The U.S. Court of Appeals
for the Second Circuit denied a broadcaster request that the full court review
a three-judge panel of that court's April decision not to stop Aereo from
delivering broadcast signals over the Internet while a lower court considers a
broadcaster challenge to the service's legality. The central issue in the Aereo
case is whether the start-up’s decision to provide one antenna for every
subscriber makes it a legal private transmission under copyright law or,
instead, an illegal public broadcast so the broadcasters claim.
Meanwhile Fox Broadcasting
isn't taking no for an answer, "We will now review our options, and
determine the appropriate course of action," said a statement from Fox. CBS
has also vowed to fight the company wherever it launches its service, which is
available in New York, Atlanta and Boston (where it's already been sued by
Hearst).
Aereo is a well funded
startup that is challenging the current broadcasting model. While this ruling
is another win for Aereo in its ongoing battle against broadcasters, their time
in court is far from over. More on this to come...
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