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Aereo was a technology company based in
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
that allowed subscribers to view live and time-shifted
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of
over-the-air television Terrestrial television or over-the-air television (OTA) is a type of television broadcasting in which the signal transmission occurs via radio waves from the terrestrial (Earth-based) transmitter of a TV station to a TV receiver having an anten ...
on
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-connected devices. The service opened to customers in March 2012, and was backed by Barry Diller's IAC. On June 25, 2014, the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
ruled against Aereo in a case brought by several broadcast networks. The Court found that Aereo infringed upon the rights of copyright holders. The point of contention was whether Aereo's business model constituted a "public performance", which would legally require it to obtain permission from the copyright owners of any programs it transmits. The court ruled in a 6–3 decision that Aereo's business model was no different from that of a cable television provider, despite the differences in technology. As a result of that decision, their case was returned to the lower court, and the company announced on June 28, 2014 that it would immediately suspend its services while consulting with the court on how to proceed. Aereo's services were suspended on June 28, 2014 at 11:30 a.m. EDT and the company filed for
Chapter 11 bankruptcy Chapter 11 of the United States Bankruptcy Code (Title 11 of the United States Code) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy, is available to every business, whe ...
on November 21, 2014 in the
United States Bankruptcy Court for the Southern District of New York The United States Bankruptcy Court for the Southern District of New York is the United States bankruptcy court within the United States District Court for the Southern District of New York. The Southern District of New York is a major venue for ba ...
. It was later purchased by DVR company TiVo for $1 million in March 2015.


Service

Aereo leased each user an individual antenna and DVR situated in a remote warehouse that they could access over the Internet, allowing subscribers to view live
broadcast television Broadcast television systems (or terrestrial television systems outside the US and Canada) are the encoding or formatting systems for the transmission and reception of terrestrial television signals. Analog television systems were standardized b ...
and to record the broadcasts for later viewing. The existence of an individual antenna for every user distinguished Aereo from purely internet-based streaming services. As of October 2012, Aereo could be used on
Windows Windows is a group of several proprietary graphical operating system families developed and marketed by Microsoft. Each family caters to a certain sector of the computing industry. For example, Windows NT for consumers, Windows Server for serv ...
, Mac and
Linux Linux ( or ) is a family of open-source Unix-like operating systems based on the Linux kernel, an operating system kernel first released on September 17, 1991, by Linus Torvalds. Linux is typically packaged as a Linux distribution, which ...
PCsAereo Browser Viewing
with a compatible browser, or
iOS iOS (formerly iPhone OS) is a mobile operating system created and developed by Apple Inc. exclusively for its hardware. It is the operating system that powers many of the company's mobile devices, including the iPhone; the term also includes ...
devices including the
iPad The iPad is a brand of iOS and iPadOS-based tablet computers that are developed by Apple Inc. The iPad was conceived before the related iPhone but the iPhone was developed and released first. Speculation about the development, operating s ...
, iPhone,
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, or
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(2nd and 3rd Generation) via AirPlay. Aereo could also be watched using a Roku box via a stand-alone app and, as of January 21, 2013, the updated app allowed onscreen navigation with the standard Roku remote control instead of using an iOS device as a remote. As of June 2012, the service offered 28 channels, including all major broadcast channels. In August 2012, the company announced new monthly and yearly pricing options, $1 a day, and "Aereo Try for Free". Monthly plans started at $8 for 20 hours of DVR storage; there were also yearly subscriptions.


Availability

The service was originally available to customers in the
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
area, followed by the
Boston Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...
area. The service was unavailable when customers ventured out of the normal broadcasting range for network television. Aereo had planned to launch in
Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...
on September 13, 2013, but as of February 28, 2014, Aereo was still telling potential Chicago users the service was in
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with no definite date of launch. At the end of 2013, six months before the service shut down, Aereo had about 80,000 subscribers including 27,000 located in the New York City area, 12,000 in the Boston area, and 10,000 in the
Atlanta Atlanta ( ) is the capital and most populous city of the U.S. state of Georgia. It is the seat of Fulton County, the most populous county in Georgia, but its territory falls in both Fulton and DeKalb counties. With a population of 498,715 ...
area.


