Neither Congress nor judges are likely to “save” Aereo

[Commentary] After its widely expected loss in the US Supreme Court, Aereo announced that it would keep trying to avoid paying market prices for content under a new “Plan B.”

After years of arguing that its inefficient system for retransmitting broadcast TV content over the Internet could not be a “cable system” under § 111, Aereo now argues that it can -- because the Supreme Court said so.

Aereo’s “Plan B” argument is far more suspect than a scan of § 111 might suggest.

For several reasons, no bill reauthorizing the direct-broadcast-satellite (DBS) systems compulsory licenses is likely to “save” Aereo, nor is any federal judge who is bound by the Second Circuit’s WPIX v. ivi decision, in which the Second Circuit held that Internet retransmission of broadcast TV could not qualify for the cable-compulsory license.