A response from Aereo is due Nov. 12 to...
A response from Aereo is due Nov. 12 to broadcasters’ attempt to appeal their 2nd U.S. Court of Appeals case for a preliminary injunction against the streaming TV service to the Supreme Court, according to the high court’s website (http://1.usa.gov/1al4hW2).…
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Analysts have said the court is unlikely to grant cert while Aereo still faces litigation in multiple jurisdictions (CD Oct 15 p15). The New York case at the center of the cert petition is still proceeding on the merits, and Aereo has ongoing copyright infringement cases in Utah (CD Oct 9 p21) and Massachusetts, where Hearst has filed an appeal to the 1st Circuit to overturn a lower court’s denial of another preliminary injunction (CD Oct 11 p4). Aereo competitor FilmOn X, which uses a nearly identical business model, is also embroiled in litigation that could affect whether the petition for cert is granted. FilmOn is enjoined from broadcasting copyrighted material everywhere in the U.S. but the states in the 2nd Circuit’s jurisdiction because of a U.S. District Court for the District of Columbia decision, which it has appealed to the U.S. Court of Appeals for the D.C. Circuit (CD Sept 9 p18). FilmOn is also in the midst of an appeal in the 9th U.S. Circuit Court of Appeals (CD Aug 29 p5). Despite the litigation, Aereo is continuing to expand its service. The company said Tuesday it plans to expand into the Denver area starting Nov. 4 (http://bit.ly/1amqvXR). The expansion will include 67 counties across Colorado, Nebraska and Wyoming and more than 3.4 million consumers, Aereo said in a news release. “Denver is a growing and dynamic tech hub and the enthusiasm we've received from the community has been phenomenal,” said founder Chet Kanojia.