TIME Technology & Media

Time Warner Cable Outage Raises Questions About Comcast Merger

National Cable and Telecommunications Association Cable Show
The Time Warner Cable Inc. logo is seen on the exhibit floor during the National Cable and Telecommunications Association (NCTA) Cable Show in Washington, D.C., U.S., on Tuesday, June 11, 2013. Bloomberg—Bloomberg via Getty Images

It's a redundancy issue

Updated 1:05 p.m.

Thousands of Time Warner Cable customers woke up Wednesday morning, took a shower, poured their morning coffee, opened up their computers, and… nothing.

A massive outage that TWC later said was the result of an infrastructure problem triggered during routine maintenance affected subscribers from the East Coast to Los Angeles, as shown by a map in which wide swaths of the country glowed a bright, troublesome red—a color that probably matched the faces of customers who tried calling customer service hotlines only to be met with a busy signal.

Thankfully for TWC customers, the outage struck in the wee hours of the morning, when big maintenance projects are typically undertaken exactly because there’s a lighter load and fewer folks who stand to be affected if something goes wrong. The issue was also fixed relatively quickly, considering the number of people it touched. But Wednesday’s glitch could cause headaches later on for TWC—and even more so for Comcast, the cable and content behemoth that’s looking to merge with TWC in a landmark deal that, if allowed, would create the single largest Internet provider in the country.

Comcast can’t go right ahead and buy Time Warner Cable like you can buy a magazine at a newsstand. A deal this big—worth about $45 billion—and one raising significant antitrust and public interest concerns needs to get the government’s go-ahead before it can be completed. Two federal agencies have the power to put the kibosh on the whole shebang: the Department of Justice, which will evaluate antitrust issues, and the Federal Communications Commission, which could block the merger on broadly-defined public interest grounds.

In preliminary hearings and statements about their proposed merger, Comcast and Time Warner Cable have argued the deal should go ahead as proposed because it wouldn’t significantly change the cable industry’s competitive makeup: Comcast and TWC, the companies accurately say, don’t currently compete in specific geographic territories, so individual customers won’t really be losing an option for getting cable (or fiber) to their home.

But as the anti-merger crowd says, a merged Comcast-TWC would have unprecedented size and scale both in content delivery and creation, especially when considering its recent purchase of NBCUniversal. That size and vertical integration, anti-merger advocates say, would mean Comcast could really turn the screws on the few cable or fiber companies with which it would compete in various regions, like Verizon, Charter and Cablevision. If a post-merger Comcast chose to engage in anti-competitive practices or if its regional rivals just couldn’t keep up, those advocates say, it will eventually be the consumers who lose out.

However, Wednesday’s outage brings up a point that hasn’t been talked about much in this debate: Physical infrastructure redundancy.

If TWC’s Internet infrastructure—the routers, switches and other physical stuff which help get Internet traffic into and out of your home—is added to Comcast’s, that would result in a pretty giant network. Therein lies a potential redundancy issue: If millions of post-merger subscribers are on the Comcast network and a catastrophic failure like Wednesday’s happens, millions more people would potentially be affected than would otherwise be the case. And in a post-merger world, those customers could wind up with fewer options for leaving Comcast if they got fed up with network issues, putting less competitive pressure on the company to address any network issues that arise.

Comcast’s network engineers are undoubtedly already thinking about this, but as the debate over the Comcast-TWC merger continues to heat up, expect this map to show up again — and sure enough, New York Governor Andrew Cuomo said Wednesday afternoon he’s ordered an investigation of the Time Warner Cable outage as part of a merger review.

“Dependable Internet service is a vital link in our daily lives and telecommunications companies have a responsibility to deliver reliable service to their customers,” Cuomo said.

TIME apps

Here’s How to Embed Your Hyperlapse Videos on Twitter

It's a YouTube-based workaround

Instagram’s new app Hyperlapse is pretty nifty for creating silky-smooth timelapse videos with your iPhone. Sharing your favorite Hyperlapse videos on Instagram and Facebook is super-easy right from the app, but what if you want to tweet them as an embedded video? That’s a bit harder, as Instagram disabled Twitter embeds back in 2012—not long after Facebook bought Instagram in a $1-billion deal.

But embedding Hyperlapse videos in your tweets is possible, with this workaround.

