ABC v. Aereo, Inc. When is Internet Distribution a "Public Performance" under Copyright Law?
26 July 2012TMT Alert
On July 11, 2012, the U.S. District Court for the Southern District of New York denied the request of broadcasters and content owners to issue a preliminary injunction requiring Aereo to immediately stop providing its subscribers with access to copyrighted content over the Internet.1 A preliminary injunction is an “extraordinary” remedy, requiring the moving party to present both a strong case under the applicable law and compelling equitable arguments. In this case, the primary grounds upon which the Judge issued her decision was her determination that the plaintiffs’ legal arguments are likely to fall short.