Appeals court clears the way for the TV-over-the-Web service to continue around New York City. But broadcasters aren't giving up their legal battle against the Barry Diller-backed service and its ambitious expansion plans. July 16, 2013 11:21 AM PDT Aereo has provoked media conglomerates' ire by beaming live, local over-the-air television broadcasts over the Internet. (Credit: John P. Falcone/CNET) In another victory for Aereo, the controversial TV-over-the-Web start-up, a federal appeals court on Tuesday refused to rehear an earlier decision allowing the service to continue in the New York City area. Aereo, which is backed by IAC Chairman Barry Diller, uses antenna/DVR technology to let consumers can watch live, local over-the-air television broadcasts on some Internet-connected devices, including the iPad and iPhone. That capability provoked a lawsuit from TV broadcast giants including NBC, ABC, CBS (the parent of CNET), which allege that the service violates their copyrights and that Aereo must pay them retransmission fees. Today's decision lets stand a ruling in April in which the U.S. Court of Appeals for the Second Circuit denied a preliminary injunction (PDF) from the TV networks preventing Aereo from transmitting recorded broadcast television programs to subscribers. The court then found that the networks, had "not demonstrated that they are likely to prevail on the merits of this claim in their copyright infringement action." Related posts Aereo sued by Boston TV station over copyright Aereo preps big Chicago debut Aereo fires up expansion plan with 19 cities in one fell swoop The networks followed up by requesting the case be reheard before a full panel of judges, but the majority of judges polled said today (PDF) that they didn't want to rehear the case. However, Circuit Judge Denny Chin, joined by Circuit Judge Richard C. Wesley, wrote a dissent opinion calling Aereo a "sham" that was designed to "soley to avoid the reach of the Copyright Act and to take advantage of a perceived loophole in the law." The networks are ostensibly seeking fees from Aereo for allowing its customers to record their programming. Aereo, however, has argued that the customers actually own the antenna, meaning Aereo is not responsible to pay the fee. Amid the legal battle, Aereo has been busy expanding its service beyond New York. The start-up plans to expand to a total of 22 cities during the course of this year, including major cities like Boston, Atlanta, Chicago. But Aereo already faces a lawsuit over its Boston service. Hearst-owned TV station WCV filed a lawsuit late last month aiming to stop Aereo from retransmitting its over-the-air signals without a license. And CBS reportedly has vowed to continue its fight against Aereo and similar services. "This decision comes as no surprise and all industry lawsuits against Aereo and similar services that steal our content are going forward as planned," CBS said in a statement obtained by All Things Digital and others.
Appeals court clears the way for the TV-over-the-Web service to continue around New York City. But broadcasters aren't giving up their legal battle against the Barry Diller-backed service and its ambitious expansion plans.
Aereo has provoked media conglomerates' ire by beaming live, local over-the-air television broadcasts over the Internet.
(Credit: John P. Falcone/CNET)
In another victory for Aereo, the controversial TV-over-the-Web start-up, a federal appeals court on Tuesday refused to rehear an earlier decision allowing the service to continue in the New York City area.
Aereo, which is backed by IAC Chairman Barry Diller, uses antenna/DVR technology to let consumers can watch live, local over-the-air television broadcasts on some Internet-connected devices, including the iPad and iPhone. That capability provoked a lawsuit from TV broadcast giants including NBC, ABC, CBS (the parent of CNET), which allege that the service violates their copyrights and that Aereo must pay them retransmission fees.
Today's decision lets stand a ruling in April in which the U.S. Court of Appeals for the Second Circuit denied a preliminary injunction (PDF) from the TV networks preventing Aereo from transmitting recorded broadcast television programs to subscribers. The court then found that the networks, had "not demonstrated that they are likely to prevail on the merits of this claim in their copyright infringement action."
Related posts
- Aereo sued by Boston TV station over copyright
- Aereo preps big Chicago debut
- Aereo fires up expansion plan with 19 cities in one fell swoop
The networks followed up by requesting the case be reheard before a full panel of judges, but the majority of judges polled said today (PDF) that they didn't want to rehear the case. However, Circuit Judge Denny Chin, joined by Circuit Judge Richard C. Wesley, wrote a dissent opinion calling Aereo a "sham" that was designed to "soley to avoid the reach of the Copyright Act and to take advantage of a perceived loophole in the law."
The networks are ostensibly seeking fees from Aereo for allowing its customers to record their programming. Aereo, however, has argued that the customers actually own the antenna, meaning Aereo is not responsible to pay the fee.
Amid the legal battle, Aereo has been busy expanding its service beyond New York. The start-up plans to expand to a total of 22 cities during the course of this year, including major cities like Boston, Atlanta, Chicago.
But Aereo already faces a lawsuit over its Boston service. Hearst-owned TV station WCV filed a lawsuit late last month aiming to stop Aereo from retransmitting its over-the-air signals without a license. And CBS reportedly has vowed to continue its fight against Aereo and similar services.
"This decision comes as no surprise and all industry lawsuits against Aereo and similar services that steal our content are going forward as planned," CBS said in a statement obtained by All Things Digital and others.
