When Aereo launched its TV-over-Internet business based on tiny antennas, it drew quick legal attack from broadcasters, who have said Aereo’s scheme breaks copyright laws.
But Aereo has won every key legal battle since, beating the TV companies in federal courts in New York and Boston as well as at a key appeals court—twice. Aereo has relied on the landmark 2008 Cablevision case, which ruled that use of a remote-DVR is legal and doesn’t constitute a “public performance” under copyright law.
TV executives are livid over the Aereo wins and have even made outlandish claims that they may go off the air if Aereo keeps winning. In October, lawyers for the major TV networks sent a petition asking for the Supreme Court to consider the case.
Today Aereo filed its response brief (PDF), and it takes a surprising position. Usually a company that experiences a total win on appeal, as Aereo did, would want the Supreme Court to not take their case. But Aereo argued just the opposite, saying that while the decision at the 2nd Circuit was spot-on, the Supreme Court should go ahead and consider it as well.
If SCOTUS upholds the 2nd Circuit’s decision, you’re going to see some major changes in the TV business.