US judge gives broadcasters injunction against Aereo online TV

Reuters

By Dan Levine

Feb 19 (Reuters) - A federal judge in Utah on Wednesday barred online television service provider Aereo from retransmitting programs, but only if the Supreme Court also sides with major broadcasters later this year.

U.S. District Judge Dale Kimball in Salt Lake City issued an injunction, ruling that broadcasters including Twenty-First Century Fox Inc had shown a likelihood that they could prove Aereo committed copyright infringement.

Aereo, backed by billionaire Barry Diller's IAC/InterActiveCorp, does not pay broadcasters for use of programming that it retransmits to subscribers. Its users pay a low monthly fee to watch live or recorded programs on their computers or mobile devices.

Last year a federal appeals court in New York ruled in favor of Aereo in a similar lawsuit. Broadcasters appealed to the U.S. Supreme Court, which last month agreed to hear the case. A decision is expected by the end of June.

Kimball put the injunction on hold pending the high court's decision.

In a statement, Aereo Chief Executive Officer Chet Kanojia said the company is "extremely disappointed" that the Utah federal court came to a different conclusion than every other court that has reviewed Aereo's technology.

Aereo subscribers can stream live broadcasts of TV channels on mobile devices using miniature antennas, each assigned to one subscriber. The service was launched in March 2012 in the New York area. The company has since expanded to about 10 cities and plans to enter several more.

The broadcasters claim the service violates copyrights on TV programs, and threatens their ability to control subscription fees and generate advertising.

Traditional cable television providers are also watching the issue. Cablevision Systems Corp has said the legal theory advanced by broadcasters to the high court would spell trouble for cloud-based content services and threaten Cablevision's ability to offer its customers DVR recording.

In court filings in Utah, Twenty-First Century Fox argued that "free-riders like Aereo" could deprive residents of programming like local news. Randall agreed in his ruling.

"Original local programming, covering local news, sports, and other areas of interest, costs millions of dollars to produce and deliver to the public," he wrote, "and the public interest plainly lies in enjoining copyright infringement that threatens the continued viability of such local programming."

In his statement, Aereo's Kanojia said consumers have a "fundamental right" to watch over-the-air television via an antenna.

"The Copyright Act provides no justification to curtail that right simply because the consumer is using modern, remotely located equipment," Kanojia said.

The case in U.S. District Court, District of Utah is Community Television of Utah LLC et al. vs. Aereo Inc., 13-910.

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