Over-the-air television networks rankled by Aereo's service are asking the U.S. Supreme Court to weigh in.
October 11, 2013 12:44 PM PDT
Aereo's arrays of dime-sized antennae.
(Credit: Aereo)
This is a developing story and CNET will update as it learns more.
Television broadcasters Friday petitioned the US Supreme Court to get involved in their fight against Aereo, the online service that streams their over-the-air programming to its paying members.
Aereo, which is backed by IAC Chairman Barry Diller, uses tiny individual antennas to let consumers watch live, local broadcasts on some Internet-connected devices and store shows in a cloud-based DVR. Television giants including Disney's ABC, CBS (the parent of CNET), Fox and Comcast's NBCUniversal sued Aereo, alleging that the service violates their copyrights and that Aereo must pay them.
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All petitions to the Supreme Court have a long shot of being granted. Of the roughly 10,000 petitions received every year, the court grants and hears oral arguments for about 75 to 80, less than one percent.
With any Constitutional or The court tends to select cases that lower courts have ruled on in different ways or those that address issues of national importance.
Thus far, Aereo has largely come out ahead in two district and one circuit court battles, and all of the decisions have been rulings on injunctions, rather than any rulings after a main trial. In addition, the case that Aereo has relied on as precedent -- a 2008 Cablevision case over copyright and DVR technology -- was appealed to the Supreme Court too, and the court denied the petition. Those could work against broadcasters' chances of being granted a Supreme Court review.
However, broadcasters have been successful in shutting down a similar service run by a different company, FilmOn X, with injunctions in Los Angeles and D.C. courts. The Ninth Circuit, if it affirms the Los Angeles decision, could set up a conflicting circuit court decisions that make a Supreme Court hearing more likely.
Aereo has said in the past that there has been no legal discovery conducted that even confirms it's own technology is akin to FilmOn X's.
In April, Aereo prevailed in the Second Circuit Court of Appeals, which affirmed a New York-based district court's decision to deny a preliminary injunction motion from television networks that would have prevented Aereo from transmitting the broadcasts to its subscribers.
The networks followed up by requesting the case be reheard before a full panel of judges, which was also denied in July by the majority. However, a dissenting opinion signed by two judges called Aereo a "sham."
Earlier this week, a judge in US District Court in Massachusetts denied a preliminary injunction against Aereo sought by Hearst and its Boston broadcast TV station, WCVB.
Aereo also faces another suit filed in Utah. CBS and "My TV" affiliates owned by Sinclair Broadcast Group as well as a Fox station filed their complaint last week.
October 11, 2013 12:44 PM PDT
(Credit: Aereo)
This is a developing story and CNET will update as it learns more.
Television broadcasters Friday petitioned the US Supreme Court to get involved in their fight against Aereo, the online service that streams their over-the-air programming to its paying members.
Aereo, which is backed by IAC Chairman Barry Diller, uses tiny individual antennas to let consumers watch live, local broadcasts on some Internet-connected devices and store shows in a cloud-based DVR. Television giants including Disney's ABC, CBS (the parent of CNET), Fox and Comcast's NBCUniversal sued Aereo, alleging that the service violates their copyrights and that Aereo must pay them.
[h=3]Related stories[/h]
- Aereo wins battle against Boston TV station seeking injunction
- Aereo announces Android app launch on October 22
- TV networks will reportedly seek Supreme Court review of Aereo
- Aereo delays Chicago launch due to 'issues' on testing site
- Aereo expansion marches on to Columbus, Cincinnati, San Antonio, Indianapolis
All petitions to the Supreme Court have a long shot of being granted. Of the roughly 10,000 petitions received every year, the court grants and hears oral arguments for about 75 to 80, less than one percent.
With any Constitutional or The court tends to select cases that lower courts have ruled on in different ways or those that address issues of national importance.
Thus far, Aereo has largely come out ahead in two district and one circuit court battles, and all of the decisions have been rulings on injunctions, rather than any rulings after a main trial. In addition, the case that Aereo has relied on as precedent -- a 2008 Cablevision case over copyright and DVR technology -- was appealed to the Supreme Court too, and the court denied the petition. Those could work against broadcasters' chances of being granted a Supreme Court review.
However, broadcasters have been successful in shutting down a similar service run by a different company, FilmOn X, with injunctions in Los Angeles and D.C. courts. The Ninth Circuit, if it affirms the Los Angeles decision, could set up a conflicting circuit court decisions that make a Supreme Court hearing more likely.
Aereo has said in the past that there has been no legal discovery conducted that even confirms it's own technology is akin to FilmOn X's.
In April, Aereo prevailed in the Second Circuit Court of Appeals, which affirmed a New York-based district court's decision to deny a preliminary injunction motion from television networks that would have prevented Aereo from transmitting the broadcasts to its subscribers.
The networks followed up by requesting the case be reheard before a full panel of judges, which was also denied in July by the majority. However, a dissenting opinion signed by two judges called Aereo a "sham."
Earlier this week, a judge in US District Court in Massachusetts denied a preliminary injunction against Aereo sought by Hearst and its Boston broadcast TV station, WCVB.
Aereo also faces another suit filed in Utah. CBS and "My TV" affiliates owned by Sinclair Broadcast Group as well as a Fox station filed their complaint last week.