From CS378H Public Policy and the Digitally Native Technologist
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Aereo antenna design.jpg

Seed Documents

ScotusBlog's tracking web page for this case (links to documents)

Dish's Amicus Brief in Support of Aereo

Supreme Court Review's case tracker (Note that this PDF has live links through to other documents.)

Trial Judge (Judge Nathan) Decision (July 11, 2011)

Aereo's Appeal Brief to the Second Circuit

Second Circuit Decision (April 11, 2013)

Aereo's Brief to the Supreme Court

ABC et al.'s Brief to the Supreme Court

Aereo's Response Brief

Supreme Court Majority Decision and Dissent (June 25, 2014)

Bill's slides as shown in class

DISH's amicus brief

Our Hypothetical Case:

Bill's new startup:

The teams:

  • IAmEntitled Technology team: How does IAmEntitled actually get the bits? How do they flow and/or where does it keep them? And, how would you design it to be most lawsuit-proof?
  • IAmEntitled DISH Satellite TV team: You are filing an amicus brief. Before you decide that this one is obvious, you should think about the DISH's amicus in the Aereo case. What was going on there?!

All teams: What are the interests of whom you represent? How do they want the case to come out? You can't just tell the court the answer you want, you need to suggest to them a path towards finding that answer (in law and previous cases). As appropriate, be sure that you address in one way or another things like "reproduction right", "performance right", "public", "private", "transmit clause", "fair use", etc. Because brags about its facilities in the ten worst IP-protecting countries in the world, you might need to think about (or research) jurisdictional and international issues.

In addition to the Aereo documents, you might want to read up on these cases (links to Wikipedia):

UMG Recordings, Inc. v., Inc.

IO Group, Inc. v. Veoh Networks, Inc.

Viacom International Inc. v. YouTube, Inc.