He also told Chin, "The plaintiffs are asking you to overturn Cablevision."
Chin, who was the district court judge affirmed by the Cablevision appeals panel, drew a laugh from the audience when he said "I think the district judge got it right in Cablevision."
Gleeson went after Hosp for being reticent to concede that the AEREO model "is built around Cablevision," like people structure a business to avoid taxes.
"The reason you have all these tiny antennas is" to use "a belt and suspenders approach" to avoid a copyright violation, Gleeson said.
When Hosp responded that he thought the Cablevision court "got it right" and the circuit should simply apply Cablevision, Chin asked, "You don't think you're asking us to go one step further?"
Droney asked Hosp what happens when AEREO sends the broadcast signal to Monday Night Football and this Monday's New York Giants-Washington Redskins contest is viewed by 5,000 AEREO customers at the same time.
"Are these people seeing the same thing?" Droney asked.
Hosp said no, because the signal on each antenna was different.
The judges weren't buying it.
"Are you saying the Redskins might lose in some, but not in others?" Gleeson asked to the merriment of the audience.
Subscribe to New York Law Journal
