Justices Breyer, Roberts, Kennedy, Ginsburg, Sotomayor and Kagan were the majority.
It isn't over since the case now goes back to the lower court, but Aereo can no longer argue they are the same as a person putting an antenna on their roof.
Aereo is a company that setup 1000s of DVR's with 1000s of antennas on a New York City rooftop. They lease access to these DVRs for roughtly $5/month and the DVRs stream to your computer.
In the US, broadcast channels are free over the air. However, there is a law that says if cable companies want to retransmit the broadcasts, the networks can charge the cable companies.
Is Aereo "retransmitting" the broadcast, or just renting personal antennas? That is what the Supreme Court was deciding.
Its amazing that the left and the right can't agree on anything, not even it being illegal to lie on gun applications, but once IP is tossed in the game they all fall on some pretty strong protectionist postions.
I'm not making some big statement here, but it just goes to show that guys like Lawrence Lessig and the EFF keep losing because they have so few allies in government and have the most powerful enemies, the various deep-pocketing IP abusers like tech firms or Disney.
What now? Back to our DRM-laden lives with no silver lining I guess. Shame that the profit on mass entertainment trumps all rights. I wonder if my Slingbox is illegal now. Probably not, supposedly this decision is narrowly written, which is a welcome change from the big sweeping conservative-led majority decisions of late.
People who regularly watch the court know that judges falling into "Left" and "Right" camps are the exception, not the rule. There are typically splits were some of the "Left" judges agree for reason X and some disagree for reason Y, and/or some "Right" judges agree for reason Z and disagree for reason W.
And that's a good thing. This isn't a sports game where I should root for "my team." The judges shouldn't start from the end position they want and work towards that.
The endless 5-4 decisions of late tend to contradict that. Most judges are predictable. Roberts and Breyer being an exception, and slightly less predictable.
5-4 decisions tend to be the ones that make news. For the most part, the judges on the court agree with each other. In the the current term through June 18, 2014, only 14% of Supreme Court cases were settled in a 5-4 vote.
> 5-4 decisions tend to be the ones that make news.
Decisions on issues that have high political salience tend to be the ones that make news; there is currently something of a correlation with political salience and 5-4 split decisions on the courts, since Justices positions are most ideologically (rather than legally) consistent on points that were politically salient at the time of their appointment, and the issues with the strongest political salience also are often relatively consistently salient over an extended period of time, and since the court splits at or close to 5-4 on a lot of enduringly-salient issue areas.
But plenty of 9-0 issues on issues that have current salience make news, and 5-4 decisions on which the justices are split but there isn't a great deal of political salience often aren't treated as any more newsworthy than any other decision.
I went looking through those 5-4 cases to see if were along the left/right line. Only 4 of the 8 had Alito, Roberts, Scalia and Thomas on the same side.
(The second had Thomas writing the opinion and Scalia writing the dissent. That's pretty rare.)
EDIT duh, that's what the color-coding was for. Oh well.
I think you are confusing "left and right" with "mainstream Democratic and Republican politicians". These categories don't really overlap all that much.
Intellectual property law is the pride and joy of our legal system.
Really.
Patents, Copyright and Trademarks are all American inventions that have spread everywhere in the world. Many Americans think it goes too far, but in the fraternity of lawyers and judges, IP rules.
I believe that's the key insight. "Intellectual property" is good (in the sense of generating lots of work) for the legal profession. Judges tend to rule towards things that benefit the legal profession(s), and against things that don't benefit those profession(s).
However, you're wrong in point of fact. Copyright is an English law thing, a statute law, not a common law. Look up "Statute of Queen Anne". It's from 1710. Patents seem to be a British or Venetian thing. The USA almost didn't have a patent or copyright system, Thomas Jefferson was quite against them. For a long time, the USA allowed immigration on the basis of possessing some skill or patented idea - the USA was an "IP Outlaw". Not too surprisingly, this coincides with the USA's period of industrialization.
"Intellectual Property", the idea that one can own ideas, is just a bad idea, from an economic standpoint.
