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Abstract

The advent of the Internet has had a great effect on the production, distribution, and consumption of television programming. The Supreme Court granted certiorari to ABC, Inc. v. Aereo, Inc. and will now review the issue of unlicensed digital distribution of copyrighted programming in its Spring 2014 term. This Comment will first briefly examine the origins and interconnection between television and digital media, culminating in a discussion of the repercussions of allowing unlicensed over-the-top retransmissions of network broadcast programming to continue to stream over the Internet. It will then examine the decisions in WPIX v. IVI, Inc., ABC, Inc. v. Aereo, Inc., and WNET, Thirteen v. Aereo, Inc.—cases recently decided in the Second Circuit. Each involves the topic of Internet retransmissions of copyrighted programming, but they all result in varying outcomes. Finally, this Comment will examine possible solutions to both maintain the integrity of the copyright holder’s right to control distribution and adapt to the consumer demand for Internet consumption.

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