Judge lets startup relay live TV to iPhones in NYC [telecom]

By LARRY NEUMEISTER | Associated Press - Wed, Jul 11, 2012

NEW YORK (AP) - A startup company can continue to send live TV programming to iPhones and other mobile devices in the city despite objections from major broadcasters that say expansion can threaten the free broadcasting of events such as the Super Bowl, a judge ruled Wednesday.

U.S. District Judge Alison Nathan said she understood how the service provided by the company, Aereo, may be unfair to broadcasters. But she said the law left her no choice but to reject a request by News Corp.'s Fox and other broadcasters to pull the plug on the company.

Aereo lets customers capture over-the-air broadcasts for viewing on iPhones, iPads and computers for $12 a month. A copyright infringement lawsuit was filed by Fox, ABC, CBS, NBC and others, accusing Aereo of copying and retransmitting their programming over the Internet unlawfully.

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Comment: For those of us familiar with the early days of the cable TV industry, this sounds like a replay of the same battles that cable companies fought. The landmark case was Fortnightly Corp. v. United Artists, 392 U.S. 390 (1968). Here's a link to a 1998 article I wrote about that case: Neal McLain