Court Denies CBS Request to Rehear Aereo Case - The UpStream

Court Denies CBS Request to Rehear Aereo Case

posted Sunday Jul 21, 2013 by Nicholas DiMeo

Court Denies CBS Request to Rehear Aereo Case

Even after the courts ruled in favor of Aereo in the appeal hearing, CBS still wasn't happy about it. In fact, the broadcasting company filed a complaint against Aereo for winning the appeal, in which Aereo responded by filing a complaint against CBS for complaining. Despite the nonsense, the case is still ongoing due to CBS' relentless effort to cling onto their old ways. This week, however, Barry Diller and Aereo scored another victory.

The US Court of Appeals for the Second Circuit flat-out refused CBS and Disney's request to rehear the entire case again, but this time in front of a full panel of judges. Here's how it went down: apparently, judges can be polled on if they wish to rehear a trial and, if the majority of judges do not wish to participate, the court will not hear the case again. That's a pretty cut-and-dry way of handling a re-appeal.

Everything isn't perfect, though, as Judge Denny Chin decided to issue a 30-page dissent on the matter, in which he wrote that Aereo is actually a "sham" and the company is a menace to the entire broadcast space. This adds to his previous negative remarks toward the company back in April. In this report, he said,

Indeed, the hardware and technology in Cablevision and the antennas and wiring at issue here are fast becoming obsolete in this era of the "Cloud" and wireless technology. Courts should follow Congress's lead and resist the urge to look "under the hood" at how these processes technically work.

The company is also fighting legal battles in Massachusetts, Virginia and soon Atlanta. The good news is that the case has not reached the Supreme Court and it won't. What that means is Aereo will be legal in each state it wins a potential case in. Ironically enough, the company has yet to bring up the Slingbox being legal, but it appears they're saving their heavy artillery for the later battles.

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