Aereo Beats Broadcasters in Big Appellate Ruling
Source: Hollywood Reporter
The Second Circuit Court of Appeals has handed TV broadcasters a devastating blow by determining that a federal judge properly declined to issue an injunction that would have shut down Aereo, the service that digitally transmits over-the-air TV signals to private customers. According to Monday's ruling:
"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. As such, Plaintiffs have not demonstrated that they are likely to prevail on the merits on this claim in their copyright infringement action. Nor have they demonstrated serious questions as to the merits and a balance of hardships that tips decidedly in their favor. We therefore affirm the order of the district court denying the Plaintiffs’ motion."
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Although other services that attempted to stream television online have been deemed a violation of copyright holders' public performance rights, Aereo attempted a new system based upon thousands of tiny antennas, which would capture over-the-air TV signals, then transmitting the playbacks individually to each of its customers for a subscription fee.
The TV broadcasters contended this was illegal and that it would cause irreparable harm. For instance, during hearings last year, an attorney for one of the networks said that if Aereo wasn't shut down, "events like the Super Bowl will not be on TV anymore."
Read more: http://www.hollywoodreporter.com/thr-esq/aereo-beats-broadcasters-big-appellate-431988
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