Aereo Lays Out New Survival Strategy in Letter to Judge

In a letter to US District Judge Alison Nathan, Aereo hints at a new plan.

"Under the Second Circuit’s precedents, Aereo was a provider of technology and equipment with respect to the near-live transmissions at issue in the preliminary injunction appeal," writes its lawyers. "After the Supreme Court’s decision, Aereo is a cable system with respect to those transmissions." And the implications of Aereo now wrapping itself under the cable system banner? "If Aereo is a 'cable system' as that term is defined in the Copyright Act, it is eligible for a statutory license, and its transmissions may not be enjoined (preliminarily or otherwise)," continues its lawyers.

Aereo reports that it is proceeding to file the necessary statements of account and royalty fees, and asserts that the Supreme Court's decision has overruled the 2nd Circuit decision in Ivi, a predecessor digital TV transmitter which once attempted to gain legitimacy through the paying of compulsory license fees. Even if the judge doesn't accept the argument, Aereo says there are still issues to be addressed about the "scope" of any preliminary injunction.