After you’ve made your Hyperlapse video, it’s automatically saved to your iPhone’s Camera Roll as a normal .MOV file. To get that bad boy on Twitter as an embedded video, simply upload the .MOV to YouTube (preferably over Wi-Fi, as big .MOV files can really eat into your data plan). You can do this either automatically through your iPhone, if it’s linked to your YouTube account, or by emailing the .MOV file to yourself and uploading it on your desktop.

Once your Hyperlapse is up on YouTube, simply tweet out the YouTube link and your video will appear embedded in the tweet:

Done and done.

TIME fashion

In Defense of That J-Crew Gingham Shirt

Op-ed gingham style

Updated 12:05 p.m. ET

Listen up, folks: That blue checkered J-Crew gingham style shirt everyone’s making fun of today? Stop it. That shirt is wonderful.

The frock-mockery started with an Instagram account that’s posting images of various men (and women, and even babies) wearing the very same J-Crew shirt. There’s often something on Instagram or Tumblr that people are making fun of, from men who sit with their legs too wide on the subway to guys who hate shopping. This new one’s admittedly pretty funny on first glance: Hey, look at all these dudes wearing the same shirt!

Here’s the thing: yeah, that shirt’s popular. And yeah, I own one! But there’s a good reason for that: It’s a pretty classic American shirt great for all occasions, it almost never goes out of style and it’s super easy to pull out of my closet and match with a whole bunch of different pants and shoes so I look decent with minimal effort, which is really the apex of men’s fashion for me and probably lots of other dudes (It’s all about efficiency.)

So the shirt is fine, folks.

But fashion issues aside, there’s another problem with this Instagram page — it’s totally a form of cyberbullying. It seems like whoever’s running the account is either taking creepshots of men wearing a gingham shirt while unaware their photo is being taken or grabbing such images from elsewhere on Instagram or the wider web. Either way, this isn’t cool — because while it may be all in good fun to whoever’s running the account, the page isn’t laughing with the men rocking the gingham shirts, it’s laughing at them. And nobody, whether man, woman or adorable tiny baby, deserves to be Insta-shamed about their wardrobe.

Update: Taylor Lorenz over at the Daily Mail interviewed the creator of the Instagram account, who seems to be doing it less as an insult and more of a tribute to this fine piece of apparel. Carry on, good sir!

TIME Television

Everything You Should Know About Doctor Who Before the New Season Starts

Doctor Who Series 8
Peter Capaldi as The Doctor and Jenna Coleman as Clara BBC

A handy guide for Who-newbies

British sci-fi favorite Doctor Who returns to TV Saturday, airing at 8 p.m. ET on BBC America. This new season, the show’s eighth, also comes with a new leading man: Peter Capaldi, who’s playing the thirteenth Doctor.

A new Doctor means it’s a great time for newbies to check out what the Doctor Who hubbub is all about — but before you say Allons-Y, Alonso, here’s everything you need to know about the show.

What is Doctor Who?

Doctor Who is a British show about a time-traveling, universe-exploring, world-saving alien called The Doctor. It first aired in 1963 through 1989, then it was rebooted in 2005 (there was also a made-for-TV movie in-between, but fans try not to talk about that). The ’05 reboot was pretty campy stuff at first, but the show’s production values have skyrocketed as it’s gotten more popular in the UK and, increasingly, stateside. Whether that means the show’s better, though, is the subject of many an excessively nerdy argument.

Who is this Doctor fellow, anyway?

He’s a Time Lord, a race of time-traveling aliens from the planet Gallifrey who were, once upon a time, galactic overseers — until they were driven mad by war. Time Lords look human enough, but they’ve got two hearts and can “regenerate” when they die.

Doctor Who writers get a new actor to play the Doctor by killing off the previous one and having him “regenerate.” That, in the show’s parlance, turns him into a mostly-new character who keeps the prior Doctors’ memories and some basic characteristics, but gets a new body, face, voice, mannerisms and motivation.

Thanks to regeneration, Peter Capaldi’s Doctor is the thirteenth of the lot. There was originally a rule about Time Lords only getting 12 versions of themselves, but then something, well, timey-wimey happened, and voila! (“Timey-wimey” is the twelfth Doctor’s explanation for any weird time-travel stuff that’s hard to explain to us humans. It’s also a nifty device for lazy writers!)

Anyway, the Doctor is kind of the last of the Time Lords (again, timey-wimey). He’s long taken a liking to Earth and mankind, and he’s sworn to protect humanity from a whole host of intergalactic threats — and mankind itself. He’s a pretty complex emotional figure, varying between righteous, loving and heroic to elf-doubting, regretful, defensive and downright hostile, depending on whatever’s happening at the moment. He could probably use an intergalactic therapist, honestly.

