Court Rules Aereo Can Continue To Operate During Copyright Infringement Trial

By David Lieberman, Dominic Patten

The Barry Diller-backed Aereo got a big legal win from the Second Circuit Court of Appeals today, but broadcasters vow to fight on. The federal court says a U.S. District judge was right last year to refuse broadcasters an injunction against the controversial service that streams broadcasters’ over-the-air signals to its subscribers. “We conclude that Aereo’s transmissions of unique copies of broadcast television programs created at its users’ requests and transmitted while the programs are still airing on broadcast television are not “public performances” of the Plaintiffs’ copyrighted works under Cablevision,” said Judge Christopher Droney writing for the majority (read it here). Said Aereo CEO Chet Kanojia in a statement after the ruling: “We may be a small start-up, but we’ve always believed in standing up and fighting for our consumers. We are grateful for the court’s thoughtful analysis and decision and we look forward to continuing to build a successful business that puts consumers first.”

Related: Aereo Exploring Alliances With Pay TV Distributors: WSJ (more…)

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