UPDATE, 6:56 PM: Aereo CEO and Founder Chet Kanojia is taking a victory lap following today’s court decision. He says it “shows that when you are on the right side of the law, you can stand up, fight the Goliath and win.” The ruling “should serve as a signal to the public that control and choice are moving back into the hands of the consumer – that’s a powerful statement.”
PREVIOUS, 3:21 PM: U.S. District Court Judge Alison Nathan ruled today that Aero could continue to do business because the “balance of hardships” didn’t “decidedly” favor its broadcast challengers — and they also “have not shown a likelihood of success on the merits” in their copyright infringement suit. Broadcasters including Disney, CBS, NBCUniversal and Fox accused Aereo of copyright violations even before the service was launched in the New York City area in March. Aereo, which is backed by IAC’s Barry Diller, streams local over-the-air programming to subscribers who pay $12 a month, but doesn’t pay stations a dime. Nathan agreed that broadcasters would be harmed by Aereo, but said the fledgling service also would be harmed with an injunction. “Today’s decision is a loss for the entire creative community,” the plaintiffs said. “While we are disappointed, we will continue to fight to protect our copyrights and expect to prevail on appeal.”
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