Court Sides With Aereo

Streaming television service Aereo does not infringe the copyrights of over-the-air TV stations, and a request from several stations to shutter the New York-based service isn’t warranted, an appeals court has ruled.

The U.S. District Court for the Southern District of New York was right to deny a request for a preliminary injunction from Fox, ABC, WNET and other TV stations, the U.S. Court of Appeals for the Second Circuit ruled Monday.

The TV stations had argued Aereo, a service that allows subscribers to record and play over-the-air TV programs on Internet-connected devices, violated their so-called public performance right, their exclusive right in U.S. copyright law to “to perform the copyrighted work publicly.”

But Judge Christopher Droney, writing for the appeals court majority, noted that Aereo makes use of technology already found by courts to be legal. The service combines Aereo-designed mini TV antennas, DVRs, and a Slingbox-like streaming service, he noted.

Aereo users, by making personal copies of TV programs for their own use, were not creating public performances, Droney added.

The TV stations “have not demonstrated that they are likely to prevail on the merits on this claim in their copyright infringement action,” Droney wrote in rejecting the request for an injunction against the service. “Nor have they demonstrated serious questions as to the merits and a balance of hardships that tips decidedly in their favor.”

Aereo praised the decision. The decision “again validates that Aereo’s technology falls squarely within the law, and that’s a great thing for consumers who want more choice and flexibility in how, when and where they can watch television,” Chet Kanojia, Aereo’s CEO and founder, said in a statement.

Lawyers for the TV stations weren’t immediately available for comment.

Digital rights group Public Knowledge cheered the ruling, saying it is a “victory for consumer choice and video innovation.”

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Google Sells A Piece Of Motorola

Google plans to unload the TV set-top box business of its Motorola Mobility subsidiary to Arris Group, a broadband device vendor, for $2.35 billion.

Arris will also receive patents belonging to the business, called Motorola Home, and will get a perpetual license to other Motorola Mobility patents as part of the deal. The companies announced their agreement late on Wednesday and expect the sale to close by the second quarter of next year.

Google acquired Motorola Mobility in a closely examined deal that concluded in May. It bought the business primarily for its mobile assets and proceeded to seek a buyer for its Motorola Home division, which primarily makes set-top boxes for bringing video and other broadband services to TVs. Motorola Home had revenue of $3.4 billion in the year ending Sept. 30.

Despite the growth of Internet-based video services, Arris sees growth ahead in the set-top box business. The combined companies will have more than 500 customers in 70 countries, according to a press release.

“Every operator that we’ve talked to tells me that in-home devices are not going to go away,” Arris Chairman and CEO Bob Stanzione said on a conference call to discuss the deal. He sees a new generation of the boxes that will carry both traditional and IP (Internet Protocol) video services going into homes soon.

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Yahoo Going Up

Yahoo Inc shares climbed to their highest level in a year and a half, as investor confidence seems to be increasing that new Chief Executive Marissa Mayer can orchestrate a comeback that eluded three of her predecessors.

The Internet pioneer has yet to actually provide Wall Street with any hard evidence that its business is turning a corner – and she has warned that it will be a lengthy job – but investor faith in the ex-Google executive is running high.

Hedge funds Tiger Global Management and Greenlight Capital Management recently disclosed large stakes in Yahoo, accumulated during the third quarter.

“Money managers are staring to want to own this name again,” said Colin Gillis, an analyst with BGC Partners.

“For the amount of traffic they have, and the assets they have, they should be able to squeeze some value out of that,” Gillis said, referring to Yahoo. With Mayer at the helm, he said, Yahoo has “finally got somebody who the market believes can do that.”

Gravity Capital Management’s Adam Seessel said that Mayer’s recruitment of various Google Inc employees, including recently hired Yahoo Chief Operating Officer Henrique de Castro, has also helped burnish Yahoo’s image.

“What the market is seeing is not (financial) numbers so much as they’re seeing people voting with their feet, people moving from Google to Yahoo,” said Seessel, whose firm owns Yahoo shares.

“All these people from Google wouldn’t be following her if they didn’t think that she didn’t have some good cards to play,” he said.

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Is Google Going Wireless?

They already sells phones and tablets, provides a wealth of online services and has been laying high-speed fiber to people’s homes. Now Google is apparently  weighing the possibility of a wireless network service as well.

Google has been in talks with satellite TV provider Dish Network over a possible partnership to build out a wireless service that would rival those from carriers such as AT&T and Sprint, the Wall Street Journal reported late last week.

The talks are at an early stage and could amount to nothing, and Google is just one of many companies Dish is talking to, according to the Journal, which cited anonymous sources. But it raises the prospect that Google might expand its business in a new direction.

Dish has been buying spectrum that could support a wireless service, although it still needs regulatory approval to set one up. In an interview with the Journal Thursday, CEO Charlie Ergen said the partners Dish is talking to include companies that don’t currently have a wireless business.

Google declined to comment on the report, the newspaper said.

