The framing of the question the Supreme Court will consider in...

the case. However, the court’s announcement of the question it will consider in the case is nearly identical to the one asked by broadcasters in their request for cert. The high court is considering “whether a company ‘publicly performs’ a copyrighted television program when it retransmits a broadcast of that program to thousands of paid subscribers over the Internet,” according to the Supreme Court website. Aereo had asked the court to instead consider whether Aereo is performing publicly “under Sections 101 and 106 of the Copyright Act, by supplying remote equipment that allows a consumer to tune an individual, remotely located antenna to a publicly accessible, over-the-air broadcast television signal, use a remote digital video recorder to make a personal recording from that signal, and then watch that recording.” It is not unusual for opposing parties to offer different questions, but the high court’s using the broadcaster version “suggests at least an initial willingness on the Court’s part to see things the way the broadcasters see them,” said the blog post. “Maybe it means something, maybe it doesn’t,” said the blog. “But the parties’ lawyers presumably think it’s significant: they did, after all, bother to advance their respective versions."