More and more Americans are cutting their cables and ditching their TVs, choosing to consume their video entertainment through online streaming services like Netflix or Hulu. But as online streamers begin to encroach on the realm of cable and broadcast TV, are they entitled to the same treatment as companies like Comcast or Viacom?
Not according to the Ninth Circuit. In a ruling this Tuesday, Fox Television Stations v. Aereokiller, the court rejected an attempt by FilmOn, an internet-based TV rebroadcaster, to obtain a compulsory cable license under the Copyright Act of 1976. The court must defer, it explained, to the Copyright Office's determination that internet rebroadcasting just wasn't the same as cable.