So argues Prof David Post, citing the SDNY (the busiest of New York’s federal courts) rejecting Aereo’s argument that it is a “cable system” that can be paid by subscribers for content under the statutory license rules, following its defeat (6-3) at the U.S. Supreme Court in ABC v. Aereo.
What do you think – is copyright law incoherent? If so, why and how would you recommend fixing it? If not, how do you synthesize the copyright law and how do the threads of the copyright tapestry weave together to form a solid IP architecture and fluid narrative?
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