadcasters received compensation and consumers, including first time, rural residents, continued to have the opportunity to view content.

Reliance on 1976 Copyright Act amendments may have an adverse impact on new technologies and entrepreneurial business plans. Any venture offering cloud-based storage of content now has to consider whether it may incur secondary liability for the direct infringement of their customers.