A federal court denied Hearst-owned WCVB's attempt at a preliminary injunction just as another court had in New York, but Aereo fails to have the case transferred to a circuit where it already has a favorable ruling. October 10, 2013 7:55 AM PDT Aereo's arrays of tiny antennae let consumers watch live, local television broadcasts online. (Credit: Aereo) Another day, another district, another broadcaster fails to halt Aereo's operations. In U.S. District Court in the district of Massachusetts, Judge Nathaniel M. Gorton denied a motion by Hearst and its Boston broadcast TV station WCVB for a preliminary injunction. "Hearst has not demonstrated a sufficient likelihood of success on the merits nor the requisite irreparable harm," he said in an order dated Tuesday. Hearst was the latest owner of a broadcaster to to sue Aereo, the startup that delivers over-the-air TV programming to Internet-connected devices. Like others, WCVB filed a suit to stop Aereo from retransmitting its over-the-air signals without a license, claiming the service will cause harm to the station and was violating its copyrights. However, Gorton also denied Aereo's motion to move the case to the Second Circuit, which includes New York -- where Aereo launched -- and which has already handed Aereo a favorable decision. Related stories Aereo announces Android app launch on October 22 TV networks will reportedly seek Supreme Court review of Aereo Aereo delays Chicago launch due to 'issues' on testing site A WCVB-TV representative said the station will appeal. "The court was right to keep this case in Boston, the home of WCVB-TV. We will immediately appeal the court's decision that allows Aereo to continue to engage in a commercial business that unlawfully profits by using WCVB's copyrighted broadcasts and shows. We expect to prevail in this case," he said. CNET has contacted Aereo, which has said its response is on its way. CNET will update when it has more. The case, which involved a single ABC affiliate, wasn't the main battlefield where broadcasters have been waging their fight against Aereo, which is backed by IAC Chairman Barry Diller and uses antenna/DVR technology to let consumers watch live, local over-the-air television broadcasts on some Internet-connected devices. Broadcast giants including ABC, CBS (the parent of CNET), Fox and NBC Universal have sued it in New York, alleging last year that the service violates their copyrights and that Aereo must pay them retransmission fees. Aereo has been on the winning side of court battles for the most part. In April, the Second Circuit Court of Appeals denied a preliminary injunction motion from television networks that would have prevented Aereo from transmitting recorded broadcast television programs to its subscribers, similar to the Boston ruling this week. The networks followed up by requesting the case be reheard before a full panel of judges, but the majority decided not to rehear the case. However, a dissenting opinion calling Aereo a "sham." TV networks are said to be preparing an appeal to the Supreme Court.
A federal court denied Hearst-owned WCVB's attempt at a preliminary injunction just as another court had in New York, but Aereo fails to have the case transferred to a circuit where it already has a favorable ruling.
Aereo's arrays of tiny antennae let consumers watch live, local television broadcasts online.
(Credit: Aereo)
Another day, another district, another broadcaster fails to halt Aereo's operations.
In U.S. District Court in the district of Massachusetts, Judge Nathaniel M. Gorton denied a motion by Hearst and its Boston broadcast TV station WCVB for a preliminary injunction. "Hearst has not demonstrated a sufficient likelihood of success on the merits nor the requisite irreparable harm," he said in an order dated Tuesday.
Hearst was the latest owner of a broadcaster to to sue Aereo, the startup that delivers over-the-air TV programming to Internet-connected devices. Like others, WCVB filed a suit to stop Aereo from retransmitting its over-the-air signals without a license, claiming the service will cause harm to the station and was violating its copyrights.
However, Gorton also denied Aereo's motion to move the case to the Second Circuit, which includes New York -- where Aereo launched -- and which has already handed Aereo a favorable decision.
Related stories
- Aereo announces Android app launch on October 22
- TV networks will reportedly seek Supreme Court review of Aereo
- Aereo delays Chicago launch due to 'issues' on testing site
A WCVB-TV representative said the station will appeal.
"The court was right to keep this case in Boston, the home of WCVB-TV. We will immediately appeal the court's decision that allows Aereo to continue to engage in a commercial business that unlawfully profits by using WCVB's copyrighted broadcasts and shows. We expect to prevail in this case," he said.
CNET has contacted Aereo, which has said its response is on its way. CNET will update when it has more.
The case, which involved a single ABC affiliate, wasn't the main battlefield where broadcasters have been waging their fight against Aereo, which is backed by IAC Chairman Barry Diller and uses antenna/DVR technology to let consumers watch live, local over-the-air television broadcasts on some Internet-connected devices. Broadcast giants including ABC, CBS (the parent of CNET), Fox and NBC Universal have sued it in New York, alleging last year that the service violates their copyrights and that Aereo must pay them retransmission fees.
Aereo has been on the winning side of court battles for the most part. In April, the Second Circuit Court of Appeals denied a preliminary injunction motion from television networks that would have prevented Aereo from transmitting recorded broadcast television programs to its subscribers, similar to the Boston ruling this week.
The networks followed up by requesting the case be reheard before a full panel of judges, but the majority decided not to rehear the case. However, a dissenting opinion calling Aereo a "sham."
TV networks are said to be preparing an appeal to the Supreme Court.
