In the brief, Morrison notes there has been precious little judicial interpretation of the Compact Clause, which is believed to reflect the fears of the founders that states could undermine federal power by forming alliances among themselves.
The Court found that, like Aereo, it appears that many cloud-based businesses that allow users to store their own content in the cloud "have relied on Cablevision as an authoritative interpretation of the Transmit Clause" of the Copyright Act.