How can DIRECTV NOW even be legal?

See, it seems like it shouldn’t work. And by “it,” I mean pretty much all of it. YouTube, DIRECTVNOW, streaming your DVR to your phone, Hopper with Sling, the whole thing. In the face of what little I know of copyright law, none of it should be legal.

For example, when a company named Aereo tried a few years ago to set up a service where you could watch your local channels on your smartphone, the Supreme Court said they couldn’t do it. A generation ago, when CableVision tried to replace everyone’s DVR with one cloud server, the courts said they couldn’t do it. Every sports telecast says it’s for “private exhibition only” but they can’t stop you from watching it on your phone in a public area. So what gives?

There’s a little piece of this puzzle that makes everything else make sense: it’s called a contract. See, it’s illegal to send copyrighted content over the internet, [i]unless the copyright holder says it’s ok.[/size] See, that’s the real point here. All those court cases that were lost, it was because companies tried to do things that the content providers didn’t want them to do.

After all those cases went against pay-TV companies, they learned something: sometimes you have to ask permission. So AT&T, DISH, and all the others only stream channels when they have the right to do so, in other words when they are paying for the right to do so. So, they have the right to stream to your phone, and when they do, they pay the content provider a little money so it’s all on the up and up.

So what about those “copyrighted telecasts” that “may not be publicly displayed without permission?” Well technically if you are watching a sporting event on your phone where people can see it, you’re breaking the law. The bar and restaurant owners aren’t, because they pay a lot of money for the right to show those broadcasts in public. But while you’re technically breaking the law, this isn’t something that’s likely to blow up in your face. It’s more like taking a grape when you’re at the market. You shouldn’t do it but for now the feds aren’t going to nail you for it.

About the Author

Stuart Sweet
Stuart Sweet is the editor-in-chief of The Solid Signal Blog and a "master plumber" at Signal Group, LLC. He is the author of over 6,000 articles and longform tutorials including many posted here. Reach him by clicking on "Contact the Editor" at the bottom of this page.