Scalia Confused By HBO, Sotomayor Baffled By The Cloud, Roberts Still Wondering About Pagers
“In the end, the Supreme Court’s ideal frame of reference was the phonograph,” Brian Fung writes for the Washington Post.
“In struggling to find the right conceptual analogy for the two-year-old start-up Aereo, our nation’s top judicial officials also considered the difference between a car dealership and a valet parking service. But the fact that their first instinct was to turn to an invention created 137 years ago speaks gigabytes for how well the justices approach the day’s most important technology cases.
“It’s easy to poke fun at the bench. Justice Sonia Sotomayor kept referring to cloud services alternately as ‘the Dropbox,’ ‘the iDrop,’ and ‘the iCloud.’ Chief Justice John Roberts apparently struggled to understand that Aereo keeps separate, individual copies of TV shows that its customers record themselves, not one master copy that all of its subscribers have access to. Justice Stephen Breyer said he was concerned about a cloud company storing ‘vast amounts of music’ online that then gets streamed to a million people at a time – seemingly unaware of the existence of services like Spotify or Google Play. And Justice Antonin Scalia momentarily forgot that HBO doesn’t travel over the airwaves like broadcast TV.
“This is hardly the first time the court has seemed to betray a poor grasp of technology. Earlier this year, Justice Anthony Kennedy flatly assumed that many computer programs could be written by a college kid in a coffee shop over a single weekend. No one corrected him. And it’s been only four years since Scalia asked the room whether you could print out text messages.”
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Posted on April 24, 2014