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Posts Tagged ‘Barry Diller’

Barry Diller on Aereo Ruling: ‘We Did Try, But Now it’s Over’

barry dillerAereo investor Barry Diller is weighing in on the Supreme Court’s Aereo ruling, saying the decision in favor of the broadcasters is “a big loss.”

“I do think it’s a big loss for consumers wanting an alternative to the bundle,” he told CNBC’s Becky Quick. “We did try, but now it’s over.”

Diller has previously said that Aereo has no path forward in the event of a Supreme Court loss.

The Supreme Court ruled 6-3 in favor of the broadcasters in Wednesday’s decision. Broadcast stocks were up sharply on the news.

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Supreme Court Sides With Broadcasters in Aereo Case

aereoThe Supreme Court has ruled in favor of the broadcasters in ABC vs. Aereo. In the 6-3 opinion delivered by Justice Breyer, the High Court “goes out out of its way to make clear that its ruling does not endanger other technologies,” according to SCOTUSBlog.

The decision is the end of a long road for the lawsuit, which began when Aereo launched in 2012. Acting on behalf of the local stations in New York City, Aereo’s first market, broadcasters filed the initial suit less than two weeks after the streaming television service was announced. Four months later, a federal judge ruled in Aereo’s favor. In early 2013, a federal appeals court upheld the lower court’s ruling. In October 2013, the broadcasters petitioned the Supreme Court to hear the case.

The High Court heard oral arguments in the case in April. At the time, justices seemed conflicted over the broader implications the ruling could have over the cloud computing industry. During the arguments, the Supreme Court heard from both sides as well as the Deputy Solicitor General, who argued against Aereo on behalf of the government.

As for what’s next for Aereo: both Aereo CEO Chet Kanojia and investor Barry Diller have said that the streaming service would be shut down in the event of a Supreme Court loss. “The mission of this company was to try to create an open platform, to try to wedge the system open a little bit. And if we don’t succeed in that, despite our best efforts and good law on our side and merits of our case, it would be a tragedy, but it is what it is,” Kanojia told Bloomberg TV in April.

US Government to Argue Against Aereo at Supreme Court Hearing

aereo antennaeThe U.S. Supreme Court has granted a request from the Deputy Solicitor General’s to appear during tomorrow’s Aereo hearing in support of the broadcasters, Deadline reports:

The high court has decided to let the Solicitor General’s office participate in the one-hour oral arguments session between Aereo and the broadcasters Tuesday in Washington D.C. “Motion of the Deputy Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED,” said the SCOTUS yesterday. The granting of the motion comes more than a month and a half after the federal government’s top legal office filed a brief supporting the broadcasters in their showdown with the Barry Diller-backed streaming service.

Aereo CEO Chet Kanojia continued to make his case this weekend in a series of interviews with The New York Times and CNN’s Brian Stelter. “The question is, do they want to be broadcasters? If you want to be a broadcaster, you are required to program in public interest in convenience free to air,” Kanojia told Stelter. “Anybody with an antenna can pick it up. I don’t understand why the location of the antenna changes that equation in any which way, shape or form.” Watch after the jump.

We’ll be breaking down the arguments in the Aereo case at the TVNewser Show next Tuesday. Click here for more information and to register.

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U.S. Supreme Court to Hear Aereo Case

aereoThe U.S. Supreme Court has agreed to hear the major national broadcast networks’ appeal against Aereo, according to Bloomberg News.

The appeal was filed by ABC, 21st Century Fox, NBC Universal and CBS Corp. The broadcast networks say the streaming television service, which is backed by Barry Diller, violates their copyrights by obtaining and broadcasting their programming without paying fees, “transforming the industry and threatening the very fundamentals of broadcast television.”

“We look forward to presenting our case to the Supreme Court and we have every confidence that the Court will validate and preserve a consumer’s right to access local over-the-air television with an individual antenna, make a personal recording with a DVR, and watch that recording on a device of their choice,” Aereo founder Chet Kanojia said in a statement.

The Supreme Court hears arguments in April and will rule by July, Bloomberg reports.

Aereo CEO and Cablevision Say Aereo Fight May Undermine Cloud Computing

aereo_304In a statement that read like a classic boxing combination, Aereo CEO Chet Kanojia today started with the left jab that said his company is prepared to let the Supreme Court decide its legality.

That statement set up the big right cross where he agreed with Cablevision’s assertion that the broadcasters suing him are looking to do more than just stop the Barry Diller backed internet streaming service.

Yesterday Cablevision issued a whitepaper saying, while it agrees Aereo violates copyright law, the broadcasters fighting the service are looking to overturn what the two companies are calling the basic principles of cloud computing, the 2008 Cablevision remote-storage DVR (RS-DVR) decision.

