Federal Judge Nathaniel M. Gorton today issued a ruling in the United States District Court for the District of Massachusetts, Hearst Stations Inc. d/b/a WCVB-TV v. Aereo, Inc. Civil Action No. 13-11649-NMG, in favor of Aereo, denying the plaintiff its motion for a preliminary injunction against the company. In his decision, Judge Gorton concludes, “After considering the relevant factors, the Court finds that a preliminary injunction is unwarranted. Hearst has not demonstrated a sufficient likelihood of success on the merits nor the requisite irreparable harm and therefore it is not entitled to that ‘extraordinary and drastic remedy.’” After a careful review and analysis of the claims advanced by plaintiff, the Court stated that, “Hearst fails to make a sufficient showing that it is likely to prevail on any of [its] claims and therefore this factor weighs against a preliminary injunction in its favor.”
“Today’s decision, coupled with the decisions in favor of Aereo in the Southern District of New York (July 11, 2013) and the Second Circuit Court of Appeals (April 1, 2013 and July 16, 2013), shows that when you comply not only with the letter, but the spirit of the law, justice will prevail,” said Aereo CEO and Founder Chet Kanojia. “Today’s victory belongs to the consumer and today’s decision, makes clear that that there is no reason that consumers should be limited to 1950s technology to access over-the-air broadcast television. Using Aereo, a consumer can simply and easily use an individual remote antenna and cloud DVR via the Internet to record and watch-over-the air programs.”
In addition to the Court’s denial of the plaintiff’s motion for a preliminary injunction, the court also denied Aereo’s motion to transfer the case to New York.
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Virginia Lam, VP Communications
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