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Another blow for Aereo

US internet TV start-up Aereo has again been barred from streaming live television to subscribers after a federal judge ruled it had violated broadcasters’ copyrights.

Aereo was forced to cease operations in June after the US Supreme Court ruled that its method of using ‘personal antennas’ to give customers access to US broadcast networks without the need for a DTH subscription breached copyright law.

The firm has since been pushing the courts to be reclassified as a cable company to allow it to gain a suitable licence for its streaming service and has also met with the Federal Communications Commission in an attempt to be reclassified as a multichannel video provider, allowing it to retransmit TV signals for a fee.

But yesterday New York District Judge Alison Nathan granted broadcasters NBC, ABC, Fox and CBS a request for a temporary restraining order against the service.

“Doing its best to turn lemons into lemonade, Aereo now seeks to capitalise on the Supreme Court’s comparison of it to a (cable) system,” Nathan said in her ruling. Aereo’s contention that this means it actually is a cable system is a “fallacy,” she added.

Since her ruling now matches decisions against Aereo in other parts of the country, she said the broadcasters are entitled to a nationwide preliminary injunction. “Aereo cannot claim significant hardship if an injunction issues, while Plaintiffs can still claim harm if an injunction does not issue,” she said.

Aereo launched in 2012 with an initial US$20.5m investment led by former Fox CEO Barry Diller’s IAC, which was involved in two subsequent rounds of US$38m and US$34m.

However, the service, which charged users US$8 per month, attracted the ire of US broadcasters, which pursued it through every tier of the legal system.

“We are reviewing the decision and evaluating our options moving forward,” an Aereo spokeswoman said in a statement.

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