CBS Asks New York Court to Dismiss Aereo's Lawsuit

Earlier this month, Aereo sued various CBS stations over its expansion plans and cited comments from CBS executives as evidence of a controversy that needed resolution. Aereo sought a declaration on the legality of its system of capturing television signals for enjoyment on subscribers' digital devices.

On May 28, the broadcasters filed a response. The defendants blast Aereo's "gamemanship," and declaring no actual controversy.... yet ... they explain away CBS executive comments and push a New York judge to dismiss Aereo's complaint as improper forum shopping on "future activities." CBS defendants say they know why Aereo would prefer to make the case in New York. "Aereo clearly fears that circuits outside the Second Circuit, which are not bound by the Cablevision and Aereo decisions, will follow the lead of Judge Wu, and asks this Court to prevent that from happening," says the CBS broadcasters in their memorandum. The CBS defendants say that Aereo can't simply race to the courthouse for a declaratory judgment to gain a procedural advantage. If Aereo is to be sued, Aereo shall have the pleasure of being sued. Or as the defendants put it, "If the threat of litigation is as imminent as Aereo claims, it will have every opportunity to defend its actions if and when it launches in other cities and if it is sued in those jurisdictions."