SAM Preccelerator Program Presents: Sales Clinic with Rob Edenzon

Join Stubbs Alderton & Markiles, LLP

for this exclusive event!


Thursday, October 9, 2014
**Food, Drinks & Networking Included!**



Generating Revenue – Your Product is Ready, Now What?

Congratulations.  You’re on the verge of releasing your product.

We will be discussing how to go from product completion to revenue.  With or without funding to attack your market, Rob will provide the infrastructure you’ll need to begin generating sales or to build out a nationwide sales organization.  From understanding the buying process to deciding the profile of your first sales person, Rob will walk you through the components required to avoid mistakes and make sure you’re ready for success.





Rob Edenzon

Rob Edenzon is CEO of SalesClinic, a consulting firm that is exclusively focused on helping B2B companies generate profitable top line revenue.  All of SalesClinic’s consultants are former Vice Presidents of Sales.  Rob has built a successful career building and managing sales teams of all sizes.
His experience has ranged from building and managing worldwide networks of independent sales representatives to having over 300 employees in his sales organization. His expertise encompasses all the major areas involved in putting together successful sales organizations including: hiring, managing, coaching, sales skill development, sales goals/metrics, territory design, compensation/incentives, field sales, inside sales, account management and sales automation.
Rob has worked with large companies such as Overture, Ticketmaster Online CitySearch, Baker & Taylor as well as growth companies such as Qualte, Infotrieve, Inference, Sage Metrics, and Software Affiliates.  Rob has helped numerous companies increase top line revenue production as a sales consultant.
His experience ranges from both digital and print media to enterprise software companies.  Rob’s most interesting client was a start-up that manufactured and sold building escape parachutes for residents to use when trapped in the upper floor of a high rise.  Rob has been selling, managing sales or delivering sales consulting services since he got his first sales job selling satellite TV to farmers in Iowa in 1984.



Stubbs Alderton & Markiles, LLP
1453 3rd Street Promenade, Suite 300
Santa Monica, CA 90401

4th Street/Broadway ramp or in the Santa Monica Place Mall

We hope to see you there!

Stubbs Alderton & Markiles, LLP Closes Financing Deal to Form Indigenous Media

Stubbs Alderton & Markiles, LLC closed a financing deal to form digital media company Indigenous Media.  This new digital media company is founded by  the team behind YouTube Channel WIGS, including producer Jon Avnet (Black Swan), his son Jake Avnet and director Rodrigo Garcia (In Treatment).  The deal received funding from communications conglomerate WPP and U.K. TV giant ITV.  Additional investors include Steven TischShari Redstone‘s Advancit Capital and Michael PriceJon Miller, former CEO of digital media for News Corp, has been appointed Indigenous chairman.   

To view the full Hollywood Reporter press, click here.

For more information regarding our Internet, Digital Media & Entertainment practice, contact SAM Partner Greg Akselrud at (818) 444-4503 or


SAM Client Red Bull Global Rallycross’s Driver Rhys Millen Places First at Daytona International Speedway

SAM client Red Bull Global Rallycross‘s driver Rhys Millen took the first main event victory of his career in the series’ first-ever visit to the prestigious Daytona International Speedway.  Millen beat Ken Block and Bucky Lasek to the line in a race that shook up the championship standings, proving next month’s doubleheader at the Port of Los Angeles will be anyone’s race.

About Red Bull Global Rally Cross

Red Bull GRC combines the best aspects of circuit racing, off-road racing and rally competition to deliver intense action in fan-friendly environments.

SAM To Host: WinLAVA “Do it Yourself Marketing/Social Media – Building Your Market Presence” – September 24, 2014





Do it Yourself Marketing/Social Media

Building Your Market Presence


Date: September 24, 2014 Wednesday
Time: 11:30am-2:00pm

Stubbs Alderton & Markiles, LLP
(1453 3rd Street Promenade, Suite 300, Santa Monica, CA 90401)

Parking: Parking across the street in the Santa Monica Place Mall  (first 90 minutes free. $1 for the next hour and $1.50 for each additional 30 minutes)

Free for LAVA Members   $35 for Non-Members




Natalie Do, Steering committee member and sponsor of Women in LAVA (WinLAVA),  VP, Relationship Manager of Torrey Pines Bank, specialize in banking and lending for professional service firms, middle market companies and non-profit organizations.

