The federal court rejected Aereo's request to stay the injunction while it prepares its appeal, claiming "Aereo has not made a strong showing that it is likely to succeed on the merits of its appeal. Nor has Aereo demonstrated that the other factors weigh in its favor."
Aereo, which costs $8 per month, allows users to watch free, OTA content on any mobile device along with a free remote DVR. Aereo does not pay any re-transmission fees as it uses tiny digital TV antennas for each user in its own facilities and links to the streams.
Reads the message from Aereo:
On February 25, the District Court in Utah granted a preliminary injunction against Aereo in the Tenth Circuit of the United States, which includes Utah and Colorado. On March 7, the Tenth Circuit Court of Appeals denied, 2:1, Aereo's request to stay that injunction. This means that for the time being, we will have to cease providing our services to you, our valued customers in the Salt Lake City and Denver markets, beginning at 10:00 a.m. on Saturday, March 8.
We are extremely disappointed that the District Court in Utah has chosen to take a different path than every other Court that has reviewed the Aereo technology.
Consumers have a fundamental right to watch over-the-air broadcast television via a modern antenna and to record copies for their personal use. The Copyright Act provides no justification to curtail that right simply because the consumer is using modern, remotely located equipment.
We are very sorry for the effect that this decision has on you and we look forward to presenting our case to the U.S. Supreme Court and ultimately restoring your ability to use Aereo. In the meantime, we are issuing a full refund for the current month to you, our customers in Salt Lake City and Denver. We commit to letting you know as soon as we have more information about the future of Aereo in your market.
We are unwavering in our belief that Aereo's technology falls squarely within the law and we look forward to continuing to serve you. This is an ongoing battle, but together we can to protect innovation, progress, and consumer choice.
Written by: Andre Yoskowitz @ 9 Mar 2014 23:54