The U.S. Court of Appeals for the Second Circuit denied today a
petition for review, en banc, of an earlier decision by a
three-judge panel of the Court that had ruled in favor of Aereo and
against broadcasters in the New York case.
On April 1, 2013, the panel concluded in the case that Aereo's
service did not violate the broadcasters' exclusive right to
"publicly perform" their copyrighted television programs.
Broadcasters asked the full Second Circuit Court to review
that decision, but a majority of judges declined to rehear the
case. Two judges issued a strong dissent, explaining that the
panel decision had "already had a significant impact on the
entertainment industry" because it threatened to undermine the
retransmission consent regime vital to broadcast television.
Although the order denying rehearing is a disappointment for
broadcasters, the decision is limited to broadcasters' request for
a preliminary injunction on the "public performance" issue.
The case against Aereo is moving forward in the district
court, where the parties have asked the court to rule on other
aspects of the broadcasters' copyright claims.
In a case involving a similar Internet streaming service, FilmOn X
(originally, "Aereokiller"), a California federal court ruled in
favor of broadcasters and prohibited the service from operating
within the Ninth Circuit. FilmOn X appealed the decision, and
the Ninth Circuit will hear argument in August.
We will keep you informed of further developments in these