What’s the Doctor’s real name, though? Only his wife knows that. And, well . . . spoilers, sweetie.

I heard something about a blue police box.

That would be the Doctor’s ship and time machine, the TARDIS, short for Time and Relative Dimension in Space. It’s stuck looking like an old-school blue British police box because of a faulty chameleon circuit, which is supposed to help the ship blend in with its environment wherever the Doctor lands in space and time.

The TARDIS gets an internal makeover with every new Doctor. The ship, which the first Doctor stole from the other Time Lords, is also semi-sentient — in what’s among the best modern Who episodes (written by sci-fi master Neil Gaiman), the TARDIS possesses a humanoid body and “meets” the Doctor for the first time.

Oh, and the TARDIS is bigger on the inside.

And a screwdriver?

Ah, the Sonic Screwdriver. Every Doctor’s got a different one. They’re not quite a weapon; they’re more of a tool. They make a cool noise, trigger electronics, and sometimes save lives.

Who are the Doctor’s enemies?

That’s a mighty long list. The baddest of the bad are Daleks, genetically-modified organisms that live inside trashcan-looking killbots of death and want to exterminate all other forms of life. There’s also the Cybermen, cyborgs who assimilate living beings (think Star Trek’s Borg); the Weeping Angels, super-fast beings who want to suck the time energy out of you but who turn into unmoving stone when you look at them (important safety tip: don’t blink), and other Time Lords, like The Master, who’s more or less flat-out insane.

But basically, The Doctor foils so many a bad guy’s plan that he’s got lots and lots of enemies out there.

Sounds rough. Has he got any friends?

Oh, yes.

The Doctor almost always has one or two “companions,” friends or sometimes love interests that spend several episodes (or entire seasons) traveling through all of space and time with him. The most recent Doctor Who incarnation often features season-long subplots revolving around these companions that are often made apparent well after the companions were first introduced. Sometimes the show will even introduce a character who seems like he or she will be a one-off, only to bring them back as a full-blown companion later on: That happened with The Doctor’s current pal, Clara Oswald — a.k.a. Souffle Girl. (It’s hard to explain.)

Where did the show leave off?

The 50th anniversary special gave us a new, previously unknown warrior-like incarnation of The Doctor, as well as plenty of new backstory about the character’s past. It was really good — but then the end of the last Doctor’s reign (played by Matt Smith) a few episodes later fell short, leaving unanswered lots of questions about The Doctor’s fate, purpose and mission. A new season with a new Doctor means the writers get a chance to move things along, hopefully making Saturday’s episode a great opportunity for new fans to jump in.

TIME Security

Snowden Claims NSA Knocked All of Syria’s Internet Offline

Wired Snowden
Edward Snowden on the cover of Wired magazine. Platon/WIRED

Former NSA contractor also says the U.S. was working on an automated cyberattack response system in WIRED interview

National Security Agency leaker Edward Snowden has claimed a team of NSA hackers was responsible for effectively knocking the entire country of Syria offline two years ago during a period of intense fighting in its still-ongoing civil war.

Snowden’s claim is significant because many observers believed one of several other parties to be responsible for the outage, including Syrian President Bashar Assad’s government, hackers aligned with but perhaps not a part of Assad’s government, or Israel.

Snowden’s story, as revealed in an interview with Snowden published Wednesday in WIRED, goes like this: The NSA team essentially tried to get access to a primary component of Syria’s main Internet Service Provider. Syria only has one big ISP, making it a particularly inviting target for electronic snooping; setting up that backdoor would have given the U.S. unparalleled access to nearly all digital communications within Syria, a major intelligence advantage.

But the plan backfired as the NSA team accidentally fried the very equipment it was trying to tap. The hardware was so vital to Syria’s Internet infrastructure that its loss essentially plunged the country into digital darkness — ironic, because other parts of the U.S. government were trying to keep Syria connected. Writer James Bamford describes Snowden’s claim:

“One day an intelligence officer told him that TAO—a division of NSA hackers—had attempted in 2012 to remotely install an exploit in one of the core routers at a major Internet service provider in Syria, which was in the midst of a prolonged civil war. This would have given the NSA access to email and other Internet traffic from much of the country. But something went wrong, and the router was bricked instead—rendered totally inoperable. The failure of this router caused Syria to suddenly lose all connection to the Internet—although the public didn’t know that the U.S. government was responsible.”

