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Aereo TV Wins Another Appeal, Fox Mulls U.S. Supreme Court Hearing

16 Jul, 2013 By: Erik Gruenwedel

Embattled digital TV service triumphs again in court, much to the chagrin of media plaintiffs

Fox Broadcasting Co. July 16 said it will continue the legal fight against Aereo TV after the digital service again emerged victorious in a Manhattan, New York federal courtroom.

The U.S. 2nd Circuit Court of Appeals ruled the service, which transmits local TV broadcast signals to subscribers on digital devices via mini antennae, does not violate copyright law. Fox, along with CBS, ABC, Telemundo and NBC, last year filed a lawsuit alleging otherwise and sought an injunction against Aereo.

With the latest ruling, Fox said it would consider its options.

"The Second Circuit’s denial of our request for an ‘en banc’ hearing, while disappointing, was not unexpected," Fox said in a statement. "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."

Aereo, which operates in Manhattan, Boston and Atlanta, plans to roll out service in 22 cities. And CBS plans to be there with a subpoena.

“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 told the Los Angeles Times.

Aereo in May filed a declaratory judgment action in New York naming CBS, its Boston affiliates, and its wholly owned and operated companies located in Aereo's initial expansion markets.

"The fact that CBS did not prevail in their efforts to enjoin Aereo in their existing federal lawsuit does not entitle them to a do-over in another jurisdiction. We are hopeful that any such efforts to commence duplicative lawsuits to try to seek a different outcome will be rejected by the courts,” Aereo spokeswoman Virginia Lam said in a statement at the time.

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