Maggie Shih, Steering committee member of Women in LAVA (WinLAVA), VP of Product & Technology Services at DataPop.


Jedd GoldJedd Gold
Co-Founder and CEO
The Kive Company

Jedd Gold is the Co-Founder and CEO of The Kive Company, creators of the Artkive app and Tastemaker Mom.  Artkive has been featured on the Today Show, Katie Couric, named a Cool Mom Tech Pick of the Year, a Daily Candy Favorite Find of the year, and featured on iTunes for more than a year in their Best Apps for Parents category.  Tastemaker Mom is a community whose insight and voices are helping shape the way brands market to women.  Jedd co-founded and sold his last business which built training games for corporations and the government.  Prior to his entrepreneurial endeavors, Jedd served as Managing Director of Marketing for Variety Magazine, and was VP of Marketing for an entertainment company where he was responsible for developing the brand strategies, marketing promotions, launch plans and corporate partnerships for properties such as Strawberry Shortcake.  Jedd received his MBA from UCLA’s Anderson School of Business and BA from the University of Michigan. He resides in Los Angeles with his wife and 2 daughters.

Kelsey DooreyKelsey Doorey
Founder and CEO
Vow To Be Chic

Kelsey Doorey is the Founder and CEO of Vow To Be Chic, the first company to offer designer bridesmaid dress rentals, introducing cost savings and convenience to the bridesmaid experience and bringing an age-old tradition into the 21st century.  It introduces an affordable, convenient, and stylish alternative to the status quo, offering dresses from $95 that retail for an average of $300.  By offering designer bridesmaid dress rentals online, Vow To Be Chic is a disruptive concept in the bridal industry, bringing an age-old tradition into the 21st century.  Being a bridesmaid is an expensive honor and we’re here to help.  Kelsey has an MBA from UCLA Anderson and a BA from Columbia University. Prior to Vow, Kelsey worked as a management consultant for four years before following her passion to the retail industry. In retail, Kelsey has worked at RentTheRunway, Bloomingdale’s, Michael Kors, and BCBGMaxAzria.

Renee MillerRenee Miller

President/Creative Director
The Miller Group Advertising

Renee Miller has been recognized as one of Los Angeles’ leading creative directors.  She has won nearly every major creative award including One Show, Communication Arts (CA), Best of the West, ADDY, Graphis, and N.Y. Art Directors Club.  She has judged Communication Arts advertising annual and presented at several prestigious awards shows.  For seven consecutive years, the Los Angeles Business Journal has named The Miller Group one of the top 75 women-owned businesses in Los Angeles.  Renee was also one of 200 women in Los Angeles nominated for the “2007 Women Making a Difference” awards sponsored by the Los Angeles Business Journal.   Renee has been featured in Adweek, Brandweek, Ad Age, Entrepreneur, New York Times, Los Angeles Times, Marketing Sherpa and dozens of other publications around the country and has spoken to dozens of groups around the country, as well as guest lectured at UCLA, USC, UC Irvine, Pepperdine, Loyola Marymount and Ohio State University.

