×
You will be redirected back to your article in seconds

Broadcasters Will Petition Supreme Court to Review Aereo Case (Exclusive)

Justices will have to choose between taking case or letting legal proceedings play out further

Broadcasters plan to petition the U.S. Supreme Court to review lower court rulings that have allowed Aereo to continue offering unauthorized streams of digital signals in New York, according to sources familiar with the case.

A decision has been made to file a petition, or writ of certoriari, by a deadline of Oct. 15. In July, one of the plaintiffs, Fox, indicated that appealing to the high court was one of its options after the 2nd Circuit Court of Appeals refused to reconsider the case. The appellate court had upheld a lower court decision in which U.S. District Judge Alison Nathan denied broadcasters’ efforts to obtain a preliminary injunction to stop Aereo.

Aereo launched in March, 2012, in New York, offering digital streams of broadcast signals via thousands of dime-seized remote antennas assigned to each of its subscribers. Broadcasters have been challenging the startup in court, arguing that it violates their copyright of public performance, and although they have so far lost in the 2nd Circuit, that have so far been victorious in their legal effort in Los Angeles and Washington district courts to stop Film On X, a similar startup that offers digital streams via remote antennas.

The Supreme Court is prone to step in when circuit courts issue conflicting opinions, and there is a question as to whether the justices will take the case, or whether they will wait for the legal proceedings to play out further. The 9th circuit has yet to issue a decision in Film On X’s appeal of the Los Angeles district court decision, and if broadcasters prevail, they could have a bolstered argument that there is a split in the appellate courts on the issue.

The challenge to Aereo in New York is coming via twin lawsuits. Plaintiffs in one case include Fox Television Stations, WPIX-TV, Univision, WNET-TV and PBS, and plaintiffs in the other include ABC, CBS, NBCUniversal, Telemundo and WNJU-TV.

More TV

  • WGA Awards 2019 Winners

    WGA Awards 2019: Bo Burnham Wins Original Screenplay Award for 'Eighth Grade'

    In a stunning upset, Bo Burnham has won the original screenplay award for “Eighth Grade” from the Writers Guild of America. He credited star Elsie Fisher for his winning the award. Burnham won over Alfonso Cuaron’s “Roma”; Adam McKay’s “Vice”; Bryan Woods, Scott Beck, and John Krasinski’s “A Quiet Place”; and Peter Farrelly, Nick Vallelonga, [...]

  • 50 Cent Power

    NYPD Officer Under Investigation for Allegedly Telling Police to Shoot 50 Cent 'on Sight'

    A New York City precinct commander is under investigation for allegedly telling officers to shoot rapper 50 Cent on sight, a police rep confirmed to Variety on Sunday. “The matter is under internal review,” an NYPD rep said, declining to answer further questions. Deputy Inspector Emanuel Gonzalez is accused of telling officers during a June 7 roll [...]

  • Bohemian Rhapsody

    'Bohemian Rhapsody,' 'Marvelous Mrs. Maisel' Among Cinema Audio Society Winners

    Queen biopic “Bohemian Rhapsody” won the Cinema Audio Society’s top prize for sound mixing at Saturday night’s 55th annual CAS Awards. The film is Oscar-nominated for sound mixing this year along with “Black Panther,” “First Man,” “Roma” and “A Star Is Born.” In a surprise over heavy-hitters “Incredibles 2” and “Spider-Man: Into the Spider-Verse,” Wes [...]

  • Marvelous Mrs Maisel Vice

    'Vice,' 'The Marvelous Mrs. Maisel' Lead Make-Up and Hair Stylists Guild Awards Winners

    Adam McKay’s Dick Cheney biopic “Vice,” starring Oscar nominees Christian Bale, Amy Adams and Sam Rockwell, won two awards at the sixth annual Make-Up and Hair Stylists Guild Awards Saturday night. The film won for best period and/or character makeup as well as special makeup effects. “Mary Queen of Scots” received the prize for period [...]

  • Jussie Smollett Good Morning America

    Jussie Smollett Angrily Denies Complicity in Attack

    Attorneys for “Empire” actor Jussie Smollett issued a statement Saturday denying that he orchestrated his Jan. 29 assault, and saying he is “angered” and “devastated” by recent developments in the case. Chicago police want to interview Smollett, after learning new evidence from two Nigerian brothers who were released on Friday night. Local media outlets have [...]

  • Jussie Smollett Empire

    Chicago Police Want to Talk to Jussie Smollett as New Evidence Emerges

    Chicago police are seeking to re-interview “Empire” actor Jussie Smollett, after new evidence emerged in his alleged assault. Smollett has claimed that two men attacked him at 2 a.m. on Jan. 29, yelled racial and homophobic slurs, poured bleach on him, and put a noose around his neck. The Chicago Police Department has consistently said [...]

More From Our Brands

Access exclusive content