Well, the problem is that Aereo probably could not have prevailed at SCOTUS, because SCOTUS looks to precedent. In this case, their interpretation of the precedent itself (Copyright Act of 1976) was accurate, even if that precedent is out of date in our eyes. If you want SCOTUS justices to innovate, you need to challenge the precedents at their fundamental level, or else point to other precedents that should invalidate or challenge them.
Bear in mind that the function of the Supreme Court isn't to propose new laws (legislate); it's to rule on existing laws. By its own mandate, the Supreme Court does not serve an innovative function in government. It serves an examination and arbitration function. If we want to change anything here, we'll have to start in the other branches of government, or else bring a case that sufficiently challenges the Copyright Act.
> Well, the problem is that Aereo probably could not have prevailed at SCOTUS, because SCOTUS looks to precedent. In this case, their interpretation of the precedent itself (Copyright Act of 1976) was accurate, even if that precedent is out of date in our eyes.
You are confusing enactments (things like the Constitution and statute law, like the Copyright Act) with precedent (prior rulings of courts applying the same law). These are fundamentally different things, thought the court looks to both
Sorry, was a misnomer on my part. I was using "precedent" in the broad sense, i.e., to mean a preexisting reference point. But you're quite right in that the term has a very specific legal meaning, and I should have been more mindful of that. (IANAL, and I should probably preface a lot more of my legal discussions with that.)
Nevertheless, I think my point still stands. Court needs to find, sort, and prioritize reference points essentially.
Bear in mind that the function of the Supreme Court isn't to propose new laws (legislate); it's to rule on existing laws. By its own mandate, the Supreme Court does not serve an innovative function in government. It serves an examination and arbitration function. If we want to change anything here, we'll have to start in the other branches of government, or else bring a case that sufficiently challenges the Copyright Act.