The Electronic Frontier Foundation, Public Knowledge, Engine Advocacy and the Consumer Electronics Association in a separate Friend of the Court brief said TV networks’ position — that Aereo is retransmitting local TV stations — conflicts with a history of court cases and congressional views. Engine Advocacy supports the growth of technology entrepreneurship.
“The question at issue in this case is not whether Aereo will harm the television industry,” says the brief. “Nor is it whether there is commercial value in enabling live TV transmissions. The issue is: Does Aereo's technology make public performances according to the words of the Copyright Act.”