Jason Bloom in Inc.: What the Aereo Decision Means for Tech and Cloud Computing

June 26, 2014


As Aereo gropes for a way forward after a U.S. Supreme Court ruling all but shuttered it on June 25, most experts who have followed the case do not seem overly concerned that the decision could have broader repercussions for the tech industry.

Most intellectual-property and technology lawyers I've spoken with since the decision have been quick to praise the majority opinion, written by Justice Stephen Breyer, as having such an extraordinarily narrow focus that it negates interpretations that could stifle cloud-computing companies that facilitate sharing of copyrighted material, such as movies or songs. Such companies are among the hottest pre-IPO tech companies going, and include the likes of Box and Dropbox...

The case will be back in the hands of the New York District Court soon, where an injunction against Aereo is slated to be issued--unless a settlement happens first. And beyond that timeline, Congress could still decide to take up the issue, as it did with the Millennium Copyright Act in 1998, notes Jason Bloom, a partner at the law firm Haynes and Boone, LLP.

"If I was a certain kind of cloud computing company that allowed streaming of videos or music, or remote storage that provided DVR-like playback, I might be a little bit nervous," Bloom said. "They could be open to [lawsuits], and Congress may have to make long-term decisions there."

Excerpted from Inc., June 26, 2014. To view full article, click here.

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