Tenth Circuit to Aereo: That's Right, NOT in this Circuit! [telecom]

[Neal McLain]

By FHH Law, CommLawBlog, March 8, 2014

Aereo's losing streak continues.

Readers will recall that last month a U.S. District Judge in Utah
granted broadcasters' motion for an injunction preventing Aereo from
operating in the six states that comprise the Tenth Circuit. Not
surprisingly, Aereo appealed that decision to the U.S. Court of
Appeals for the Tenth Circuit. Acting on an expedited basis, a
three-judge panel from the Circuit has turned Aereo down.

As a result, Aereo is now required to shut down operations in Utah,
Colorado, Kansas, New Mexico, Oklahoma and Wyoming at least until the
Supreme Court decision on Aereo's Second Circuit case comes down,
likely in late June. And if the Supremes reverse the Second Circuit
and hold instead for the broadcasters, Aereo may not be able to crank
back up at all.

The Tenth Circuit's decision denying Aereo relief from the injunction
is unexceptional -- two pages long, which is par for the course in
such orders. But it does underscore a continuing theme running
through the extended Aereo/FilmOn X litigation: in reaching its
conclusion that Aereo is not likely to succeed on the merits, the
three-judge Tenth Circuit panel split 2-1. In other words, there
continues to be disagreement among federal judges relative to the
merits of the opposing arguments here.

Which, of course, merely heightens the likely drama at the Supreme
Court. Stay tuned.

Continued: http://www.commlawblog.com/2014/03/articles/broadcast/tenth-circuit-to-aereo-thats-right-not-in-this-circuit/index.html
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Neal McLain