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> Aereo lost 6-3, even though the dissenting justices cited Betamax from 30 years previous.

I remember that dissent (authored by the late Justice Scalia—RIP). Here’s the citation in question:

> We came within one vote of declaring the VCR contraband 30 years ago in Sony [v. Universal]. The dissent in that case was driven in part by the plaintiffs’ prediction that VCR technology would wreak all manner of havoc in the television and movie industries.

> The Networks make similarly dire predictions about Aereo. We are told that nothing less than “the very existence of broadcast television as we know it” is at stake. Aereo and its amici dispute those forecasts and make a few of their own, suggesting that a decision in the Networks’ favor will stifle technological innovation and imperil billions of dollars of investments in cloud-storage services. We are in no position to judge the validity of those self-interested claims or to foresee the path of future technological development.




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