When copyright rules lead to wasted innovation

Aereo is undoubtedly innovative. But it's a waste of effort nonetheless.

An interesting court ruling came out of America yesterday, as the Second Circuit court of appeals ruled that Aereo, an internet TV company, does not violate copyright by streaming TV programmes to users without the networks' consent. PaidContent's Jeff John Roberts reports:

Aereo captures over-the-air TV signals by means of tiny antennas and streams them to subscribers who watch and record shows on their mobile devices or computer browsers. Aereo’s antennas are not just a marvel of technology (see photos here) — they’re also the key to a legal strategy that helps the company avoid copyright infringement.

The trick that Aereo is using relies on the fact that, under American copyright law, it is legal to "shift" copyrighted material in a number of ways. So you can "time shift" (record it to watch later), "format shift" (rip a CD onto your computer), and "location shift" (use a service like Slingbox to watch your cable TV on the move), and, provided you do it only for your own consumption, no copyright infringement has occurred. Aereo, which has great banks of 5p-coin-sized antennas in a building in Brooklyn, is legally just providing the third of those services; except instead of plugging something in to your cable box at home, it basically moves your entire TV into its building, and broadcasts the whole thing back to you.

There's certainly some impressive technology being used. Aereo gets the antennas so small by only listening in on a tiny section of the TV spectrum with each one, and changing which part that is depending on what the viewer wants to watch. And the company is also using "major advances in transcoding technology and cloud storage" to make it affordable to stream the live TV, and let people pause, rewind, and record what they're watching.

But while it's fun to cheer Aereo's technological advances – and certainly a good thing for the US media economy to actually experience some competition for the first time in a while – they aren't, in themselves, a good thing.

All of this innovation – the tiny antennas, better transcoding technology, and office placed with line-of-sight to the Empire State Building for perfect reception – isn't being focused towards making life better for customers, or even just making money for Aereo. Instead, it's just being used to get around the law.

The government could render all that effort useless overnight by just allowing Aereo to stream signal from one aerial to all its users at once. That would let Aereo offer lower prices, or enable competitors who don't have access to the technology or location to set up too.

It's as though we lived in a world where the Government required all bikes to only have one wheel, and were praising a company which had made the easiest-to-ride unicycle ever. It would be a mean feat of technological innovation; but it would also be a largely pointless one.

An Aereo antenna. Photograph: Aereo

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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The SATs strike: why parents are taking their children out of school to protest against exams

Parents are keeping their children away from school to highlight the dangers of “over testing” young pupils.

My heart is beating fast and I feel sick. I force myself to eat some chocolate because someone said it might help. I take a deep breath and open the door…

The hall is silent except for the occasional cough and the shuffling of chairs. The stench of nervous sweat lingers in the air.

“Turn over your papers, you may begin.”

I look at the clock and I am filled with panic. I feel like I might pass out. I pick up my pen but my palms are so sweaty it is hard to grip it properly. I want to cry. I want to scream, and I really need the toilet.

This was how I felt before every GCSE exam I took. I was 16. This was also how I felt before taking my driving test, aged 22, and my journalism training (NCTJ) exams when I was 24.

Being tested makes most of us feel anxious. After all, we have just one chance to get stuff right. To remember everything we have learned in a short space of time. To recall facts and figures under pressure; to avoid failure.

Even the most academic of adults can find being in an exam situation stressful, so it’s not hard to imagine how a young child about to sit their Year 2 SATs must feel.

Today thousands of parents are keeping their kids off school in protest at these tough new national tests. They are risking fines, prosecution and possible jail time for breach of government rules. By yesterday morning, more than 37,000 people had signed a petition backing the Let Our Kids Be Kids campaign and I was one of them.

I have a daughter in reception class who will be just six years old when she sits her SATs. These little ones are barely out of pull-up pants and now they are expected to take formal exams! What next? Babies taught while they are in the womb? Toddlers sitting spelling tests?

Infants have fragile self-esteem. A blow to their confidence at such an impressionable age can affect them way into adulthood. We need to build them up not tear them down. We need to ensure they enjoy school, not dread it. Anxiety and fear are not conducive to learning. It is like throwing books at their heads as a way of teaching them to read. It will not work. They are not machines. They need to want to learn.

When did we stop treating children like children? Maybe David Cameron would be happier if we just stopped reproducing all together. After all, what use to the economy are these pesky kids with their tiny brains and individual emotional needs? Running around all happy and carefree, selfishly enjoying their childhood without any regard to government statistics or national targets.

Year 2 SATs, along with proposals for a longer school day and calls for baseline reception assessments (thankfully now dropped) are just further proof that the government do not have our children’s best interests at heart. It also shows a distinct lack of common sense. It doesn’t take a PhD in education to comprehend that a child is far more likely to thrive in a calm, supportive and enjoyable environment. Learning should be fun. The value in learning through play seems to be largely underestimated.

The UK already has a far lower school starting age than many other countries, and in my opinion, we are already forcing them into a formal learning environment way too soon.

With mental health illness rates among British children already on the rise, it is about time our kids were put first. The government needs to stop “throwing books at heads” and start listening to teachers and parents about what is best for the children.

Emily-Jane Clark is a freelance journalist, mother-of-two and creator of stolensleep.com, a humorous antithesis to baby advice.