"Wednesday’s decision in American Broadcasting Cos. v. Aereo raises a big question about the right sources of interpretive authority in copyright cases. Justice Breyer’s majority opinion, finding that Aereo performed television programs publicly, was driven by legislative history and first principles, with analysis of the statutory text an afterthought. That approach turned a pure question of statutory interpretation into something more like common law adjudication. This is a departure from Justice Breyer’s past decisions on copyright, which have generally put the text first. If the new approach becomes the norm in Aereo’s wake, it could transform copyright into a more flexible but also far more unpredictable legal regime."
Issues and developments related to IP, AI, and OM, examined in the IP and tech ethics graduate courses I teach at the University of Pittsburgh School of Computing and Information. My Bloomsbury book "Ethics, Information, and Technology", coming in Summer 2025, includes major chapters on IP, AI, OM, and other emerging technologies (IoT, drones, robots, autonomous vehicles, VR/AR). Kip Currier, PhD, JD
Showing posts with label US Supreme Court decision in Aereo case raises big question re right sources of interpretive authority in copyright cases. Show all posts
Showing posts with label US Supreme Court decision in Aereo case raises big question re right sources of interpretive authority in copyright cases. Show all posts
Friday, June 27, 2014
Symposium: Aereo decision injects uncertainty into copyright; SCOTUS Blog, 6/27/14
Mitch Stoltz, SCOTUS Blog; Symposium: Aereo decision injects uncertainty into copyright:
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