Streaming TV startup Aereo had hoped a federal court would give it the chance to argue why it should be classified as a cable service, as a way to possibly re-launch the service that the US Supreme Court outlawed in June.
But the federal court has denied that move, and sent Aereo back to a lower court, notching another win for Aereo’s broadcaster foes. Brian Fung reports for the Washington Post:
…the Second Circuit is effectively telling Aereo that if it wants to argue that it’s a cable company only for the purposes of copyright law — and therefore qualified to pay lower royalties — it’s currently making the argument to the wrong people.
“Technically, Aereo could stick it out for a trial,” said John Bergmayer, an attorney at the consumer advocacy group Public Knowledge. “The case will still be open at the district court. They could still argue there, which they still have the right to do.”
Aereo, which is headquartered in New York and has its largest office in Boston, had previously offered its live-TV-on-the-Web service in Greater Boston and 10 other US markets.