Oral Argument Set on Nationwide Preliminary Injunction Against Aereo

Oral arguments on whether a nationwide preliminary injunction against Aereo should be issued while the broadcasters’ case against the streaming service is tried on the merits will be in U.S. District Court in Manhattan Wednesday, said court filings in the case. Aereo has “paused operations nationally” on its own, but has argued that the court should not issue such an injunction, and argued that it should receive the same compulsory copyright license issued to cable companies. "Aereo is entitled to a compulsory license under the Copyright Act, and no preliminary injunction should issue on remand," Aereo has said. Aereo’s argument is based on the majority opinion in the ABC v. Aereo U.S. Supreme Court decision in broadcasters' favor in June (ref:1409040014), which said Aereo’s service bore a close resemblance to a cable system and should therefore be bound by the same copyright and retransmission consent rules. The U.S. Copyright Office has said it doesn't believe Aereo is eligible for a compulsory copyright license. Aereo has also taken to the FCC its argument that it's a multichannel video programming distributor (MVPD), meeting with Chairman Tom Wheeler, Commissioner Ajit Pai, and numerous commission staffers, including Media Bureau Chief Bill Lake, General Counsel Jonathan Sallet, and aides to Commissioners Mignon Clyburn, Jessica Rosenworcel and Mike O’Rielly. The meetings concerned reports that the commission is re-opening a proceeding on whether over-the-top video providers should be considered MVPDs, said an ex parte filing Friday (http://bit.ly/1z89QEa). “We believe that clarifying the MVPD definition to narrowly include linear online video services like Aereo’s would have clear benefits to consumers, creators and distributors alike,” said Aereo CEO Chet Kanojia in a post on the Aereo website. Meaningful competition for regular MVPDs from over-the-top providers “can only materialize and develop into a sustainable business in a stable and certain regulatory environment,” said the ex parte. “Timely” FCC issuance of an NPRM on redefining online services as MVPDs action “is crucial” to Aereo’s ability to bring a competing OTT service to market, the ex parte said.