Although Aereo has said it is taking “just a pause” from providing customers Internet-based streaming of broadcast television — a service that has relied on the notion that thousands of tiny antennas are each dedicated to capturing and singularly transmitting a live public signal to customers — a federal judge in New York has issued a preliminary injunction that many industry analysts see as a potential legal terminus for the company and its vaunted high-tech end-around copyright laws. U.S. District Judge Alison Nathan in Manhattan issued the order last week barring Aereo from “streaming, transmitting, retransmitting, or otherwise publicly performing any Copyrighted Program over the Internet (through websites such as aereo.com), or by means of any device or process throughout the United States of America, while the Copyrighted Programming is still being broadcast.” He effectively shut the door on Aereo’s latest gambit to deem itself akin to a cable company and to seek to pay providers for their content. Aereo had claimed it did not need to fork over broadcast fees because its novel technology pulled in publicly available programming and it should be free, in keeping with copyright laws. In June, the U.S. Supreme Court rejected that argument, finding the Aereo service violated the Copyright Act of 1976’s Transmit Clause. The High Court remanded the case back to the lower federal court in New York. Based on the case’s current trajectory, Nathan said he could issue his injunction because the broadcasters who sought the order likely would prevail in the case.
Court order a sharp arrow for fading Aereo
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