Reception

Reviews of Aereo were positive, including one by ''
The Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
''’s Katherine Boehret, who commented on Aereo’s “clean user interface that works well on iPad...and its video quality is startlingly good,” ''
PC Magazine ''PC Magazine'' (shortened as ''PCMag'') is an American computer magazine published by Ziff Davis. A print edition was published from 1982 to January 2009. Publication of online editions started in late 1994 and have continued to the present d ...
'' complained of the limited channel options and limited availability, but praised the interoperability of the service offered.


Legal challenges

Cable companies are required by the 1992 Cable Television Consumer Protection and Competition Act to negotiate for retransmission consent, usually paying broadcasters for the right to carry their signals. Broadcasters argued that Aereo was a threat both to their business model, by undermining the cable retransmission fees, and the size of their audience. Because the fees cable companies pay for broadcast content can comprise up to 10% of a broadcaster's revenue, broadcasters objected to Aereo's re-distribution of this content without paying any fees. Broadcasters have also identified Aereo as part of the cord-cutting trend among television audiences that poses a threat to broadcasters' advertising revenue. In somewhat similar cases, the U.S. District Court for the Central District of California granted an injunction against Aereo's rival FilmOn, a similar service. However, the district court's injunction is only legally binding in its jurisdiction (including the
West Coast West Coast or west coast may refer to: Geography Australia * Western Australia *Regions of South Australia#Weather forecasting, West Coast of South Australia * West Coast, Tasmania **West Coast Range, mountain range in the region Canada * Britis ...
of the continental United States,
Alaska Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S., ...
and
Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
) and is currently being appealed to the Ninth Circuit Court of Appeals. Other competitors have been blocked from providing service in
Los Angeles Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world' ...
and
Seattle Seattle ( ) is a seaport city on the West Coast of the United States. It is the seat of King County, Washington. With a 2020 population of 737,015, it is the largest city in both the state of Washington and the Pacific Northwest regio ...
by similar injunctions. On June 25, 2014, the U.S. Supreme Court ruled that Aereo's services breached copyright laws. It ruled that, "viewed in terms of Congress’ regulatory objectives, these behind-the-scenes technological differences do not distinguish Aereo’s system from cable systems, which do perform publicly", and that "insofar as there are differences, those differences concern not the nature of the service that Aereo provides so much as the technological manner in which it provides the service." As a result of the ruling, Aereo "paused" its services on June 28, 2014, and provided refunds. In an open letter to its customers, CEO Chet Kanojia disputed the decision, arguing that as their
spectrum A spectrum (plural ''spectra'' or ''spectrums'') is a condition that is not limited to a specific set of values but can vary, without gaps, across a continuum. The word was first used scientifically in optics to describe the rainbow of colors i ...
is provided for the public, "we believe you should have a right to access that live programming whether your antenna sits on the roof of your home, on top of your television or in the cloud." After that decision, the company and its lawyers reversed legal strategy, arguing that they are entitled to a mandatory copyright license as a cable system, since the Supreme Court had ruled that they were one. The US Copyright office issued a letter disagreeing with the argument, but leaving it up to the courts to make a final decision. The district court later agreed with the Copyright Office that Aereo was not entitled to a cable compulsory license and granted a preliminary injunction against the service.


See also

*
iCraveTV iCraveTV was a Canadian website, which operated from 1999 to 2000. The site offered streaming Internet broadcasts of the conventional television stations, both Canadian and American, that were available as over-the-air signals in Toronto. The si ...
– a similar service that operated in Canada *
LocalBTV LocalBTV is an American streaming television service based in Los Altos, California and owned by Didja. The service allows subscribers to view live and DVR recorded streams of over-the-air television as well as national channels on Internet-conn ...
*
Locast Locast was an American non-profit streaming television service that allowed users to view live Streaming media, streams of Terrestrial television, over-the-air television stations. The service was founded by attorney David Goodfriend under the ba ...


References


External links

* – official site * *
Supreme Court Briefs for ABC, Inc. v. Aereo, Inc.
at the
American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of acad ...

Argument Audio
an
Argument Transcript
for ''ABC v. Aereo'' at the US Supreme Court {{CATV USA, state=collapsed American companies established in 2012 American companies disestablished in 2014 Electronics companies of the United States Television websites Internet services shut down by a legal challenge Companies that filed for Chapter 11 bankruptcy in 2014 TiVo