Yesterday Aereo announced that it will not oppose the petition by the major broadcast TV networks (formally a "petition for a writ of certiorari") for a U.S. Supreme Court review of a ruling last May in Aereo’s favor. In that instance, the broadcasters were thrown for a pretty significant loss by Aereo when the U.S. Circuit Court of Appeals for the Second Circuit ruled preliminarily that Aereo’s business should not be halted due to alleged violations of the copyrights of broadcasters.
Normally it is big news when two sides so diametrically opposed like Aereo and the broadcasters seek (or at least willingly accept) review from the Supremes. But in this case there may be less than meets the eye (at least from a litigation perspective - see below).
When we last left Aereo in its battles with the broadcast TV networks, our trusty (or not so trusty - it's complicated) over-the-top service was in the midst of a maelstrom of litigation and new market rollouts. The dynamic has only gotten more heated, highlighted by the broadcasters' petition for relief from the U.S. Supreme Court filed just over a week ago.
For all of the attention of the broadcasters petition to the Court, the finish line here is far from in sight. The Court is not obligated to take this case, and in fact grants less than 2% of all 'cert' petitions. The broadcasters are seeking resolution of what they say is a 'split' among Circuit Courts, which is certainly a well-established basis for the Court to step in. Yet to date no other appellate court has ruled in opposition to the 2d Circuit - only other lower district courts. So while I would fully expect the Court to eventually take this case, the timing may not be ripe in their eyes. So we may well be back to sorting through the continuing morass for some time. So what is happening in the hinterlands?