Broadcasters' En Banc Appeal of Aereo Decision Denied

摘要

Broadcasters’ appeal to have their case for an injunction against online TV service Aereo reheardnby a full panel of judges was denied Tuesday by the 2nd U.S. Circuit Court of Appeals in New York afterna 10-2 vote. The failure of the appeal of denial by a three-judge 2nd Circuit panel of an injunction preventingnAereo from retransmitting TV stations' content is not unexpected, said several broadcast attorneysnand one of the appellants, Fox. The denial likely won’t have much effect on the several remaining courtnbattles involving Aereo and competitor FilmOn, broadcast attorneys told us, though a dissenting opinionnfrom 2nd Circuit Judge Denny Chin could boost future broadcaster appeals. “They can use Chin’s dissentnas a roadmap of sorts in formulating their arguments,” said Fletcher Heald's Harry Cole, who's not involvednin the case. Fox "will now review our options and determine the appropriate course of action,nwhich include seeking a hearing in the U.S. Supreme Court and proceeding to a full trial on the merits ofnthe case,” said the 21st Century Fox subsidiary in a statement.