On Aereo and 'Avoision'

32(4) Copyright Reporter 14, 2014

3 Pages Posted: 23 Apr 2015

See all articles by Rebecca Giblin

Rebecca Giblin

Monash University - Faculty of Law

Jane C. Ginsburg

Columbia University - Law School

Date Written: December 1, 2014

Abstract

Avoision describes conduct which seeks to exploit 'the differences between a law's goals and its self-defined limits' - a phenomenon particularly apparent in tax law. This short paper explains how the technology company Aereo utilised avoision strategies in an attempt to design its way out of liability under US copyright law. The authors argue that existing formulations encourage such strategies by applying differently depending on how the transaction is structured, resulting in a wasteful devotion of resources to hyper-technical compliance with the letter rather than meaning and purpose of the law.

Keywords: aereo, transmit clause, to the public, public performance, anti-regulatory code, volition, copyright, intellectual property

JEL Classification: K00

Suggested Citation

Giblin, Rebecca and Ginsburg, Jane C., On Aereo and 'Avoision' (December 1, 2014). 32(4) Copyright Reporter 14, 2014. Available at SSRN: https://ssrn.com/abstract=2596963

Rebecca Giblin (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Jane C. Ginsburg

Columbia University - Law School ( email )

435 West 116th Street
Rm 710
New York, NY 10027
United States
212-854-3325 (Phone)
212-854-7946 (Fax)

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