Jonathan’s post continues DisCo’s ongoing coverage of the Aereo case. Last week, Prof. Michael Carrier wrote a post for DisCo on the possible effect of Aereo on investment. Previously, DisCo writer Matt Schruers guest-posted on SCOTUSblog about how Aereo creates uncertainty for the cloud. One of the great attractions (or frustrations) of copyright law is that it is based on metaphysical distinctions. The most obvious of these is the idea/expression dichotomy. The Second Circuit in Computer Associates v. Altai observed that “drawing the line between idea and expression is a tricky business.”…
Read MoreUnderstanding the Copyright’s Volition Requirement After Aereo
