"The core issue in this case is whether a consumer can access and control an individual, remotely located antenna and digital videorecorder, owned by a third party, to record and view local, over-the-air broadcast television programming without subjecting the third party to liability for infringing copyright owners' exclusive right to perform works 'publicly,'" Aereo said in its brief. "It is well settled that a consumer can deploy such equipment at home without infringing copyright. The 2nd Circuit [appeals court] here affirmed that consumers also may access and operate the same types of equipment remotely through the Internet without infringing [broadcaster's] exclusive public-performance rights."
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