We
previously reported on the
Supreme Court's recent decision on June 25, 2014 that
Aereo, Inc.'s internet television service infringed the
copyright of the programs being transmitted by the service. In
holding that Aereo was doing more than simply providing antenna
access to its customers, Justice Breyer identified
"Aereo's overwhelming likeness to the cable
companies" that are subject to regulation under the 1976
Copyright Act. Following the opinion, Aereo suspended its service
temporarily, but saw in Justice Breyer's language a potential
silver lining in an otherwise grim cloud.
On July 9, 2014, in a letter to the Southern District of New
York, to which the matter is being remanded, Aereo announced that,
if it was going to bear the burdens of a cable company, it should
also enjoy the benefits. As a cable company, Aereo argued that it
was entitled to take a compulsory license under 17 U.S.C. § 111, which would prevent the
issuance of an injunction against its
