Broadcasters Sue Aereokiller over D.C. Rebroadcasts; Seek Injunction
Several major broadcasters sued online TV service Aereokiller in U.S. District Court in Washington, D.C., on Thursday, and requested a preliminary injunction barring the company from rebroadcasting Washington-area TV stations. The lawsuit is the latest in an ongoing battle between broadcasters and Aereokiller and competing service Aereo, which both use networks of tiny individual antennas to rebroadcast TV stations’ content. “A court in California has already enjoined Aereokiller from operating in nine western states, in the process recognizing that the commercial retransmission of our broadcasts without permission or compensation is a clear violation of the law and congressional intent,” said ABC, NBC, Fox and Allbritton Communications in a joint statement. “We believe that the DC court will uphold our copyright interests and further restrict Aereokiller’s operations.” Aereokiller did not comment.
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In the D.C. case, the broadcasters made claims similar to those they brought against Aereokiller and Aereo in other venues. “Through the Aereokiller service, defendants built a business founded on offering its users and subscribers a ‘live’ Internet and mobile streaming service based on Plaintiffs’ television programming, but without authorization or license from Plaintiffs,” said the complaint.
The broadcasters and Aereokiller are awaiting a final decision in a similar case in the 9th U.S. Circuit Court of Appeals, where a judge has issued a preliminary injunction against Aereokiller’s streaming service. In the 2nd U.S. Circuit Court of Appeals, the same plaintiffs are awaiting a ruling on their appeal for an en banc hearing on their twice-denied preliminary injunction request against Aereo. Meanwhile, Aereo has asked the 2nd Circuit for a summary judgment in its favor in the overarching case (CD May 16 p4). Aereo also has asked the 2nd Circuit for a declaratory judgment, which it has said would prevent the company from being sued by the broadcasters over copyright claims in other jurisdictions.It’s not clear why the broadcasters have chosen to sue Aereokiller in U.S. court in D.C., industry lawyers said. Fletcher Heald’s Harry Cole said the Court of Appeals for the D.C. Circuit that would get any appeal of the just-filed case doesn’t have a clear record in copyright litigation. That’s unlike the 2nd Circuit in New York, which had previously ruled in the Cablevision copyright case, he said. “It’s impossible to call.” Cole said it was possible the broadcasters chose D.C. because of the proximity to Congress and the potential for increased coverage from local D.C. news media. Because the broadcasters filed in a third venue, the likelihood of a circuit split increases if the 9th Circuit in California case against Aereokiller and 2nd Circuit case against Aereo continue in the same direction they have previously, Cole said. “That would tee it up for the Supreme Court.”