WIRED‘s Snowden story has another cybersecurity scoop: The former NSA contractor claims for the first time that the U.S. government was (or still is) working on a cybersecurity response program that automatically detects and blocks incoming cyberattacks. However, the program — dubbed “MonsterMind” — isn’t just defensive: Once it blocks an attack, it then automatically carries out a counter-attack against what it thinks was the source, Snowden says.

That could be an issue, says Snowden, as good hackers can — and typically do — make their online attacks look like they’re coming from somewhere else. “You could have someone sitting in China, for example, making it appear that one of these attacks is originating in Russia. And then we end up shooting back at a Russian hospital,” he explains.

The NSA did not comment to WIRED on Snowden’s claims about Syria’s Internet outage or MonsterMind, but it’s possible that MonsterMind or programs like it would be designed to circumvent such spoofing by detecting a rerouted address and either standing down or switching targets.

[WIRED]

TIME Video Games

You Can Drive Mercedes Cars in Mario Kart Soon

Mario Kart 8 Mercedes
Mario Kart 8 Nintendo

Luigi isn't any happier to be behind the wheel of a Roadster, though

Mario Kart 8 players who also happen to be fans of fine German engineering are in for a treat: Starting Aug. 27, three Mercedes whips — the GLA, the ’50s-era 300 SL Roadster and the ’30s-era Silver Arrow — will be available as part of an update for the Nintendo Wii U title. Traditionally, Mario Kart vehicles range from go-kartesque options to more outlandish choices, like gliders.

The Mercs come alongside other new Mario Kart features meant to celebrate the twenty-second anniversary of the first Kart title, Super Mario Kart for the SNES, back in 1992 — and as an extra bonus, that original game’s now available for download on the Nintendo eShop on Wii U.

TIME movies

Yes, Guardians of the Galaxy Has an After-Credits Scene

Marvel's Guardians Of The GalaxyL to R: Gamora (Zoe Saldana), Rocket Racoon (voiced by Bradley Cooper), Peter Quill/Star-Lord (Chris Pratt), Groot (voiced by Vin Diesel) and Drax the Destroyer (Dave Bautista)Ph: Film Frame©Marvel 2014
Marvel

Stick around after the credits roll

Going to see Marvel’s Guardians of the Galaxy, starring Chris Pratt and Zoe Saldana this weekend? Then be sure to stick around for the after-credits scene, which the film indeed has.

There was some talk earlier this week that Guardians skipped that oh-so-well-known of Marvel Studios traditions, but those rumors only came about because the post-credits scene wasn’t included in most pre-screenings of the film. Despite those early rumors, a leaked video that’s zipping around the web (we won’t link to it here) is all but proof that you should stick around after the credits roll.

Want to know more about Guardians of the Galaxy before heading to theaters? Here’s 10 things you should know, and be sure to read TIME’s review by Richard Corliss.

SEMI-SPOILER BELOW…

That Guardians has a post-credits scene makes plenty of sense. Thanos, a perennial Big Bad in the Marvel Universe, was first introduced to moviegoers in a brief post-credits scene for 2012’s The Avengers. Thanos plays a pretty major role in Guardians of the Galaxy, including his first lines of any real substance. It’s clear by the end of the movie that while they may be lesser-known, the fate of the Guardians characters do and will continue to intertwine with that of the more recognizable Avengers.

TIME policy

Unlocking Your Cellphone Is About to Be Legal Again

Internet Addiction
Artur Debat—Moment Editorial/Getty Images

A 2012 Copyright Office decision effectively outlawed the practice, which allows consumers to switch carriers without buying a new device, without carriers' approval

President Barack Obama is set to sign into law a bill that will make it easier for you to switch mobile carriers without buying a new phone.

The bill, dubbed the “Unlocking Consumer Choice and Wireless Competition Act,” makes it legal for Americans to unlock their cellphones without carriers’ permission. Unlocking a phone frees it for use with a wireless carrier other than the one on which it was initially sold. For example, if you bought your cellphone from AT&T, unlocking it could make it usable on T-Mobile.

“The bill Congress passed today is another step toward giving ordinary Americans more flexibility and choice, so that they can find a cell phone carrier that meets their needs and their budget,” said Obama in a Friday statement. “I commend Chairmen Leahy and Goodlatte, and Ranking Members Grassley and Conyers for their leadership on this important consumer issue and look forward to signing this bill into law.”

