The US Supreme Court has agreed to consider a case brought by several US networks against television streaming service Aereo.
In October, ABC, CBS, NBC Universal and Fox requested the Supreme Court hear their case on the basis that the online service allegedly steals copyrighted television content. The broadcasters, which are supported by baseball’s MLB and American football’s NFL leagues, are appealing an April 2013 decision by the 2nd US Circuit Court of Appeals that denied their request to shut down Aereo while the case moved forward in a ruling that said that live streaming did not infringe upon broadcasters’ copyright.
The USA Today newspaper said that in seeking the Supreme Court’s review, the broadcasters are claiming that by avoiding rebroadcast fees that provide billions of dollars annually, Aereo’s live-streaming service could “potentially endanger over-the-air broadcast television.” They are concerned that other cable and satellite companies, as well as internet platforms, may seek to develop similar services. The Supreme Court may hear the case as early as April.
Aereo was established in 2012 and utilises personal television antennas to give subscribers access to free-to-air broadcast channels for a small fee. Despite claiming victory at the appeals court, Aereo said that it welcomed the chance to put its case across at the Supreme Court in a bid to reach a definitive verdict. “We look forward to presenting our case to the Supreme Court,” Aereo chief executive and founder Chet Kanojia said. “We believe that consumers have a right to use an antenna to access over-the-air television and to make personal recordings of those broadcasts.”
In November, the NFL and MLB urged the Supreme Court to take the case, arguing that Aereo is illegally rebroadcasting signals without licensing the content. Fox, CBS and NBC have broadcast rights to both NFL and MLB games and the two leagues threatened to move all their rights to pay-television if Aereo is deemed legal. Aereo is currently available in 10 markets in the US, including New York, Atlanta, Dallas, Miami and Boston, and has plans to expand into at least 17 other cities.