The differences in the concurring frameworks exists within the interpretations of what constitutes “publicly performing.”
Dissenting from the opinion of the court was Judge Scalia, joined by Judge Alito and Judge Thomas. The main argument of the dissenters stems from determining who exactly is guilty of ‘performing.’ The metaphor of the function of a copy shop was used to express the dissenting opinion in layman’s terms. The copy shop rents out its photocopiers to its customers. Whether or not their customers print something a famous artist has produced, obviously constituting an infringement on copyright laws, is not under the copy shop’s definition of ‘performing.’
In my opinion, the integral aspect of this case causing the most disagreements is within the interpretation of Aereo’s services. I think that it is fairly obvious that Aereo was created in anticipation of facing grief from outside companies, so the company was structured in a way that could successfully avoid being victim of a lawsuit. The concept of creating unique transmissions for every single transmission should be established as one that does not infringe on any