Video Wars: Broadcast Television v. Internet Start-Ups

Norman P. "Norm" Leventhal is a Partner in our Washington, D.C. office.

For almost a year now, representatives of two major industries have been in a judicial face-off concerning the rights of the on-line community to retransmit broadcast network programs without paying for them.  Sounds unlikely?  It's happening and the industries are locked in a courtroom war on two coasts over its legality.

One recent battle began last March when Barry Diller's Aereo service began operations in New York City.  Subscribers were to be charged $12 per month to receive Internet transmission of network programs broadcast to thousands of micro-antennas located at Aereo facilities in NYC -- the same broadcasts that went to thousands of home antennas as well as the master antennas of all of the cable systems serving the region.  In Aereo, each subscriber downloads an app which assigns a single antenna to that subscriber and provides a typical DVR-like interface.