harryh's point, and the point of this legal decision, is that the text of the law is not really relevant. Anything that appears to any halfway reasonable person to abide by the text of the law, but which upsets powerful groups, will be prohibited, because the goal of our IP legal system is to protect those groups.
It's not that the text is irrelevant. It's that there is also the "spirit of the law" that goes along with that text. When you have to go around the text of the law by jumping through convoluted hoops (which Aereo has definitely done), it's likely you're violating the spirit of the law.
While Aereo's setup is undoubtedly clever, I am glad our legal system doesn't treat the raw text of laws as gospel. Laws are created for a purpose, and it would be impossible to foresee every possibility to get around the intent of a law when you are drafting it.
> It's that there is also the "spirit of the law" that goes along with that text.
Sure, and my point is that the "spirit" of these laws is simply to please IP lobbies. I don't think it's a good thing.
> When you have to go around the text of the law by jumping through convoluted hoops (which Aereo has definitely done), it's likely you're violating the spirit of the law.
How is what they've done convoluted? It's extremely simple.
That's not my point at all. That is, in fact, a gross misstatement of my point. Rather than assuming that everyone on the other side of this is an idiot and/or corrupt you'd be better served to step back a bit and try to work from the assumption that there are reasonable people on the other side of this.
Personally, I still think that is dumb and bad.