In an opinion issued today, a divided panel of the Second Circuit affirmed Judge Nathan’s denial of the motion for a preliminary injunction by a group of television networks against internet television provider Aereo. As we have covered in several prior posts, the networks are seeking to prevent what they claim is unauthorized infringing use of their broadcast television programming over the internet. Judge Nathan denied the motion, citing the Second Circuit’s prior opinion in Cartoon Network LP, LLLP v. CSC Holdings, Inc., 536 F.3d 121 (2d Cir. 2008). The Second Circuit affirmed Judge Nathan’s ruling, holding that she “correctly concluded that Aereo’s system is not materially distinguishable from the system upheld in Cartoon Network.” In a lengthy dissent, Judge Chin disagreed, calling Aereo’s technology a “sham” to avoid the copyright laws.
Continue Reading Second Circuit Affirms Judge Nathan’s Denial of Television Networks’ Motion for Preliminary Injunction