Hasta La Creative!

It was difficult to tell which side the Supreme Court favored after oral arguments on Tuesday in TV broadcasters’ appeal to shut down Aereo, but the justices were clearly apprehensive about the implications a decision could have on cloud computing.

Chief Justice John Roberts expressed concerns that Aereo’s technology, which lets subscribers stream and record broadcast TV using dedicated individual antennas at the company’s facilities, was designed simply to get around copyright laws. But there was no obvious real hostility to either side, said Andy Baum, a partner at Foley & Ladner who specializes in trademark law, copyright, advertising, intellectual property and technology.

“All I’m trying to get at, and I’m not saying it’s outcome-determinative or necessarily bad, I’m just saying your technological model is based solely on circumventing legal prohibitions that you don’t want to comply with, which is fine,” Justice Roberts said.

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