American Broadcasting Cos., Inc. v. Aereo, Inc., 545 U.S. 913 (2014)

holding that “Aereo publicly performs copyrighted works, in violation of the Copyright Act’s Transmit Clause, when it sells its subscribers a technologically complex service that allows them to watch television programs over the Internet at about the same time as the programs are broadcast over the air.” However, the dissenting opinion argued that turning a secondary liability case into a direct liability case is a mistake and may work serious injury to the general public. Justice Scalia strongly objected to the majority view and noted that “Aereo does not perform at all. The Court manages to reach the opposite conclusion only by disregarding widely accepted rules for service-provider . . . liability and adopting in their place an improvised standard ("looks-like-cable-TV") that will sow confusion for years to come.” See CIS blog post