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Second Circuit Won't Rehear <i>Aereo</i> Case
Aereo, the online service that captures over-the-air broadcasts of copyrighted TV programming and sells them to subscribers for a monthly fee, notched another victory at the U.S. Court of Appeals for the Second Circuit. The circuit has denied rehearing en banc of its April 2013 decision that found Aereo is not in violation of the Copyright Act.
The decision was a win for Barry Diller and his fellow investors in the Aereo start-up. They are taking their service nationwide this year after a New York City test run where signals broadcast from the Empire State building are captured and put on a “platform” for retransmission to subscribers.
The Second Circuit's en banc denial came in tandem cases, WNET v. Aereo , 12-2786, and ABC v. Aereo, 12-2807, where on April 1 a divided panel upheld Southern District of New York Judge Alison Nathan's refusal to grant a preliminary injunction against Aereo ' a business modeled on the circuit's language in Cartoon Network v. CSC Holdings, 536 F.3d 121, a 2008 decision that found Cablevision's DVR service did not violate the Copyright Act.
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