Broadcasters Won't Get Second Shot at Aereo in Appeals Court

The 2nd Circuit turns down the broadcasters' petition for a rehearing before a full panel of judges.
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Aereo's Barry Diller

TV networks won't get the opportunity to convince the 2nd U.S. Circuit Court of Appeals that Aereo deserves to be enjoined for committing alleged copyright infringement.

On Tuesday, in the ongoing controversy over Aereo, a service that digitally transmits over-the-air TV signals to private customers, the appeals court denied a petition to have the dispute reviewed en banc. One 2nd Circuit judge requested a poll be taken, but a majority of judges agreed that it was unwise to reconsider. (Here's the dissent.)

The move means that Aereo's April victory stands and that the case continues at the trial court.

A Fox spokesperson had this to say about the development:

"The 2nd Circuit’s denial of our request for an ‘en banc’ hearing, while disappointing was not unexpected. We will now review our options and determine the appropriate course of action, which includes seeking a hearing in the U.S. Supreme Court and proceeding to a full trial on the merits of the case."

A trial might happen early next year. The decision on whether to go to the Supreme Court could be influenced by the outcome of a pending dispute at the Ninth Circuit involving one of Aereo's competitors.

A CBS spokesperson said in a statement, "This decision comes as no surprise and all industry lawsuits against Aereo and similar services that steal our content are going forward as planned.”

Aereo is fighting lawsuits in New York and Massachusetts. The company recently expanded operations into Atlanta.