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The pro-Aereo ruling, issued earlier this month by a
three-judge panel, “threatens the over-the-air broadcasting industry,” the TV
networks say in new court papers, according to media-post.com. The broadcasters
are asking the entire 2nd Circuit Court of Appeals to rehear the case.
Aereo allows people to view live streams of over-the-air TV
shows on iPhones, iPads and other devices. The service also allows people to
“record” over-the-air shows for later viewing.
The TV networks are suing Aereo for copyright infringement.
The networks say that Aereo is operating like a cable television company, and
is illegally transmitting TV shows without a license. The TV broadcasters say
that the transmissions are a “public performance,” which requires a license.
Two weeks ago, a panel of the 2nd Circuit ruled 2-1 that
Aereo's transmissions are not public performances. That ruling upheld a trial
judge's decision denying the TV networks' request for an injunction banning
Aereo from operating.
Meanwhile, Aereo placed a full-page ad in Tuesday’s NYTimes
to state its case publicly:
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