Reading your post it almost seems like Berne is an US city.
The Berne Convention was developed at the instigation of Victor Hugo of the Association Littéraire et Artistique Internationale. Thus it was influenced by the French "right of the author" (droit d'auteur) (...) Before the Berne Convention, national copyright laws usually only applied for works created within each country. So for example a work published in United Kingdom by a British national would be covered by copyright there, but could be copied and sold by anyone in France. (...) The Berne Convention followed in the footsteps of the Paris Convention for the Protection of Industrial Property of 1883, which in the same way had created a framework for international integration of the other types of intellectual property: patents, trademarks and industrial designs.
It's not true. IP law existed before the American revolution, and the US in fact initially refused to sign the major worldwide convention on IP law (Berne).
Well, the problem is that Aereo probably could not have prevailed at SCOTUS, because SCOTUS looks to precedent. In this case, their interpretation of the precedent itself (Copyright Act of 1976) was accurate, even if that precedent is out of date in our eyes. If you want SCOTUS justices to innovate, you need to challenge the precedents at their fundamental level, or else point to other precedents that should invalidate or challenge them.
Bear in mind that the function of the Supreme Court isn't to propose new laws (legislate); it's to rule on existing laws. By its own mandate, the Supreme Court does not serve an innovative function in government. It serves an examination and arbitration function. If we want to change anything here, we'll have to start in the other branches of government, or else bring a case that sufficiently challenges the Copyright Act.
> Well, the problem is that Aereo probably could not have prevailed at SCOTUS, because SCOTUS looks to precedent. In this case, their interpretation of the precedent itself (Copyright Act of 1976) was accurate, even if that precedent is out of date in our eyes.
You are confusing enactments (things like the Constitution and statute law, like the Copyright Act) with precedent (prior rulings of courts applying the same law). These are fundamentally different things, thought the court looks to both
Sorry, was a misnomer on my part. I was using "precedent" in the broad sense, i.e., to mean a preexisting reference point. But you're quite right in that the term has a very specific legal meaning, and I should have been more mindful of that. (IANAL, and I should probably preface a lot more of my legal discussions with that.)
Nevertheless, I think my point still stands. Court needs to find, sort, and prioritize reference points essentially.
1. "Obamacare" is an implementation of the Heritage Foundation's[0] health plan from the early 90s. It's "liberal" in the same sense that any Republican can be said to be "liberal."
2. Roberts has a deep and wide judicially conservative record. He cannot be called "liberal" in the context of American politics; it's not even up for debate. The man and his judicial practice is as conservative as they come.
3. I really don't see why it matters. The justices' political leanings have nothing to do with whether or not their decisions are "correct" or not (although it may provide insight into why they decide one way or another).
Doesn't change the fact that other conservative justices (Scalia, Thomas, and so on) voted against it and liberal justices voted for it. So Roberts could be said to be the most liberal of the bunch. The Aereo vote is pretty much the same as Obamacare vote, except Kennedy who is both anti-Obamacare and anti-Aereo.
Well, that 'fact' isn't very factual. The 'conservative' justices dissented from the majority opinion, but that doesn't mean that their rendering would have made Aerio's practices legal.
In a nutshell, the dissent would have also ruled against Aerio, just for a different reason than the majority. This sentence from Scalia's dissent should put things in perspective:
"I share the Court's evident feeling that what Aereo is doing (or enabling to be done) to the Networks' copyrighted programming ought not to be allowed."
Can I ask which country that is? It strikes me as odd to hear such a domestic US political rant from someone who doesn't live here. (or maybe you do live here now and are just comparing it to where you're from)
Remember, Obamacare is the health care plan the Republicans proposed after rejecting any kind of single-payer universal plan. That the Republicans subsequently also opposed their own health care proposal speaks more to their basic coherence than their political ideology, per se.
I would not describe Roberts as liberal, per se. However, I would think that someone has got some dirt on him. No way to explain his voting record, otherwise.
It isn't over since the case now goes back to the lower court, but Aereo can no longer argue they are the same as a person putting an antenna on their roof.