In an eleventh hour attempt to save its business following the Supreme Court’s ruling that it was illegal, Aereo changed its tune and claimed to be a cable provider in a court filing last month. But the Second Circuit Court Of Appeals isn’t hearing it.
The Washington Post reported Thursday that the court denied the company’s request to reconsider the case, classifying the streaming service as a cable provider that would pay royalty fees. As the opposing broadcast companies pointed out, it was a long shot for the company that repeatedly argued that it was not a cable company in its defense to both the Supreme Court and lower courts.
The ruling doesn’t have many immediate implications for Aereo, which already shut down its services in the days following the Supreme Court’s decision that it was illegal. The Post reported Aereo can continue to pursue the case in district court.
And although the company’s CEO famously said it didn’t have a “plan B,” the company continues to have a few — albeit unpromising — other options up its sleeve.
In July it led a push for users to lobby their representatives to change existing copyright laws so that the service would be legal. But with a divided Congress heading into a midterm election season, that option does not seem like it will yield any results for the company anytime soon.
The other alternative Aereo has is to change the service it offers. In the past legal experts have said the company could continue to operate if it served more as a DVR system and didn’t stream TV live.
The cable companies definitely won this battle, and Aereo’s chances of winning the war are looking slimmer.