The ruling was another win for major broadcasters, whose copyrights the US Supreme Court said Aereo, founded by Indian-American tech entrepreneur Chet Kanojia, violated in retransmitting the programming to subscribers' devices via the internet.
Aereo shuttered its service three days after the high court's decision and has since been pushing the courts and regulators to see it as analogous to cable, eligible for a license under the Copyright Act.
"Doing its best to turn lemons into lemonade, Aereo now seeks to capitalize on the Supreme Court's comparison of it to a (cable) system," US District Judge Alison Nathan said in her ruling.
Aereo's contention that this means it actually is a cable system is a "fallacy," she said.
Since her ruling now matches decisions against Aereo in other parts of the country, she said the broadcasters are entitled to a nationwide preliminary injunction.
Aereo, she said, "cannot claim significant hardship if an injunction issues, while Plaintiffs can still claim harm if an injunction does not issue."
"We are reviewing the decision and evaluating our options moving forward," Aereo spokeswoman Virginia Lam said.
Nathan offered Aereo some consolation in refusing the broadcasters' demand she also bar delayed programs. The two sides will have to explore that issue in arguing over a permanent injunction.
Aereo's future became imperiled when the Supreme Court ruled on June 25 that the company had infringed broadcasters' copyrights by capturing live and recorded programs through antennas and transmitting them to subscribers who paid $8 to $12 a month.
In an emergency plea to Nathan in August, Aereo asked that it be allowed to operate like a cable system, saying it was "figuratively bleeding to death," but the judge denied the request.
The company also met with officials at the Federal Communications Commission earlier this month in an attempt to be reclassified as a "multichannel video provider" like cable and satellite companies. This would allow the company to retransmit TV signals for a fee.
Aereo suggested such a move would allow for more competition in the video marketplace.
Thursday's ruling was a victory for broadcasters including CBS, Comcast's NBC, Walt Disney's ABC and Twenty-First Century Fox's Fox, which Aereo did not pay for programming.
A Bhopal native who lived through the Union Carbide disaster in 1984 (He was lucky to live ''upwind'' he said in one interview), Kanojia got an engineering degree from the National Institute of Technology before coming to the US, where he graduated from Northeastern University with a degree in mechanical engineering — not exactly the IIT-Stanford pedigree that is the hallmark of many Indian successes in the US.
He holds more than 14 patents in fields ranging from robotics to data, whose very first company, Navic Networks, an industry leader in advanced television advertising, was acquired by Microsoft in 2008 for a reported $250 million.
The story goes that two years ago when Kanojia first started Aereo, he visited the offices of the four big broadcast television networks to tell them about his plan to up-end their business with his new technology with a view of striking a deal. Their response: We'll see you in court.
Although the lower courts backed Aereo and the 43-year old Indian disrupter seemed ready to topple a legacy business, which he sees as predatory and having feasted on the system since the 1970s, the US Supreme Court balked at what his breakthrough technology was doing.
http://timesofindia.indiatimes.com/followceleb.cms?alias=US Bradcasters,Chet Kanojia,Aereo
Stay updated on the go with The Times of India's mobile apps. Click here to download it for your device.
Anda sedang membaca artikel tentang
US broadcasters win preliminary injunction against Chet Kanojia’s Aereo
Dengan url
http://pijitsehat.blogspot.com/2014/10/us-broadcasters-win-preliminary.html
Anda boleh menyebar luaskannya atau mengcopy paste-nya
US broadcasters win preliminary injunction against Chet Kanojia’s Aereo
namun jangan lupa untuk meletakkan link
US broadcasters win preliminary injunction against Chet Kanojia’s Aereo
sebagai sumbernya
0 komentar:
Posting Komentar