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Aereo Post-Mortem: Was It Ever Really About the Cloud?

Craig B. Whitney

©2015. Published in Landslide, Vol. 7, No. 5, May/June 2015, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

In early 2014, the technology industry and copyright community waited with great anticipation for the U.S. Supreme Court’s copyright infringement decision in American Broadcasting Cos. v. Aereo, Inc.1 Looming over the outcome was the question of whether a decision against Aereo’s cloud-based broadcast television streaming service would signal, at a minimum, a landscape change for cloud-based technology. Or if a ruling that Aereo’s service did not infringe would open the floodgates for others to make copyrighted content publicly available over the cloud without recourse to the copyright owner.

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