Christine WoodwardChristine Woodward
Founder and CEO
Henry Woodward Communications

Christine Woodward has spent more than two decades creating successful marketing campaigns for companies across the Western United States. Through her consulting firm, Henry Woodward Communications, Chris has represented clients in a wide range of industries, including law, finance, accounting, health, insurance, architecture, engineering, real estate, recreation, high technology, and aviation.  She has designed campaigns for Los Angeles World Airports, the Boeing Company, Earth Tech, Loyola Marymount University, Psomas, and Raging Waters Theme Parks, to name a few.  Chris created My PR Tools to bring the benefit of her marketing and PR expertise to professionals and entrepreneurs. She designs comprehensive, affordable marketing campaigns designed to hit the sweet spot with target clients.  Through her consulting packages, Chris brings the power of marketing and PR to professional services firms and start-ups at a fraction of the cost of hiring an agency. She helps her clients get up and running with proven, highly successful marketing strategies to get maximum exposure and boost revenues. Before forming her own company, Chris was director of Public Affairs for the 1,000-acre Playa Vista master-planned community just south of Marina del Rey, CA. Prior to that, she served on the executive staff of the Mayor of Los Angeles. Chris is a graduate of UCLA and a long time Manhattan Beach resident.

Please Vote! SAM Partner Greg Akselrud Submits Digital Media Panel for SXSW 2015!




Please cast your vote by Friday, September 5 (11:59 PM CST).

To Vote: 

1) Sign up for a SXSW PanelPicker account (just your name and email required)

2)  Click on the voting link:

Vote to see my session at SXSW 2015!

Voting from the public accounts for about 30% of the decision-making process for SXSW panel programming. Also important in this decision-making process is the SXSW Advisory Board (40%) and the input of the SXSW staff (30%).  A few minutes of your time can make a huge difference!


DON’T HIT SEND Avoid Mistakes of Snapchat & Tinder

Emails, text messages and chats overwhelmingly represent the ways in which we communicate for work and in our personal lives. The problem is – they create serious problems that can jeopardize what’s most important to us. Seemingly innocent communications can end your career, destroy your personal relationships, become leverage in disputes, and become media sensation. This presentation explains the many ways in which people can access your communications, and provides guidance on how to communicate in today’s digital world. Do you want your emails and texts to go public like the founders of Snapchat and Tinder? Didn’t think so.

Questions Answered

1)   How can your personal and professional communications create problems for you or your employer/client/customer?

2)  What do your computer and mobile phone know about you?

3)  How can people access your communications and other information?

4)  Can you safeguard your communications and other information, including deleting from time to time?

5)  How can you manage your communications in a digitally recorded world? 


  • Greg Akselrud, Stubbs Alderton & Markiles, LLP

Link to vote: 

Congratulations to SAM Client Beats Music and Beats Electronics in Their Sale to Apple, Inc.


beatsStubbs Alderton & Markiles, LLP would like to congratulate long time client Beats Electronics and Beats Music in their acquisition by Apple, Inc.

In addition to acting as Beats’ counsel since its formation in 2008 by Dr. Dre and Jimmy Iovine, SAM was involved in the sale to Apple.  Attorneys assisting in the acquisition transaction included Scott Galer, Gaurav Krishan and Mariam Tonya Karson.

For more information about our services, contact Heidi Hubbeling at or (310) 746-9803.



SAM Client The Bouqs Featured in Built in Los Angeles Article

Bouqs AdJohn Tabis, Founder and CEO of SAM client, The Bouqs, was featured in a Built In LA article describing the e-commerce company and the current market.

Tabis states, “We are a combination of an e-commerce and supply chain company.  If you buy products from a retailer these are close to three weeks old, but with us, the physical attributes of the flowers are different because they are sourced from farms directly, which leads to better economics for farms, consumers and a fresher product.”
The Bouqs, an online flower delivery service based in Marina Del Ray, recently wrapped up a $6 million Series A. The company seeks to transform an industry that has been slow to adapt to online e-commerce.
To view the full article, click here.

SAM Preccelerator Program Company Team(You) Announces Launch

TEAM-LOGO-TREATMENT-colorStubbs Alderton & Markiles’ client and Preccelerator Program company,
Team(You), a digital incentive tool, launched in June.

The web application allows teachers and staff to administer incentive programs online. Through the system students are immersed in a token economy that increases financial literacy; the digital
tracking allows personalized student-teacher interactions.

