Broadcasters Prepare To Ask U.S. Supreme Court To Challenge Aereo

Broadcasters have until October 15 to file a writ of certiorari, which I’m told they plan to do. They’ll ask the Supreme Court to review lower court decisions that upheld Aereo’s right to continue operating while it defends itself against charges that its streaming service violates TV station copyrights. ABC, CBS Fox, NBC and others say Aereo breaks the law by transmitting their shows to its Internet subscribers without paying a license fee. Aereo counters that consumers have the right to watch broadcasters’ free over-the-air signals, and it simply leases the antennas and equipment people need to take advantage of that right. Aereo won a big victory last year when U.S. District Court Judge Alison Nathan in New York rejected broadcasters’ request for a preliminary injunction in the copyright infringement case. Broadcasters challenged the decision, but 2nd Circuit Court of Appeals Judge Christopher Droney, writing for the majority, sided with Aereo saying that its transmissions “are not ‘public performances’ of the Plaintiffs’ copyrighted works.” Fox said in July that it might take the case (more…)

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