Aereo, the start-up that streams live TV to mobile devices for $8 month, can stream in New York for the foreseeable future, after an appeals court refused to revisit its earlier 2-1 decision that declared the service legal.
In a decision issued on Tuesday morning, the US Court of Appeals for the Second Circuit refused a request brought by CBS and other major broadcasters to rehear the appeal before a full panel of judges. The majority opinion simply stated that a poll of judges revealed that a majority of judges did not wish to rehear the matter, and that was the end of it.
In an unusual dissent, however, Judge Denny Chin declared Aereo to be a “sham” and warned that it was harming the television industry. The nearly 30-page dissent followed Chin’s earlier objections, which he set out in the 2nd’s earlier ruling, upholding the case. He added:
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