Broadcasters Plan to Petition U.S Court to Review Aereo Case

Broadcasters are planning to file a petition to the U.S Supreme Court to review the Aereo case.

Aereo is a New-York based company that allows users to do streaming of over-the-air TV on their devices connected to the Internet. It was launched in 2012 and was immediately sued by a group of broadcasters including CBS, Comcast, Disney, and Fox due to copyright infringement. However, a federal court ruled on April 2013 that the new company did not violate any of the provisions of the copyright infringement law as the shows are not considered “public performances.”

According to the sources of Variety, the broadcasters decided to file a petition or writ of certiorari, for the U.S. Supreme Court to review the decision of the lower court favoring Aereo.

The Court of Appeals had sustained a lower court ruling in which U.S. District Alison Nathan denied to obtain a preliminary injunction to halt Aereo, which was requested by broadcasters as it threatens their businesses. Fox previously announced that if the 2nd Circuit Court of Appeals will deny reconsidering the case, they will resort to appealing the case to the high court.

Though they have lost the battle in the 2nd Circuit, they have been successful in their legal effort in the Washington and L.A district courts to prevent Film on X, another company of similar services to Aereo, on continuing its service. This made the situation confusing as the lower courts have made a conflicting decision on separate cases of similar issues. Film on X already appealed its case.

However, the 9th Circuit Court of Appeals has yet to rule in Film on X’s appeal on the decision of the L.A district court. If the broadcasters win, they could argue that there are dissimilarities in the rulings of the Court of Appeals.

The Supreme Court usually steps in when circuit courts have different rulings and when justices are in doubt of taking the case or will still wait until legal proceedings play out.