On Aereo and Avoision

Rebecca Kate Giblin, Jane C. Ginsburg

Research output: Contribution to journalLetterOther

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.
Original languageEnglish
Pages (from-to)14
JournalCopyright Reporter
Volume32
Issue number4
Publication statusPublished - 2014

Keywords

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

Cite this

Giblin, R. K., & Ginsburg, J. C. (2014). On Aereo and Avoision. Copyright Reporter, 32(4), 14.
Giblin, Rebecca Kate ; Ginsburg, Jane C. / On Aereo and Avoision. In: Copyright Reporter. 2014 ; Vol. 32, No. 4. pp. 14.
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Giblin, RK & Ginsburg, JC 2014, 'On Aereo and Avoision', Copyright Reporter, vol. 32, no. 4, pp. 14.

On Aereo and Avoision. / Giblin, Rebecca Kate; Ginsburg, Jane C.

In: Copyright Reporter, Vol. 32, No. 4, 2014, p. 14.

Research output: Contribution to journalLetterOther

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AB - 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.

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Giblin RK, Ginsburg JC. On Aereo and Avoision. Copyright Reporter. 2014;32(4):14.