They may be down but Aereo are certainly not out, and a new strategy being used by them may mean they begin streaming again as a cable company.
A month ago when Aereo lost it’s Supreme Court case, part of it’s defense was that it wasn’t a cable company. B ut the court thought differently stating that Aereo were, “substantially similar” to a cable TV company. That helped to condemn Aereo to both a defeat and a shutting down of it’s re-streaming service.
But the latest twist is that Aereo are taking that ruling and are seeking a “compulsory license” to broadcast programming, just like a cable company can.
In a letter sent to Judge Alison Nathan, who is in charge of overseeing the litigation between the two parties, Aereo say that by it’s own interpretation of the law, they should be treated a cable company and be able to license programming and pay a, “statutory royalties” set by the government.
The Aereo letter says that, “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.”
So maybe a small chance of Aerreo returning, although with royalties to pay, would they have to put up subscription charges and become as expensive as cable?