[telecom] Appeals Ct. won't take "Aereo" case, so lower ruling stands

[danny burstein]

[Crains NY]

Appeals court said it won't review Aereo case

The broadcast television networks lost a bid to have the case against the
online TV service reheard. The U.S. Court of Appeals in New York had ruled
that Aereo doesn't violate networks' copyrights for programs.
=======
rest:
http://www.crainsnewyork.com/article/20130716/MEDIA_ENTERTAINMENT/130719919

_____________________________________________________
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[Neal McLain]

Aereo Update: Second Circuit Nixes En Banc Review
Posted on Common Law Blog on July 16, 2013 by Harry Cole, Fletcher Heald &
Hildreth Law Firm

> Procedural rejection does not resolve merits of broadcasters' case.
>
> Put another one in the "W" column for Aereo. The Second Circuit has
> denied the petition for en banc review filed by the broadcast
> plaintiffs last April.
>
> It may be some comfort to the broadcasters that the Court's decision
> technically did not address the merits of the case. That's because
> of the nature of en banc procedures. As we previously summarized
> that process, when a petition for en banc review is filed, the
> petition is circulated to all the active judges on the Circuit. If
> any of them asks for a vote to be taken on whether or not to grant
> en banc review, then all the active judges are polled. Note that
> they're not polled on the bottom line substantive issue(s) involved;
> rather, they're just polled on the limited question of whether the
> Court should agree to let the parties slug it out before the full
> Court.

Continued: http://tinyurl.com/mc5zlu4

Neal McLain