The web application replaces incentives being widely used, like paper bucks or marbles in a jar through an easy to use seating chart interface. Students earn points for academic, life, and social skills like improving test scores, class participation, and helping out other students. Data is immediately recorded and can be analyzed by students and teachers.

Early demand is highest from innovative middle school principals looking to address the dropoff in student engagement in high school. “These principals are looking for the solution to that precipitous drop at the 8th grade,” says Andrew Cheeseman, Team(You) co-founder. “This system catches the students’ attention in 6th grade and continues with them through this critical growth spurt in their physical and emotional lives.”

Team(You) is the upgrade of a system with a seventeen-year development at after-school provider Bresee Foundation. Student engagement and enrollment boomed at the after school program, along with growth in the number of points students earned. Bresee students report that the chance to earn points was the reason they came, even on days they thought to skip.

Team(You) founder Cynthia Harrington, serial entrepreneur and financial services executive, volunteered to create a points-based financial curriculum that explained how the token economy was like real life, for which she was awarded the PF Bresee Award. Over 8,000 students have learned about earning and spending in real life while they accumulated over two million points.  “These students helped to write the curriculum from their own experiences,” says Harrington. “I added financial concepts as well as questions that challenged them to critical thinking about math as well as life problems.”

Demand for such a product was evident from the beginning. “‘Why can’t we have this?’ any school leader who saw the Bresee system would inevitably ask,” says Harrington. “With that kind of demand, we had a duty to make it available.”

The time tested software system from Team(You) makes it easier for teachers to administer incentive programs that most are already using, and it offers digital tracking of important behavioral trends. The program serves students of all ages; special features are designed for particularly critical years for increasing student engagement.

About Team(You)

Team(You) is the digital tool that increases school engagement. Education is one of the last industries to cut labor costs and to increase outcomes through the innovative use of technology. Team(You)’s proven system has value to classrooms across the world, and the company is meeting the challenge to bring enterprise-level software to individual use in the classroom. Founded in 2013 by serial entrepreneur Cynthia Harrington and backed by Wall Street and tech executives, the token economy that students find fun is a powerful learning tool for financial education. The relevant lessons and real-time reporting increases engagement across the school day and facilitates Common Core. Honoring the innovation that comes from the non-profit sector, Bresee holds an ownership stake in Team(You).

For more information about Team(You) contact: Cynthia Harrington, CEO, Team(You), or visit 

For more information about the Preccelerator Program, contact Heidi Hubbeling or (310) 746-9803.

SAM Preccelerator Program Company 3Ten8 Receives $250K in Funding and Acceptance into Citrix Startup Accelerator Seed Program


Congratulations to SAM Preccelerator Program Company 3Ten8!  They have been selected to be in the first class of of Citrix’s new program, Citrix Startup Accelerator Seed Program.  As part of their acceptance, 3Ten8 will receive $250k in seed funding, formal training and guidance from an Innovators Council comprised of CIOs and CTOs from AMD, Bosch, Citrix, Coca-Cola and Ricoh, as well as investors from top Silicon Valley VC firms. The will also present their products and services and report on their latest progress at the Innovators Day taking place at the Citrix Silicon Valley headquarters in Santa Clara. 

To view the Wall Street Journal press release, click here.

About 3Ten8

3TEN8 develops software that helps mobile network operators visualize network performance, analyze subscriber behavior and optimize their wireless networks; a state-of-the-art mobile device is only as functional as its wireless network. Currently, these networks are being managed by basic and inefficient tools. As telecom engineers, we grew tired of the shortcomings of these tools, so we took matters into our hands, dared to defy the status quo and created our own solution. 3TEN8 was founded by former employees of major telecommunications and software corporations. Merging the best of these two disciplines allowed us to develop an inspired and innovative software. By converting network data into easily understood and usable information, we have made it possible for engineers and executives to make more knowledgeable decisions. Ultimately better tools leads to happier engineers, improved networks, less dropped calls, and subsequently, happier customers and increased revenue. 3TEN8 targets 80+ mobile network operators in the U.S. and 800+ worldwide. 

