Andrew Bernstein comments on ABC v. Aereo for The Lawyers Weekly

May 16, 2014

American Broadcasting Companies, Inc. v. Aereo, Inc. has garnered substantial attention in the media because of, among other things, its forthcoming outcome’s potential to affect broader media legislation in the future, particularly digital media. Head of Litigation and Dispute Resolution Andrew Bernstein was sought for comment on the case and the approach of the Supreme Court of the United States regarding the range of issues the dispute is bringing to the surface. Below is an excerpt of the article.

The contention has resonated with the high court’s justices, who have expressed concern over the threat a decision against Aereo would pose to other organizations in the cloud-computing industry, noted Andrew Bernstein, a partner with Torys LLP in Toronto. In particular, Justice Sonia Sotomayor has pointed to the implications for Dropbox, a widely used cloud storage system.

If the justices ultimately find in favour of ABC, it is anticipated they will do so carefully. “I expect the Supreme Court will be careful to write a narrow decision confined primarily to its facts,” said Bernstein.

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