Less than a week after a US District Court in Utah ruled that Internet TV streaming service Aereo was in violation of copyright law and must cease operation in six states, the Barry Diller-backed operation service has won a 14-day reprieve.
Aereo sought a stay of the court’s entry of a preliminary injunction pending Aereo’s appeal to the Tenth Circuit Court of Appeals, or as an alternative, requested that the court stay entry of the injunction for fourteen days to allow the Tenth Circuit sufficient time to rule on an emergency motion to stay. The purpose of a stay is to preserve the status quo pending appeal.
“The court also recognizes that harms are accruing to Plaintiffs every day and enforcement of the copyright laws is a clear public benefit to the public as a whole,” said District Judge Dale Kimball in his decision.
In addition, Kimball ordered the broadcaster plaintiffs to post a $150,000 bond before any injunction could take effect. Aereo and the broadcasters are set to present their respective cases at the Supreme Court on April 22.
Kimball’s decision denied Aereo a stay pending appeal, but found “some benefit” in allowing Aereo’s customers uninterrupted service pending the Tenth Circuit’s decision on an emergency motion to stay. “Therefore, notwithstanding the many factors weighing against a stay, the court, in its discretion, grants Aereo a temporary 14-day stay,” he said. The decision allows Aereo to continue operating in Utah, New Mexico, Colorado, Oklahoma, Wyoming and Montana, in advance of the Tenth Circuit decision.