In his statement, Kanojia wrote, “The long-standing landmark Second Circuit decision in Cablevision has served as a crucial underpinning to the cloud computing and cloud storage industry.  The broadcasters’ filing makes clear that they are using Aereo as a proxy to attack Cablevision itself.” Read more

Barry Diller Says He Would Sue Aereo If He Still Ran FOX


Barry Diller told Bloomberg Media Group chairman Andy Lack at Bloomberg’s “The Year Ahead:2014” conference he would fight Aereo if he still ran FOX.

“I would sue them and I would try and say something about consumers if I did so,” Diller told those in attendance.

The two spoke in-depth about the much contested streaming startup which is backed by Diller’s company IAC. Aereo allows subscribers to record broadcast television for a low monthly fee without reimbursing the content creators through retransmission fees.

“I think we’re on the side of the Angels,” said Diller about the startup which has, so far, been successful in court battles. “They don’t care about Aereo. What they care about is if we can survive then cable is going to run a game…and satellite…is going to run a game against them for essentially reducing, or not every year increasing, retransmission consent payments through the skies.”

He also said he doubts the NFL and Major League Baseball would follow through on their recent threats to pull their games from broadcast TV, “The chances of the NFL going off broadcast television, this is ‘the Super Bowl is not going to be on free broadcast television.’ I want to see that happen. They’re just making noise.” Read more

‘It’s a Free Over The Air Signal’: Diller Defends Aereo at D11 Conference

Speaking at the D11 executive conference in Rancho Palos Verdes, CA, IAC founder and chairman Barry Diller defended his new venture Aereo as a way to open up what he says is a closed system. Sitting next to CNN Worldwide president Jeff Zucker, Diller explained his motives for being the primary backer behind the technology, “I don’t want to go beat up broadcasters. I want to help move the centricity from fixed line or satellite closed systems to open internet systems. That’s what my interest is.”

But when asked by the moderator what he thought about the service, Zucker told Diller, “I think the key thing is that Broadcasters are going to continue to want to be paid for their intellectual property,” said Zucker. “If you’re offering that in a way that they’re not going to get paid for it I think that’s the issue.”

Diller’s Aereo technology allows subscribers to record over the air broadcast stations for $8.00 a month. The reason Aereo is so controversial is that it does so without paying broadcasters for the right to retransmit their content. Read more

ABC Set to Launch Live-Streaming App

This week, ABC will become the first major broadcaster unveil an app that allows users in New York and Philadelphia to live-stream local programming. Content from WABC and WPVI will be available first, with plans to introduce it in other markets later this year, The New York TimesBrian Stelter reports:

ABC, a unit of the Walt Disney Company, said the live stream would be available in the other six cities where it owns stations sometime this summer. It is also in talks with the companies that own ABC’s more than 200 affiliates to make the “live” button work in their markets.

ABC finished the first of its affiliate deals, with Hearst Television, on Sunday afternoon; it said the live streams would work in Hearst’s 13 markets, including Boston and Pittsburgh, in the coming months.

The app is also a way for ABC to get ahead of Aereo, the streaming television service that allows subscribers to watch over-the-air programming on Internet-connected devices. Anne Sweeney, the president of the Disney-ABC Television Group, told The New York Times that plans for ABC’s app were in place before Aereo was launched.

Barry Diller Defends Aereo on Bloomberg TV


IAC/InterActiveCorp founder and chairman Barry Diller sat down with Bloomberg TV’s Willow Bay at the Milken Global Conference Monday. Diller, the primary backer of Aereo, talked about the future of television in an interview that aired on “Lunch Money” (video above).

“The law of the U.S. is that if you have an antenna, broadcasters must provide a signal that you can receive without any interference. That is the right of Americans who gave licenses to broadcasters. That is the covenant. We are providing a technological method for them to receive them,” Diller said. “In 1972 or 1973, [Broadcasters said] the video recorder was an illegal thing. They went to the supreme court. And of course we all enjoy video records.”

Barry Diller on Aereo: ‘We’re on the Side of the Angels’

Barry Diller believes Aereo, the streaming TV company that he backs, is on the right side of copyright law, and he plans to aggressively market the service as the company continues its legal battle with broadcasters.

“The ability for a consumer, for an American, to receive broadcast over the air… is their right,” Diller told Bloomberg’s Jon Erlichman (video above). “And we’re just simply a technologically advantaged way of doing it.”

Right now, Aereo is only available in New York but Diller said that the service will be in every major American city in 2013.

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