Broadcasters Face Setback In Aereo Case

A federal judge in New York City on Wednesday denied the broadcast networks’ request for a preliminary injunction against Aereo that would have immediately shut down the online distributor of broadcast signals.

The ruling was a setback for the broadcasters, but their copyright suit against Aereo will proceed.

The networks failed to meet the criteria for the injunction — that they had a likelihood of success on the merits of the case and that they will suffer irreparable harm without an injunction.

“Today’s decision is a loss for the entire creative community,” Fox, PBS, WNET New York, Univision and Tribune Broadcasting said in a statement. “The judge has denied our request for preliminary relief, ruling that it is OK to misappropriate copyrighted material and retransmit it without compensation. 

“While we are disappointed, we will continue to fight to protect our copyrights and expect to prevail on appeal.”

And CBS issued this statement: “This is only a ruling on a preliminary injuction. This case is not over by a long shot. We intend to immediately appeal this decision to the Second Circuit and seek expedited consideration. We also intend to seek damages and a permanent injunction in this case before this court.”

Backed by media mogul Barry Diller, Aereo in March began offering the major New York TV stations to subscribers via the Internet for reception on computers, tablets and smartphones. It charges $12 a month for the service.

Aereo has argued that its retransmission of broadcast signals does not trigger any copyright liability because it is merely providing a remote antenna reception service for its subscribers.