UPDATE, 10:38 AM: Unsurprisingly, Aereo is not happy with the denial today of its attempt to overturn the six-state injunction against the Barry Diller-backed service. “We are disappointed in the 10th Circuit Court of Appeals 2:1 decision denying our request to stay the injunction in the 10th Circuit,” said spokesperson Virginia Lam Abrams today after the court’s order became public. “We believe that Aereo’s individual, cloud-based antenna and DVR technology falls squarely within the law and we look forward to presenting our case to the U.S. Supreme Court.”
PREVIOUS, 9:44 AM: If you felt that the Aereo legal roller coaster went fast before, welcome to Utah. Just over a week after getting a 14-day reprieve from the 6-state injunction it had been slapped with on February 19, the Barry Diller-backed streaming service today took a hit from the 10th Circuit Court of Appeals. A panel of judges on the federal court denied Aereo’s emergency motion to stay the injunction.
“Aereo has not made a strong showing that it is likely to succeed on the merits of its appeal,”said two of the judges in the 2-page order (read it here) today. “Nor has Aereo demonstrated that the other factors weigh in its favor. We therefore deny Aereo’s emergency motion to stay the preliminary injunction pending appeal, .While Judge Harris Hartz says he would have granted the motion, his colleagues’ order means that Aereo’s services are going dark soon in Utah, New Mexico, Colorado, Oklahoma, Wyoming and Montana. Still while Judge Dale Kimball’s February’s ruling covers the entire region of his jurisdiction, Aereo actually only operates in the Denver and Salt Lake City areas at present. Aereo is appealing Kimball’s ruling and wanted the injunction lifted during that process. The Utah suit against Aereo was filed in October. Today’s order comes less than two months before Aereo and the broadcasters face off at the Supreme Court on April 22. The results of those oral arguments could point the way that this multi-jurisdiction legal battle is going to finally go but right now the 10th Circuit decision is a big black eye for Aereo.