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Tech CEOs Ready For Tablet Wars

The biggest names in consumer technology, smacked by a string of disappointing quarterly results this month, are gearing up for what appears to be the fiercest holiday battle in years.

Investors and consumers have already largely written off flaccid quarterly numbers from tech behemoths like Microsoft, Apple, Google and Amazon. What counts is the next 60 days, when the biggest names in technology do battle at a near-unprecedented scale and pace.

Just last Thursday, Amazon compared its Kindle Fire with Apple’s new iPad mini, point by point, in its earnings release, an unusual forum to name rivals. Apple CEO Tim Cook compared Microsoft’s Surface tablet to an over-engineered car that can fly and float. And Microsoft went for the iPad, saying its Surface boasted twice its storage.

All three tablets will vie for the shrinking consumer dollar these holidays. By tech standards, it’s getting ugly.

“The tablet space is where the growth is. That’s why they are all fighting over it. PC shipments are down and some tablet buyers may never buy another PC,” said Michael Allenson, strategic consulting director in the Technology and Telecom Research Group at Maritz Research.

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Japan Goes After Online Piracy

Japan will enforce anti-’piracy’ laws that criminalize illegally downloading media files.

The penalties see downloaders running the risk of a two year stay in prison and a fine of up to about $25K, according to a BBC report.

The BBC reports that the enforcement proposal follows a lobbying campaign by the Japanese music industry, adding that the penalties could apply even if someone has downloaded only a single file. The laws were passed two years ago, but so far have not been implemented.

Local rightsholders will be hoping that from now on the criminal penalties will be enforced, and in spades. They are the kind of sanctions that rightsholders dream of and are much stricter than the three-strikes policy in the US.

Anyone caught uploading is also treated more sternly, and could be jailed for as long as ten years.

Japan has a large market for media material, and its government apparently is bowing to protect the interests of rightsholders.

This past Summer the Japanese government ratified the draconian Anti-Counterfeiting Trade Agreement (ACTA), despite it being rejected elsewhere.

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Europe Investigating Google’s Privacy Policy

France’s data protection watchdog is questioning the legality and fairness of Google’s new privacy policy, which it said breached European laws.

The CNIL regulator told Google in a letter dated February 27 it would lead a European-wide investigation of the web search giant’s latest policy and would send it questions by mid-March.

Google said in January it was simplifying its privacy policy, consolidating 60 guidelines into a single one that will apply for all its services, including YouTube, Gmail and its social network Google+.

The U.S. Internet company also said it will pool data it collects on individual users across its services, allowing it to better tailor search results and improve service.

Users cannot opt out of the new policy if they want to continue using Google’s services.

“The CNIL and EU data authorities are deeply concerned about the combination of personal data across services: they have strong doubts about the lawfulness and fairness of such processing, and its compliance with European data protection legislation,” the French regulator wrote to Google.

Google plans to put the changes into effect March 1 and has rebuffed two requests from European regulators for a delay.

The tussle over data privacy comes at a delicate time for Google, whose business model is based on giving away free search, email, and other services while making money by selling user-targeted advertising.

It is already being investigated by the EU’s competition authority and the U.S. Federal Trade Commission over how it ranks search results and whether it favors its own products over rival services.

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Intel Buys RealNetworks Patents

Intel on Thursday said it had agreed to acquire RealNetworks streaming media patents and video codecs in a move aimed at improving the multimedia experience delivered through devices based on its chips.

The chip maker has agreed to purchase video codec software and about 190 patents and 170 patent applications worldwide, for $120 million. RealNetworks is best known for its RealPlayer multimedia software, which offers multimedia streaming based on its own codec.

The purchase will help Intel offer “richer experiences” across a wide spectrum of devices, including through laptops and smartphones, the company said in a statement. A company spokeswoman declined further comment on specific plans for patents and software.

Intel has been beefing up its on-chip multimedia capabilities to handle more realistic graphics as the company develops newer generations of chips. The new laptop chips code-named Ivy Bridge due later this year for ultrabooks will be the first to have integrated support for Microsoft’s DirectX 11. Smartphones and tablets based on Intel’s Atom chip code-named Medfield will be released later this year.

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Samsung Infuse Smartphone Outed

AT&T Wireless and Samsung Mobile jointly announced the thin and lightweight Infuse 4G smartphone during a press conference Thursday in New York.

The phone is 8.99 millimeters (0.35 inches) thick, making it just a fraction thinner than Apple’s iPhone 4, and has a 4.5-inch Super AMOLED display, one of Samsung’s most advanced, stated Jeff Bradley, senior vice president for devices at AT&T Wireless.

The device weighs 4.7 ounces and is powered by a single-core ARM processor running at 1.2GHz. It runs Google’s Android 2.2 OS and will become available in the U.S. on May 15, priced at $199 with a two-year wireless contract. It runs on AT&T’s HSPA+ (Evolved High-Speed Packet Access) network, which AT&T considers a 4G service.

The display shows more pixels than Samsung’s earlier AMOLED smartphone screens offered on the AT&T network, Bradley said. Infuse also includes an 8-megapixel camera with auto-focus and flash.

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