On Aereo and 'Avoision'

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