To view 3Ten8′s pitch, click here.

For more information about our Preccelerator Program, contact Heidi Hubbeling at or (310) 746-9803.

American Broadcasting Companies, Inc. v. Aereo, Inc. – Decision Summary

                            Image converted using ifftoany Aereo-Logo-2013
By: Anthony Keats, Konrad Gatien and Bernadette Bolan
Brand Development & Content Protection Practice

I.            Introduction

This memo summarizes the United States Supreme Court’s decision in American Broadcasting Companies, Inc v. Aereo, Inc. which came down June 25, 2014. Justice Breyer delivered the opinion of the Court, with Roberts, Kennedy, Ginsburg, Sotomayor, and Kagan joining. Scalia filed a dissenting opinion, in which Thomas and Alito joined.

The United States Supreme Court found in favor of the broadcast companies, in the matter of American Broadcasting Companies, Inc. v. Aereo, Inc. The Court’s finding hinged on the Court’s rejection of the premise that “re-transmission” via the internet to a single user constituted any significant difference from the existent regulations in place for cable broadcasts of copyrighted material to a single end-user. From this perspective, the Court upheld a conservative and literal reading of the Copyright Act.

II.            Procedural History

American Broadcasting Companies, Inc. (“ABC”) sued Aereo, Inc. (“Aereo”) for copyright infringement and sought a preliminary injunction, arguing that Aereo was infringing on their right to “publicly perform” their copyrighted works. The District Court denied the injunction and the Second Circuit affirmed. The Supreme Court reversed and remanded.

 III.            Facts

Aereo sells a service that lets subscribers watch television via the Internet for a monthly subscription fee. Though many television networks post shows to their sites for the public to view online after the show has aired (usually a day later), this service allows users to watch shows at about the same time that the show is airing. When a subscriber wants to watch a show, s/he selects it from a menu on the Aereo website. Aereo neither owns the copyright to any of the shows, nor has a license from the owners to perform the works publicly.

Aereo has a warehouse that that houses thousands of small antennas, about the size of a dime each. Each antenna is dedicated to one subscriber. A server tunes the subscriber’s antenna to the broadcast of the show that the subscriber has picked. A transcoder translates the signal picked up by the antenna into data that can be sent out over the Internet. Instead of sending the data directly, a server saves the data for that broadcast in a folder, specific to that subscriber, on Aereo’s hard drive and then begins to stream the show to the subscribers one a few seconds of programming have been saved. This goes on, with a few seconds of delay from the initial broadcast, until the entire show has been transmitted to the subscriber. A subscriber can watch the show on any device that gets Internet service such as a personal computer, tablet, smart phone, or Internet-connected television.

ABC consists of television producers, marketers, distributers, and broadcasters. They own the copyrights in many of the shows that Aereo streams to users.

 IV.            Relevant Law

The Copyright Act of 1976 gives a copyright owner the “exclusive right” to “perform the copyrighted work publicly.”[1] The Act’s Transmit Clause defines that exclusive right to include the right to “transmit or otherwise communicate a performance . . . of the [copyrighted] work . . . to the public, by means of any device or process, whether the members of the public capable of receiving the performance . . . receive it in the same place or in separate places and at the same time or at different times.”[2]

  V.            Arguments

 Aereo emphasizes that the data that the system streams to each subscribers are the data from his or her own personal copy, made from the broadcast signals received by the subscriber’s own personal antenna. Though multiple subscribers may wish to watch the same program at the same time, Aereo’s system activates just as many antennas, one per subscriber, and sends just as many transmissions separately to each person.

 Aereo’s argument, which was initially agreed with by the Second Circuit, is that Aereo does not perform the works publicly within the meaning of the Transmit Clause because it does not transmit “to the public,” rather only to an individual subscriber each time. Furthermore, Aereo argues that it does not perform anything but merely provides equipment that allows the subscribers to “perform” the works. Aereo likens their service to the operation of a home antenna connected with a digital video recorders (DVR).

