Earlier this summer, the Supreme Court overturned a favorable district court ruling, finding that Aereo’s television streaming service violated U.S. Copyright law.  After the 6-3 decision, the case was remanded to the Second Circuit Court of Appeals.  There, Aereo argued that the court should treat the company like a cable system, which would allow the streaming service to obtain a statutory license for transmitting programming to its subscribers.

On August 21st, the Second Circuit refused to hear Aereo’s cable system argument and remanded the case to the district court.  It will now be up to the district court to decide whether Aereo’s “cable system” argument has any credibility.

While Aereo is entitled to continue its legal battle, the decision marks another major win for broadcasters.  After its Supreme Court loss, Aereo shuttered its streaming service and has posted a “goodbye” letter on its website.  It also promised to refund customers for their last paid month.  It’s possible that Aereo could redesign its service to look more like a DVR system, bringing it within the bounds of copyright law, but it seems unlikely that Aereo will choose that route.

While the service may be discontinued, Aereo’s advocacy website remains up and running.

Robyn Mohr