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You could argue that Aereo's copying of the received signal to an output stream is also unlicensed duplication.


Well that's for the Supreme Court to decide now but logically speaking, it's not an unlicensed duplication. It's not duplicated at all. The broadcast is recorded once, played back by the original recorder, and is not distributed as it's not being transferred from one entity to another.

The whole argument obviously relies on the premise that Areo is renting you the antenna, so you're the one doing the recording using rented equipment far away.


But then what of the people that have antennas at home, record shows for later playback (which is legal)? This is the same concept, just remote.




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