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WNET, Thirteen v. Aereo, Inc.

United States Court of Appeals for the Second Circuit

712 F.3d 676 (2013)

Facts

Aereo, Inc. (defendant) was a company that enabled its subscribers to watch and record broadcast television programming over the internet. Aereo used antennas to capture over-the-air broadcasts, and Aereo then created unique digital copies of these broadcasts on a portion of a hard drive assigned to individual users who requested to watch or record a particular program. Each transmission was technically unique to a given user. Two groups who held copyrights in programs broadcast over network television (the copyright holders) (plaintiffs) sought a preliminary injunction against Aereo in federal court. The copyright holders alleged that Aereo’s transmissions constituted public performances of copyrighted works in violation of the Copyright Act. The district court denied the copyright holders’ motion for an injunction. The copyright holders appealed. The United States Court of Appeals for the Second Circuit granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Droney, J.)

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Dissent (Chin, J.)

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