Morning Media Newsfeed: Aereo Plans Survival | Dish Makes Anti-Merger Case to FCC

[emailonly]{{{ sbox300x250 }}}[/emailonly] Click here to receive Mediabistro’s Morning Media Newsfeed via email.

Aereo Signals Path to Survival if Classified as Cable System (WSJ)
Aereo Inc., the online video company that was widely expected to go out of business after losing a high-stakes Supreme Court case in June, signaled Wednesday that it sees a path to survival if it is classified in legal terms as a cable system. Mashable Aereo lost its case before the U.S. Supreme Court because a majority of the justices said its resemblance to a cable company meant it had violated copyright laws. Re/code The video streaming company told a U.S. district court in New York Wednesday it now thinks it’s entitled to be licensed as a cable system because of the Supreme Court’s decision. That would allow the company to stay alive although it would have to pay licensing fees in addition to costs to restart its stalled business. Aereo allowed consumers to watch local TV channels over the Internet for a monthly fee of up to $12 until shutting down its service a few weeks ago after the Supreme Court sided with broadcasters. Capital New York The broadcasters responded with their own argument, calling Aereo’s decision “astonishing.” “Whatever Aereo may say about its rationale for raising it now, it is astonishing for Aereo to contend the Supreme Court’s decision automatically transformed Aereo into a ‘cable system’ under Section 111 given its prior statements to this Court and the Supreme Court,” lawyers for the broadcasters wrote. Deadline Hollywood At issue is whether the District Court will lift a stay that allowed Aereo to remain in business while the case made its way to the Supreme Court. Broadcasters want it lifted so they can collect damages from Aereo’s infringement of their copyrights — a two-year period during which they say they “suffered irreparable harm.” Aereo faces additional hurdles even if the District Court agrees with its view. The FCC also might have to agree to define Aereo as a cable operator for it to qualify for the compulsory license — and it would have to be granted by the U.S. Copyright Office.

Dish Asks FCC to Block Comcast-TWC Merger (NYT)
Dish Network, a satellite television provider, has urged regulators to reject a deal between its rivals that it said would reshape the country’s television and broadband markets. WSJ Dish chairman Charlie Ergen met with FCC chairman Tom Wheeler on Monday and made his case against the $45 billion deal, which would unite the nation’s two largest cable companies, Comcast and Time Warner Cable. Among other things, Dish said, the merger “should be denied” because it would give the combined cable companies too much clout in the broadband marketplace. Deadline Hollywood Ergen said that Comcast could hobble Internet video services at three choke points: The cable company would control the last-mile connection to the home and the point where content providers access Comcast’s network. In addition, it could squeeze potential rivals by devoting lots of its Web capacity to special high-speed lanes for favored services. “Each choke point provides the ability for the combined company to foreclose the online video offerings of its competitors,” the filing says. Variety Dish also said that the pending merger between AT&T and DirecTV raised “competitive concerns,” as the companies will combine their market power to “leverage programming content, to the potential detriment of consumers.” But Dish did not explicitly say that it opposed that transaction. There has been speculation that Dish would seek its own merger partner if the AT&T-DirecTV transaction is approved.

Germany’s Stunning Rout of Brazil Results in Most Facebook Tournament Interactions (AllFacebook)
Host Brazil’s shocking 7-1 defeat at the hands of Germany in a semifinal match Tuesday at 2014 FIFA World Cup sparked the most conversation on Facebook of any of the tournament’s games to date, with 66 million of the social network’s users responsible for more than 200 million interactions (posts, comments and likes), including more than 52 million interactions from 16 million users in Brazil alone, according to the Facebook Data Science Team. AllTwitter Some 35.6 million tweets about Brazil vs. Germany were exchanged on Twitter during the matchup, making it Twitter’s most-discussed single sports game ever, peaking at a heady 580,166 tweets per minute. Deadline Hollywood With a 4.2 rating and 6.643 million viewers watching the afternoon game on ESPN, the match was both the highest-rated and most viewed World Cup semifinal in American TV history. Over on Univision, the stunning blow-out game drew 5.8 million viewers to be the top World Cup semifinal ever on the Spanish language network. THR Broadcast network ZDF said on Wednesday it reached nearly 32.6 million viewers on average, making the game the highest-rated program ever in Germany since data has been collected. The game gave ZDF an audience share of 87.8 percent of people watching TV in the country at the time, which is also one of the highest figures ever.