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The Telecom Digest for October 12, 2013
Volume 32 : Issue 212 : "text" Format
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Broadcasters may take Aereo case to Supreme Court (Neal McLain)

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Date: Fri, 11 Oct 2013 15:16:40 -0700 (PDT) From: Neal McLain <nmclain.remove-this@and-this-too.annsgarden.com> To: telecomdigestmoderator.remove-this@and-this-too.telecom-digest.org. Subject: Broadcasters may take Aereo case to Supreme Court Message-ID: <14002b0f-d30f-40dd-a72e-d2a6e92a376d@googlegroups.com> By Steve Donohue, FierceCable, October 11, 2013 > In what could finally trigger a decision on whether Aereo will > live or die, Fox, PBS and other broadcasters plan to file a > petition by Oct. 15 at the U.S. Supreme Court in which they > will argue that the service should be shut down, according to > Variety. > > Since launching a platform in New York last year that delivers > local broadcast channels to customers using Web browsers and > mobile devices, Aereo has successfully defended itself against > two lawsuits that have been filed by broadcasters. In April, > the Second Circuit Court of Appeals rejected a request from > broadcasters to issue an injunction requiring Aereo to shutter > its platform, which uses arrays of dime-sized antennas to > capture over-the-air signals. The court refused to rehear the > case in July. > > Fox said in July that it was considering appealing the Aereo > suit to the high court. Continued: http://tinyurl.com/kssr7oz So here's where things stand today: In the three states under the jurisdiction of the Second Circuit Court of Appeals (CT, NY, VT), Aereo is free to operate legally. FilmOn X can continue to operate without legal basis. In the rest of the county, Aereo can continue to operate without legal basis. FilmOn X is prohibited from operating pursuant to an injunction issued by the District Court of the District of Columbia. The Ninth Circuit's decision in the FilmOn X case is pending. If it rules for FilmOn X, its decision will be in conflict with the DC Court. If it rules for plaintiffs, its decision will be in conflict with the Second Circuit. A Supreme Court review has been inevitable all along, so today's action by Fox et al gets the process started. Neal McLain
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