On Wed, Jun 25, 2014 at 3:00 PM, Doug Fields <d...@flids.net> wrote:

> I would think that that’s the entire purpose of the oral arguments and
> briefs before the Court.  If I were arguing a complicated case, be it a new
> technology or any other sort of esoteric concept, I think it would be in my
> best interests to find somebody who can translate those concepts into terms
> understandable to a group of middle-aged judges, **because** they
> shouldn’t be expected to have the working knowledge to understand the
> subject beforehand.
>

Pouring through the transcript now. Might have to switch to the audio of
the oral arguments (I'm about 20 pages in and want to throw my laptop
across the room), but the transcripts seem to back my perspective. From the
first few minutes of the oral arguments, they've defined a cable company as
a business that receives signals or programs broadcast by television
stations. Justice Breyer compares "phonograph records" in a music store to
a public performance. Then there's this from Justice Kagan, "if Aereo has
the hardware in its warehouse as opposed to Aereo selling the hardware
to the particular end user, that is going to make all the difference in the
world as to whether we have a public performance or not a public
performance," which illustrates that the concept of a nebulous cloud with
non-localized storage is so far above his head it is laughable and sad at
the same time.

Both the military and the IRS have their own courts because the specificity
of their laws require some knowledge to render opinions. I'm simply
suggesting these people, wise as they may be in the law, don't comprehend
the nuance of the technology they ruled against.



-- 
Kevin M. (RPCV)

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