1. They place an antenna in the same market as the subscribers, and don't stream content from one market to a viewer in a different market
2. They're nonprofit, which I guess changes the rules on this type of activity?
I hope he does get sued, and wins. This seems to be analogous to time-shifting your content using a VCR (now DVR), except it's space-shifting your antenna instead.
We definitely did have our antennas in the same market (DMA) as our subscribers, and went to great lengths to prevent customers from streaming when outside of their home market, as we felt that approach best complied with existing law.
This is the statute Locast is relying on. “(5) the secondary transmission is not made by a cable system but is made by a governmental body, or other nonprofit organization, without any purpose of direct or indirect commercial advantage, and without charge to the recipients of the secondary transmission other than assessments necessary to defray the actual and reasonable costs of maintaining and operating the secondary transmission service.”
Aereo obviously couldn’t take advantage of this since they were for profit.
The relevant legislation in the United States would be the Copyright Act of 1976.
Presumably the fair use doctrine is most pertinent aspect applied here and the first part of section 107 explains that: "the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes."[1] would be considered in determining compliance with the applicable statues of the law.
§ 107 doesn't seem to apply since it's clearly not educational. If the ads that they run to support the service offset the broadcaster's ads, they will be motivated to bring suit, so we'll probably find out quickly whether Locast's business model constitutes Fair Use or not.
Replying to myself: but 17 USC § 111.a.5 does apply and it's very specifically applies for "... other nonprofit organization, without any purpose of direct or indirect commercial advantage, and without charge to the recipients of the secondary transmission other than assessments necessary to defray the actual and reasonable costs of maintaining and operating the secondary transmission service."
1. They place an antenna in the same market as the subscribers, and don't stream content from one market to a viewer in a different market
2. They're nonprofit, which I guess changes the rules on this type of activity?
I hope he does get sued, and wins. This seems to be analogous to time-shifting your content using a VCR (now DVR), except it's space-shifting your antenna instead.