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Utah Judge Rules Against Aereo's TV Antennas
Television's old guard finally opened a hole in Aereo Inc.'s armor last month, winning a ruling that left the Internet TV upstart and its lawyers fighting to limit the damage ahead of arguments at the U.S. Supreme Court in April. District Judge Dale A. Kimball of the U.S. District for the District of Utah, in Salt Lake City, issued a sweeping decision that granted a bid by a group of broadcasters for a preliminary injunction blocking Aereo's service in Utah, Colorado, Kansas, New Mexico, Wyoming and Oklahoma. Community Television of Utah LLC v. Aereo Inc., 2:13CV910. Aereo's lawyers from Durie Tangri in San Francisco immediately sought to appeal the ruling to the U.S. Court of Appeals for the Tenth Circuit and asked District Judge Kimball to stay his decision in the meantime.
“I think [Kimball's ruling] destroys the myth that Aereo is invulnerable and invincible,” said Jenner & Block's Richard Stone, who represents Fox Broadcasting Company in the Utah case and before the Supreme Court. “It's useful for the Supreme Court to see yet another court step back and use a common sense approach.”
Aereo is engaged in a multi-front copyright battle with television broadcasters, the fate of which is likely to be decided in the Supreme Court showdown to be argued April 22. American Broadcasting Cos. Inc. v. Aereo Inc., 13-461. Aereo streams third-party network programming to paying subscribers using a vast array of tiny, individually assigned antennas. The company says it doesn't need to pay the broadcasters retransmission fees for its service ' as cable companies do ' because it simply gives customers a way to capture over-the-air signals, combined with the equally legal functions of a DVR service.
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