We’ve seen a silly season of speculation as we await a decision on Aereo, but nobody seems to recognize that oral argument told us Aereo is almost certain to survive legal action, regardless of the decision.
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Chief Justice Roberts really wanted to know whether Aereo had any reason other than copyright compliance for its technological design. Does it matter whether they did?
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We review and annotate the Justices’ questions and comment during Aereo oral argument, to see what it tells us about how the Court may be leaning.
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