Congress’ final bill was first passed by the Senate earlier this month. After deliberation over some controversial language, the House agreed to pass the Senate’s version of the bill on Friday.

The unlocking bill came about after a 2012 decision by the U.S. Copyright Office effectively outlawed unlocking without carriers’ permission. That move sparked outrage among consumer watchdog groups, who argued the move reduced consumer choice. More than 114,000 people also signed an online White House petition against the move.

“It took 19 months of activism and advocacy, but we’re finally very close to consumers regaining the right to unlock the phones they’ve legally bought,” said Sina Khanifar, who wrote the original White House petition on the issue, in a Friday statement. “I’m looking forward to seeing this bill finally become law – it’s been a long road against powerful, entrenched interests – but it’s great to see citizen advocacy work.”

TIME

Here’s Why a Female Thor Makes Total Sense

Thor concept art on July 15, 2014. Marvel Comics

Thor's power derives from his (or her!) hammer

The mighty Thor, that symbol of masculinity, aggression, violence and war, is going to be a woman. And it makes total sense.

Marvel announced the upcoming female incarnation of the character on The View Tuesday morning. The reaction was swift and, in many cases, far too negative. “I love women who kick add but Thor’s a dude,” [sic] wrote one Twitter user. “Marvel comics being stupid,” announced another. And then there’s this, from a Marvel editor:

Here’s the deal: Marvel Comics has long borrowed Norse mythology for many of its beloved characters and plots. That’s free intellectual property, after all. But the comics are only inspired by Norse mythology, and they’ve almost never followed the stories line-for-line (and even if they did, mythology suffers from a massive case of The Telephone Game, with lots of different tellings evolving over the years).

Thor, in the Marvel Universe, isn’t just a character: He’s also an intangible idea. And Thor’s power, which most notably includes the ability to summon up lightning to layeth the smacketh-downeth upon his foes, isn’t really embedded inside him, per se. It’s in his hammer, Mjolnir — to mix comic book universe metaphors, he’s more like Green Lantern, who derives his power from a ring that’s charged by a lantern that’s charged by a planet.

That wasn’t always the case. Thor’s power used to be embedded in Thor directly. But when Thor’s father, Odin (also the king of Thor’s realm, Asgard), wanted to punish Thor for violating his direct commands, Odin stripped Thor of his powers and enshrined them instead in Mjolnir. Here’s the spell Odin put on the hammer to do so:

Whosoever holds this hammer, if he be worthy, shall possess the power of Thor.

Translation: To get Thor’s power, you have to be deemed worthy of it by successfully picking up the hammer. In most Marvel Thor origin stories, eventually Thor redeems himself, reclaims his hammer (without first knowing why he couldn’t pick it up any longer) and then becomes the “real” Thor again, ready to return to his lightning-summoning, hammer-slinging self.

But Thor isn’t the only person who’s lifted the hammer: Captain America, the Hulk (eventually!) and Superman (crossover!) were deemed worthy and got Thor’s power. Who does the deeming is something of a mystery, but I’ve long thought that Mjolnir itself is sentient and the hammer itself decides who’s worthy of it.

And there’s the rub: What will probably happen in the Marvel comic book that introduces the new female Thor is that the male Thor we’ve all known for decades will either bite the bullet or do something to piss off the hammer. Either option would mean Thor couldn’t be Thor any longer, and some female character will come along — whether Asgardian or otherwise — try to pick up the hammer, succeed, and effectively become a female Thor. That Odin’s spell specifically says “he” doesn’t really matter: Storm and Wonder Woman (another crossover!) have both been deemed worthy, signaling Mjolnir has perhaps developed a less strict constructionist ideology about itself than Odin ever had.

Of course, a female Thor won’t really address another problem facing the comic book world: The lack of original, well-advertised female superheroes, particularly at the movies. None of the upcoming DC or Marvel films, for example, feature a woman — no Wonder Woman from DC, no Black Widow flick from Marvel. The best we’ve gotten so far are Elektra and Catwoman, both total flops. Both companies will need more than a female version of a top character to fix that issue.

TIME Companies

Here’s How Aereo Thinks It Can Bring Itself Back From the Dead

Aereo Antenna
Aereo CEO Chet Kanojia holds one of the company's small antenna. Boston Globe—Boston Globe via Getty Images

Aereo is arguing that it's a cable company in a hail-mary play for legal and business salvation

Is television streaming service Aereo actually “over,” as its top investor, Barry Diller, put it after a seemingly devastating blow at the Supreme Court last month? Maybe not. The company has embraced a new legal argument it hopes can help it stave extinction.

