All Aereo does is take advantage of a loophole. They couldn't record the shows and stream them, because that would violate the networks' copyright. So they try to shoehorn effectively the same service into the exception for time-shifting.
All Aereo does is take advantage of a loophole. They couldn't record the shows and stream them, because that would violate the networks' copyright. So they try to shoehorn effectively the same service into the exception for time-shifting.
But public broadcasts are.. public. A private issue of patronage has nothing to do with a public issue of legality. You can't make any meaningful connections between the scenarios.
When you broadcast, you are granting implicit license to everyone who can receive to have and keep a copy of that event. Were it otherwise, I could set up an antenna, broadcast a video of me flipping the bird to the camera, and maliciously prosecute everyone receiving on that frequency for copyright violation.
If you want control over who sees your show, you can't really be doing it in front of a huge picture window visible from public property, or by pumping it out over radio signals, which is metaphorically the same thing.
The analogous situation would be if they paid $20 per watcher to the strip club, and had one blind dude come in with a whole array of webcams that linked up to people on the internet, with one webcam per person.
To which I'd ask you, why do you think this is a bad thing?
(The difference, of course, being that strip clubs are private whereas the public airwaves are public.)
Who in the real world is being mapped to the strip club which is taking the cover charge money in the analogy? It seems to be that in the analogy's codomain, the strip club might very well love the camera situation as it allows them to make more money per performance. So they can't be standing in for the tv broadcasters. Are they the antenna makers?
The tv broadcasters might more naturally map to the strippers themselves. Except that strippers don't get revenue by something that communicates as easily through the real world video signal like advertisements do. Perhaps if the strippers in the analogy were paid to wear brand logos and messages and such like race car drivers, but they would have to be on the skin, so temporary tattoos then. Or perhaps if the remote viewers in the analogy could hit a button to have the camera toss $X dollar bills onto the stage.
Oh, and the bar... strip clubs also hope to make money on drinks and a cut of the lap dances, is that why you assumed the strip clubs might not like the camera? The cover doesn't actually cover all of the expenses and desired profit. If so, I feel it could have been better spelled out or mentioned at all. But then, maybe the analogy's bar and lap dances are better stand ins for the advertisers in the real world (so we don't have to add in logo tattoos at all).
So, I'm still unsure about this analogy, including about it's value in adding clarity.