Aereo Says Court Decision Entitles It To License Network Programming

UPDATE: Aereo CEO Chet Kanojia has sent a message to “users and supporters” with a link to today’s letter to the court that outlines the company’s new position. “From the beginning, it has been our mission to build a lawful technology that would provide consumers with more choice and alternatives in how they watch television,” he says. The Supreme Court decision against Aereo resulted in “a challenging journey for our team, but your support has continued to lift and propel us forward. We remain committed to building great technologies that create real, meaningful alternatives for consumers.”

PREVIOUS, 4:14 PM: The Supreme Court‘s recent ruling against Aereo may have left an opening for it to stay in business — but now as a kind of cable service — its lawyers said today in a joint letter with broadcasters outlining their views to the U.S. District Court in New York. (Find it here.) The high court concluded that the streaming service was so similar to cable companies, which are required to negotiate a deal if they want to carry broadcasters’ programming, that it could not simply pluck signals from the airwaves without paying. That’s significant, Aereo says, because the classification also means that it’s “now entitled” to work out a deal — which broadcasters, in turn, must negotiate in good faith. Indeed, Aereo says, its eligibility for what’s known as a compulsory license “must be decided on an immediate basis or [its] survival as a company will be in jeopardy.” It suspended service shortly after the Supreme Court decision.

Broadcasters say that Aereo, having lost once, is now raising “a brand-new defense” that it “never before pled (much less litigated).” (more…)

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