In a letter to a lower court judge Aereo is, for the first time, arguing that it’s a cable company. Neither Aereo nor the broadcasters made that claim before the Supreme Court. Aereo is only bringing it up now because the company’s lawyers have spotted a window, however small, opened by the decision that most regarded as a death knell for the company.

While the Supreme Court never directly said that Aereo is a cable company, it came close to doing so, finding that Aereo “is for all practical purposes a traditional cable system.” Aereo is essentially saying “that’s good enough for us.” But the New York City-based company is making that argument very selectively, taking advantage of two laws’ differing definitions of what exactly a cable company is.

While telecommunications fall under the purview of the Telecommunications Act of 1996, copyright issues are governed by the Copyright Act of 1976. Importantly, both laws have definitions for what constitutes a cable company — but they’re different definitions, and the Copyright Act’s is more broad. Another vital point: the Copyright Act grants cable companies, as it defines them, with so-called “compulsory licenses” to retransmit broadcast television content.

In Aereo’s letter to the lower court judge, it’s only arguing that it’s a cable company in terms of the Copyright Act, and thus “entitled to a compulsory license.” Getting such a license would also neatly address the broadcasters’ initial suit that resulted in the Supreme Court decision. If Aereo receives a compulsory license under the Copyright Act, it would no longer be infringing upon the broadcasters’ copyrights, as the Supreme Court found that it was. “[Aereo is] just trying to get around at least the copyright infringement claim being brought in this lawsuit by saying, ‘Okay, we’re going to apply for a compulsory license,'” says Bruce Boyden, Assistant Professor of Law at Marquette University Law School.

But Aereo’s letter has another key feature: It makes no mention of the Telecommunications Act whatsoever. That means Aereo’s performing a potentially brilliant bit of legal ju-jitsu by trying to take advantage of the two laws’ different definitions of a cable company. It wants to be seen as a cable company to the Copyright Act to get access to the compulsory licenses, but not as one to the Telecommunications Act, which would bring about FCC regulation and require it to pay retransmission fees to broadcasters. When asked if this is indeed Aereo’s new strategy, a spokesperson for the company told TIME simply to “refer to Wednesday’s filing,” which “should answer [the] question.”

Crucially, the Copyright Act’s compulsory licenses would in all likelihood be cheaper than the Telecommunication Act’s fees, meaning that if this all works, Aereo might just survive economically as well as legally.

“It depends on the number of subscribers they have … but I think it’s fair to say [compulsory licenses cost] less than what you’d pay for retransmission consent,” says John Bergmayer, a senior staff attorney at Public Knowledge, an intellectual property advocacy group.

Aereo’s new strategy “could come out any number of ways,” says Bergmayer, who added that any judge involved will have to carefully navigate the murky waters between the Telecommunications Act and the Copyright Act’s differing definitions. But Aereo is facing long odds: While it insists the Supreme Court called it a cable company, the Court’s decision failed to specifically “hold that [Aereo is] a cable system under [the Copyright Act],” Boyden says, meaning a judge might not accept Aereo’s argument.

On top of that, the Second Circuit actually faced a similar case several years ago, eventually deciding that a similar streaming company, ivi, didn’t qualify for the Copyright Act’s licenses—a decision the Supreme Court let stand. Aereo is a slightly different case—ivi streamed to all customers regardless of their geographic location, while Aereo took pains to limit streaming to spots where people could already receive broadcasters’ over-the-air transmissions for free. Aereo actually says the Supreme Court decision against it overturned the lower court’s ivi decision, but, as Boyden argues, “there’s nothing directly in the Aereo Supreme Court decision saying [ivi] is reversed, so I think the district court judge will be bound by ivi to say (to Aereo), ‘no, you don’t qualify.'”

Still, there’s nothing like a company performing a last-minute legal hail-mary pass to try and stay alive. Or, as Boyden put it in a football analogy of a different flavor: “[Aereo] is in stoppage time, they’re one goal down, they need a goal to tie.”

Your browser, Internet Explorer 8 or below, is out of date. It has known security flaws and may not display all features of this and other websites.

Learn how to update your browser
Follow

Get every new post delivered to your Inbox.

Join 46,447 other followers