If persistence was the measure of success, Aereo would be back in business. Instead, it suffered its fourth loss in the last six weeks when two New York courts rejectee its call for emergency action on "injunction" issues as it tries to convince the courts and Copyright Office that it is essentially a multichannel video programming distributor and therefore eligible for a blanket license. The first strike was the Supreme Court decision that Aereo delivered a public performance (as do cable and satellite operators) and thus could not deliver TV signals over the Internet without paying broadcasters. In the second, the Copyright Office said it still thinks over-the-top transmissions are not eligible for the blanket license.
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