2nd Circuit Court of Appeals says it is done with Aereo


The U.S. 2nd Circuit Court of Appeals in New York is tired of talking about Aereo, the start-up service that transmits broadcast TV signals to subscribers via the Internet that the broadcast industry is trying to shut down.

In April, a panel of judges for the 2nd Circuit ruled that Aereo did not violate copyright law. The broadcasters -- including Fox, CBS, NBC and ABC -- then petitioned to have that decision reviewed by the full court and on Tuesday the en banc request was denied.

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


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Aereo is hardly out of the legal woods yet. CBS has vowed to fight the company wherever it launches it service.

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

Hearst Corp. has sued Aereo in Boston, where it owns a local TV station.

Aereo, whose backers include media mogul Barry Diller, provides access to broadcast TV signals via smartphones, tablets and Internet-friendly TVs. For between $8 and $12 a month, Aereo subscribers get a tiny antenna that can pick up the signals of broadcasters. The antenna and a cloud-based digital video recorder can hold up to 40 hours of programming.

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Follow Joe Flint on Twitter @JBFlint.