Supremes Grant Aereo More Time to Respond to Broadcasters [telecom]

By John Eggerton, Broadcasting & Cable, 11/8/2013

| The Supreme Court has given Aereo 30 more days to respond to | broadcasters' petition to the court to decide whether Aereo's | over-the-top TV station delivery service should be allowed to | continue while a lower court hears a broadcaster challenge to | the service. | | Aereo's request for a 30-day extension was a routine one, | according to attorneys for the other side. | | The Court this week extended the deadline for responses to the | broadcaster petition to Dec. 12. It also said lawyers for both | sides had signaled their blanket consent for petitions in | support or opposition, which means amicus curiae briefs don't | have to get individual consent letters from the parties. That | signals the lawyers are expecting a lot of briefs, which are | still due Nov. 12, the original deadline for the Aereo | response. | | Last month, the major broadcast networks and PBS asked the | High Court to rule on whether Aereo's Internet delivery of TV | station signals is a public performance subject to copyright | payments, or rather -- as Aereo asserts -- remote, private | access to the free over-the-air signals viewers are entitled | to. The answer, broadcasters argue, is critical to their | future. | | In making their case for why the court should review the | Second Circuit Court of Appeals' denial of an injunction | against Aereo, the broadcasters offered up their arguments for | why not doing so would cause them major harm, which is one of | the tests for granting a preliminary injunction.

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