Supreme Court Won't Hear Ivi Challenge

Second Circuit injunction against TV streaming service stands

By John Eggerton -- Broadcasting & Cable, 3/18/2013 6:02:57 PM

The Supreme Court Monday denied ivi's request that the court review the Second Circuit Court of Appeals decision last summer upholding an injunction against the company's streaming of TV station signals over the Internet without permission.

The United States District Court for the Southern District of New York had granted the injunction on the grounds that programmers were likely to win their challenge on the argument that ivi was not a cable system entitled to a compulsory license, and that those programmers, which included major studios, networks and broadcast groups, would suffer irreparable harm.

The federal appeals found no reason to reverse that decision and the Supreme Court apparently found no reason to review that decision.

"NAB is pleased the Supreme Court refused to review the finding that ivi's unauthorized retransmission of TV programming over the Internet without the permission of  content owners is illegal," said the National Association of Broadcasters.

Among those seeking the original injunction were Among those filing for the injunction were NBC, CBS, Fox, ABC, The CW, PBS, Tribune, Univision and Fischer, as well as the commissioner of baseball and studios associated with the major nets/owned station groups.

Broadcasters continue to battle against what they see as unauthorized or illegal re-use of their signals online, most notably by Aereo TV, which claims it is simply providing online access to remote antennas providing the free over-the-air signals their customers are entitled to.