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ARTICLE · 17 JULY 2014

The Supreme Court's Aereo Ruling: Is The Sky Falling For Cloud Computing?

With the Supreme Court’s Aereo decision finally out, the digital industry is struggling with its impact, if any, on various products and services.

United StatesIntellectual Property

With the Supreme Court's Aereo decision finally out, the digital industry is struggling with its impact, if any, on various products and services, particularly with regard to cloud computing. However, the Supreme Court narrowly tailored the Aereo decision to services that closely resemble cable TV. Thus, suggestions that "the sky is falling" for cloud computing or other services that might re-transmit copyrighted content may be premature.

In American Broadcasting Cos., Inc. v. Aereo, Inc., 573 U. S. __ (2014), the Supreme Court held that Aereo infringed broadcasters' copyrights by providing customers access to public TV programming over the Internet via individualized antennas owned and operated by Aereo. Aereo's business is built around two products: mini-antennas assigned to each customer and stored at Aereo's warehouses, and a digital video recorder with a large storage capacity on Aereo's servers, which acts as a private cloud service. At a user's request, Aereo

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