ABC v. Aereo and the Humble Judge

11 Pages Posted: 3 Apr 2015 Last revised: 6 Apr 2017

Date Written: April 1, 2015


This short essay considers the Supreme Court's recent decision in AEREO v. ABC and was prepared for the NYU Journal of Law and Liberty's Supreme Court review-preview. It suggests the majority was too quick to give up on ordinary tools of legal reasoning and doctrinal analysis, resulting in a decision that creates unnecessary uncertainty.

Keywords: Copyright, intellectual property, IP, AEREO, public performance, transmit, cable, rebroadcast, telecommunications, telecom, cloud, cyberlaw

Suggested Citation

Stern, James, ABC v. Aereo and the Humble Judge (April 1, 2015). 9 NYU J.L. Liberty 81 (2015), William & Mary Law School Research Paper No. 09-300, Available at SSRN:

James Stern (Contact Author)

William & Mary Law School ( email )

613 S. Henry Street
Williamsburg, VA 23185
United States
757-221-1341 (Phone)


Do you have negative results from your research you’d like to share?

Paper statistics

Abstract Views
PlumX Metrics