The concept of building an entire business model around the language in a single court decision got a workout in New York on Nov. 30 as judges at the U.S. Court of Appeals for the Second Circuit peppered a lawyer for AEREO with questions about why the Internet start-up TV company shouldn’t be shut down for copyright infringement.
R. David Hosp of Goodwin Procter told a three-judge panel that AEREO, which grabs broadcast signals and puts them on a website that allows its subscribers to download programs to their computers, does not infringe because it is the customers making the copiesall in conformance with the Second Circuit’s own decision in the “Cablevision case,” Cartoon Network v. CSC Holdings, 536 F.3d 121 (2008).
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