ABC says that Aereo transmits a prior performance of their works, and so when it retransmits a network’s prior broadcast, the underlying broadcast is the performance that Aereo transmits. Aereo claims it transmits a new performance created by its act of transmitting and that performance comes into existence when Aereo streams that images ad sounds of a broadcast program to the subscriber’s screen.

 VI.            Court’s Analysis

 Does Aereo Perform?

One of Congress’s purposes in amending the Copyright Act in 1976 was to overturn the Supreme Court’s decision that community antenna television (CATV) systems fell outside of the Act’s scope. In Fortnightly Corp. v. United Artists Television, Inc., a CATV provider put antennas on hills above two cities and used cables to carry the signals that it picked up to home television sets of its subscribers.[3] The system amplified the signals so the subscribers could better receive them. The CATV provider did not edit the programs or originate them, it just conveyed what it picked up via the antennas. A subscriber could choose any of the programs to view by turning the knobs on the home television set. The Court held that broadcasters perform and that viewers do not, placing the CATV providers under the category of “viewers.”[4] Essentially, the court said that the CATV system only enhanced a viewer’s ability to receive broadcast signals by providing amplifying equipment and that like a viewer who does not become a “performer” by using enhancement equipment directly, the CATV provider did not perform. The Court had a similar holding in Teleprompter Corp. v. Columbia Broadcasting System, Inc.[5]

The amended Copyright Act sought to erase the Court’s line between broadcaster and viewer, in respect to “performing.” The amended statute clarifies that to “perform” an audiovisual work means “to show its images in any sequence or to make the sounds accompanying it audible.”[6] Under this language, both the broadcaster and the viewer of a television program “perform” because they both show the program’s images and make the program’s sounds audible. Congress also enacted the Transmit Clause, which specifies that a performance becomes public when it is transmitted to the public.[7] Congress also created a new section of the Act to regular cable companies’ public performances of copyrighted works, Section 111. The section creates a complex system of compulsory licensing that sets out conditions and payment terms for cable systems to retransmit broadcasts under.

The Court found that history makes clear that Aereo is not simply an equipment provider, but that Aereo, not just its subscribers, performs/transmits the works. The Court likened Aereo to the CATV companies that Congress acted to address. Though Aereo’s equipment serves a viewer function and may emulate equipment a viewer could use at home, the same was true of the CATV companies.

The Court recognized that the difference between Aereo and the CATV systems was that those systems transmitted constantly whereas Aereo’s system remains inert until a subscriber indicates that s/he wants to watch a show and triggers the antennas to receive a broadcast. Though the dissent found this crucial, the majority did not agree that this made any critical difference.

Is the Performance Public?

Under the Transmit Clause, to transmit a performance is “to communicate it by any device or process whereby images or sounds are received beyond the place from which they are sent.”[8] The Court assumed, arguendo, that Aereo’s argument was correct and that a to transmit a performance means to communicate contemporaneously visible images and sounds of the work. Aereo streams the program to the subscribers over the Internet and thereby communicates the images and sounds to the subscriber by means of a device or process.

The Court stated that, although each transmission goes to an individual subscriber, the differences in the way the system works does not distinguish Aereo from a typical cable system. Aereo’s commercial objective, the Court found, is no different from a traditional cable company’s objective. Additionally, the viewing experience of Aereo’s subscribers is not significantly altered. The Court found that though Aereo’s argument assumes that “to transmit a performance” means to make a single transmission, the Clause suggests that an entity may transmit a performance through multiple, discrete transmissions. The Clause says that one may transmit a performance to the public “whether the members of the public are capable of receiving the performance… receive it … at the same or at different times.”[9] If the phrase, “to transmit a performance” were limited to a single act of communication, members of the public could not receive the performance communicated “at different times.” The Court found that Aereo does perform publicly.


