Broadcast networks are now battling two streaming TV start-ups that transmit their content without permission.
“Alki David, the provocative media entrepreneur who recently launched an Aereo-like streaming TV service called BarryDriller.com, may have unintentionally just done broadcasters a huge favor in their fight to stop both online video services,” reports Adweek.
“That’s because instead of solely banking on a favorable legal outcome against Aereo in New York, broadcasters now have a second suit in a different jurisdiction,” explains the post.
This could potentially provide two routes for appeal to the Supreme Court if either lower court decides against them.
ABC, CBS and NBC have joined the FOX lawsuit against BarryDriller.com in a federal court in California. The networks are already seeking to stop the Barry Diller-backed Aereo service in a New York federal court.
“The problem the networks had in New York, they were trying to swim upstream to get away from the Cablevision decision,” notes David Wittenstein, partner and head of the communications practice for Dow Lohnes. “If you’re the networks, you go to another court in another part of the country. You start with a clean slate.”
“I wouldn’t be surprised if the Supreme Court overturned the underpinnings of Cablevision,” comments Mary Rasenberger, partner with Cowan, DeBaets, Abrahams & Sheppard. “The Supreme Court has a more holistic view of copyright than the lower courts do.”
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