SDNY Denies Copyright Infringement Preliminary Injunction Against AEREO | Practical Law
In American Broadcasting Cos. v. AEREO, Inc., the US District Court for the Southern District of New York denied the plaintiff television production and broadcasting companies' motion for a preliminary injunction against AEREO, Inc., which was based on their claim that Aereo's transmissions of television programming over its internet playback platform were public performances in violation of the plaintiffs' copyrights. The SDNY relied on the Second Circuit's decision in Cartoon Network LP v. CSC Holdings, Inc. (Cablevision) in ruling that, because Aereo's creation and transmission of single-user-only copies of television programs was not a "public" performance under Sections 101 and 106(4) of the US Copyright Act, the plaintiffs failed to show a likelihood of success on the merits of their copyright infringement claim.