Broadcasters moved today to file an appeal with the U.S. Court of Appeals in New York, following the District Court's decision yesterday to hand upstart Aereo its first legal victory. But former broadcast exec Barry Diller, who invested in the service, doesn't seem worried about what could be a long slog in the courts.
"We're going to proceed. We don't care. A year, six months, two years. We're going to go. We're going to move. We're going to really start marketing," Diller told Bloomberg TV from Sun Valley, Idaho, where he is attending the annual Allen & Co. conference with other media moguls.
U.S. District Judge Alison Nathan seemed to buy Aereo's argument that it was not guilty of copyright violations because the service is providing technology for consumers' personal use with content consumers could receive for free, over the air.
Had Judge Nathan granted broadcasters a preliminary injunction, Aereo would have folded.
"I really did think we were on the side of the angels," Diller said. "The ability for a consumer, an American, to receive broadcast over-the-air signals is their right. And we're simply a technologically advantaged way of doing it in a modern way."
Buoyed by the ruling, Diller indicated Aereo would move quickly to expand beyond New York into other major cities in 2013.