A federal judge has denied a preliminary injunction filed by the “big four” broadcasters in an attempt to block Aereo, a Barry Diller-funded startup that streams over-the-air programming. Reuters reports that the judge agreed that broadcasters demonstrated they faced irreparable harm, but Aereo also showed it would be harmed, as well. The judge concluded the “balance of hardships” did not “decidedly” tip in the broadcasters’ favor.
That clears Aereo to continue until the inevitable trial — it’s only available in the NY market right now — and broadcasters say they’ll continue to fight. One of the most disruptive TV startups in years, Aereo enables subscribers to lease a small TV antenna and watch — and record — live broadcast channels in HD on their computers, tablets, phones and even via Roku on TV. The service includes a program guide and social features, so you can discuss and recommend shows with your Facebook and Twitter friends.
Broadcasters are demanding retransmission fees for Aereo’s redistribution of copyrighted content. Aereo says it’s just allowing subscribers to lease their own mini-antenna from its antenna farm. If Aereo ultimately wins its legal fight, cable and satellite companies could replicate the model, effectively killing off critical retransmission revenues for local TV.
“Today’s decision shows that when you are on the right side of the law, you can stand up, fight the Goliath and win,” said Aereo CEO and Founder Chet Kanojia. “Today’s decision should serve as a signal to the public that control and choice are moving back into the hands of the consumer – that’s a powerful statement.”