Aereo performs ABC’s works publicly, within the meaning of the Copyright Act’s Transmit Clause. Aereo does not merely supply equipment to allow others to “perform” the works; it does so itself. Furthermore, this performance is “public” because Aereo “transmits” the performance of the work to the public. That each individual transmission goes to a specific subscriber only does not distinguish Aereo’s model from cable television systems, which do perform publicly.


Scalia argued that Aereo, if at all, was secondarily infringing but not directly infringing. Aereo, Scalia claims, may enable its users to infringe by providing the equipment, but does not do so directly itself because it merely operates an automated, user-controlled system. Scalia compared Aereo to a copy shop that rents out its copiers to the public – it provides the machines but the customers are the ones who choose to use the machines legally (to copy their own work) or illegally (to copy copyrighted works of others). Aereo is like, Scalia contends, a copy shop that gives patrons a library card.

Scalia stated that he shares the majority’s opinion that what Aereo is doing (or enabling) to the network’s programing should not be allowed, but that the Copyright Act should not be distorted to forbid it.

 IX.            General Comments

A decision to ignore the technological subtleties presented by Aereo renders their service effectively illegal, and potentially sets a relevant precedent for technology-based arguments in the future. It’s quite likely that, given the technology, social climate, and nature of copyright creation today, that were the Copyright Act written or revised today, this finding may have been different. But given the broad language of the Act as we have, it is not entirely surprising that the Court would find against the technological argument.

Although this grants the cable companies a temporary reprieve from the pressures of internet based entertainment, “(c) Given the limited nature of this holding, the Court does not believe its decision will discourage the emergence or use of different kinds of technologies. Pp. 15–17.” Though this is an important finding in the short term, the Court clearly does not believe the finding will significantly hinder the development and improvement of this sort of technology in the future. Though the Court did an excellent job interpreting the word of Congress in its application of the 1976 Copyright Act, it is hobbled by its limited variety of terms regarding technology: The text of the Clause effectuates Congress’ intent. Under the Clause, an entity may transmit a performance through multiple transmissions, where the performance is of the same work. Thus when an entity communicates the same contemporaneously perceptible images and sounds to multiple people, it “transmit[s] . . . a performance” to them, irrespective of the number of discrete communications it makes and irrespective of whether it transmits using a single copy of the work or, as Aereo does, using an individual personal copy for each viewer.” And of course, how relevant that is to actual users’ interests remains to be seen.

Aereo is one of a number of factors putting pressure on cable companies to unbundle their delivery services of copyrighted works, allowing for lower cost al la carte options. These factors include VOD, Netflix, piracy, and DVR commercial skipping. Aereo’s statement reveals a real concern that the Court’s finding has more significant repercussions for streaming content delivery. “Today’s decision by the United States Supreme Court is a massive setback for the American consumer. We’ve said all along that we worked diligently to create a technology that complies with the law, but today’s decision clearly states that how the technology works does not matter. This sends a chilling message to the technology industry.  It is troubling that the Court states in its decision that, ‘to the extent commercial actors or other interested entities may be concerned with the relationship between the development and use of such technologies and the Copyright Act, they are of course free to seek action from Congress.’ (Majority, page 17) That begs the question: Are we moving towards a permission-based system for technology innovation?”

Although this decision is, according to Aereo’s lawyer Tom Goldstein, “sweeping and definitive,” Justice Scalia led the dissent, taking issue with the assertion that Aereo’s actions constitute “performance.” “In sum, Aereo does not ‘perform’ for the sole and simple reason that it does not make the choice of content,” Scalia writes. “And because Aereo does not perform, it cannot be held directly liable for infringing the Networks’ public-performance right.” Although he agreed with the result, that Aereo should be prevented from enabling access to Network’s IP, he suggests “Perhaps we need not distort the Copyright Act to forbid it.”

    X.            Website Follow up

[1] 17 U. S. C. §106(4).

[2] Id. §101.

[3] 392 U.S. 390 (1968).

[4] Id. at 398-99.

[5] 415 U.S. 394 (1974).

[6] §101

[7] Id.

[8] 17 U. S. C. §101

[9] Id.