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“There’s been a lot of rhetoric on both sides about the implications of what the court may decide. Of course, often the court decides in a way that is not wholly in favor of one side or another, so it’s difficult to know what the ultimate implications will be,” Rubin said. “But the fundamental question comes down to is control -- whether broadcasters or consumers have the right to determine how consumers receive their programming.”
Broadcasters want to collect retransmission fees from cable companies for over-the-air content. Aereo is competition on that front. There are alternatives to Aereo that haven’t put broadcasters up in arms. One of them is called Simple TV. The difference may be significant from a legal standpoint in that Simple TV is a device that’s actually in your home.
“Simple TV can also deliver over-the-air content to tablets and smartphones and it can also record shows, just like Aereo,” Rubin said. “But instead of being in the cloud it’s in your home. It’s a bit more like Slingbox so you are just sending it to yourself on your own devices.”