With just days to go before broadcasters are likely to take Aereo to the Supreme Court, a federal judge has denied Hearst-owned Boston-station WCVB-TV a preliminary injunction motion against the Barry Diller-backed streaming service. “The Court finds that Hearst has made a minimal showing of irreparable harm that is an insufficient basis for entering a preliminary injunction in its favor,” said District Judge Nathaniel Gorton. “Hearst has not demonstrated a sufficient likelihood of success on the merits nor the requisite irreparable harm and therefore it is not entitled to that ‘extraordinary and drastic remedy’,” he adds in the October 8 order (read it here). As one part of its argument, Hearst had hoped that the Massachusetts-based court would see the merits of the almost nationwide injunction that a federal D.C. court had hit fellow streaming service FilmOnX with in September. With that now not happening, the long and the short of it means that this case will go forward with the multi-city Aereo still available in the Boston area showing the ABC affiliate’s programming. “Today’s decision, coupled with the decisions in favor of Aereo in the Southern District of New York and the Second Circuit Court of Appeals shows that when you comply not only with the letter, but the spirit of the law, justice will prevail,” said Aereo CEO Chet Kanojia in a statement today. The decision wasn’t a total win for Aereo as the service was denied its motion to transfer the case to the Southern district of New York, where it has had legal success in the past. “Hearst’s decision to limit the scope of the suit to WCVB’s local programming and Aereo’s local activities also weighs in favor of resolving the suit here rather than in New York,” Gorton wrote in his 20-page memorandum and order. That ruling renders moot Aereo’s other motion to stay proceedings until its request for a transfer was decided.
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