Federal Judge Nathaniel M. Gorton has issued a ruling in the US District Court for the District of Massachusetts in favour of Aereo, denying a preliminary injunction against the company.
The case involved is Hearst Stations Inc. d/b/a WCVB-TV v. Aereo, Inc. Civil Action No. 13-11649-NMG in which the broadcaster was seeking a preliminary injunction against Aereo.
In his decision, Judge Gorton concludes, “After considering the relevant factors, the Court finds that a preliminary injunction is unwarranted. Hearst has not demonstrated a sufficient likelihood of success on the merits nor the requisite irreparable harm and therefore it is not entitled to that ‘extraordinary and drastic remedy.’”
After a careful review and analysis of the claims advanced by plaintiff, the Court stated that, “Hearst fails to make a sufficient showing that it is likely to prevail on any of [its] claims and therefore this factor weighs against a preliminary injunction in its favor.”
“Today’s decision, coupled with the decisions in favor of Aereo in the Southern District of New York (July 11, 2013) and the Second Circuit Court of Appeals (April 1, 2013 and July 16, 2013), shows that when you comply not only with the letter, but the spirit of the law, justice will prevail,” said Aereo CEO and Founder Chet Kanojia.
“Today’s victory belongs to the consumer and today’s decision, makes clear that that there is no reason that consumers should be limited to 1950s technology to access over-the-air broadcast television. Using Aereo, a consumer can simply and easily use an individual remote antenna and cloud DVR via the Internet to record and watch-over-the air programs.”
In addition to the Court’s denial of the plaintiff’s motion for a preliminary injunction, the court also denied Aereo’s motion to transfer the case to New York.
In a related development, Aereo has announced that the service will be available for Android users starting on October 22. The app, which will be released in a public beta, will be compatible with phones, phablets, and tablets running Android operating system 4.2 or higher.
Aereo is currently available in New Orki City, Boston, Atlanta, Salt Lake City, Miami, Houston and Dallas.
