Aereo

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Aereo scored another win with a MA federal court ruling against Hearst -owned station WCVB, the ABC affil in Boston. The court denied the request for preliminary injunction from the broadcaster, which alleged Aereo violated public performance rights. The judge ruled that the broadcaster failed to "make a sufficient showing that it is likely to prevail on any of its claims…" The court also denied Aereo’s motion to transfer the case to NY, saying "Hearst’s decision to limit the scope of the suit to WCVB’s local programming and Aereo’s local activities also weights in favor of resolving the suit here rather than in New York." Hearst can appeal the case to the 1st Circuit Court of Appeals. The importance of the ruling is that it’s Aereo’s 1st victory outside the 2nd Circuit appeals court (which covers NY) where it has relied heavily on the "binding precedent of a Cablevision remote DVR case to beat back broadcaster requests for injunctive relief," Stifel Nicolaus analysts wrote, noting broadcasters are reportedly planning to ask the Supreme Court to reverse the 2nd Circuit decision favoring Aereo. The analysts expect Aereo to cite the absence so far of a circuit split over its litigation to argue that the high court should not review the case. Separately, Aereo, currently available in NYC, Boston, Atlanta, Salt Lake City, Miami, Houston and Dallas, announced its service will be available for Android users starting Oct 22. The app, which will be released in a public beta, will be compatible with devices running Android OS 4.2 or higher.

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