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American Broadcasting Companies, Inc. v. Aereo, Inc.

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Docket No. Op. Below Argument Opinion Vote Author Term
13-461 2d Cir. Apr 22, 2014 Jun 25, 2014 6-3 Breyer OT 2013

Holding: Aereo publicly performs copyrighted works, in violation of the Copyright Act’s Transmit Clause, when it sells its subscribers a technologically complex service that allows them to watch television programs over the Internet at about the same time as the programs are broadcast over the air.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Breyer on June 25, 2014. Justice Scalia filed a dissenting opinion in which Justice Thomas and Justice Alito joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 11 2013Petition for a writ of certiorari filed. (Response due November 12, 2013)
Nov 4 2013Consent to the filing of amicus curiae briefs, in support of either party or of neitiher party, received from counsel for the respondent.
Nov 5 2013Order extending time to file response to petition to and including December 12, 2013.
Nov 6 2013Consent to the filing of amicus curiae breifs, in support of either party or of neither party, received from counsel for the petitioners.
Nov 8 2013Brief amicus curiae of The Media Institute filed.
Nov 12 2013Brief amici curiae of The American Society of Composers, Authors, and Publishers (ASCAP), et al. filed.
Nov 12 2013Brief amici curiae of The National Association of Broadcasters, et al. filed.
Nov 12 2013Brief amicus curiae of Washington Legal Foundation
Nov 12 2013Brief amici curiae of Time Warner Inc., and Warner Bros. Entertainment Inc. filed.
Nov 12 2013Brief amici curiae of National Football League, and Major League Baseball filed.
Nov 12 2013Brief amici curiae of Viacom, Inc., et al. filed.
Nov 12 2013Brief amici curiae of Copyright Alliance, and Various Professors filed.
Dec 12 2013Brief of respondent Aereo, Inc., fka Bamboom Labs, Inc. in opposition filed.
Dec 23 2013Reply of petitioners American Broadcasting Companies, Inc., et al. filed.
Dec 24 2013DISTRIBUTED for Conference of January 10, 2014.
Jan 10 2014Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
Feb 3 2014Motion for leave to intervene filed by FilmOn X, LLC, et al.
Feb 7 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Feb 10 2014Opposition of respondent to motion to intervene
Feb 11 2014SET FOR ARGUMENT ON Tuesday, April 22, 2014
Feb 12 2014Motion DISTRIBUTED for Conference of February 28, 2014.
Feb 12 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Feb 18 2014Reply of FilmOn X LLC to respondent's opposition to motion to intervene.
Feb 24 2014Joint appendix filed.
Feb 24 2014Brief of petitioners American Broadcasting Companies, Inc., et al. filed.
Feb 26 2014Brief amicus curiae of The Media Institute filed.
Feb 27 2014Record received from U.S.C.A. 2nd Circuit, a portion of this record is SEALED. This record is electronic (Not PACER).
Feb 27 2014Brief amici curiae of Professors Peter S. Menell and David Nimmer filed.
Feb 28 2014Record received from U.S.D.C. Southern District of New York (1Box), this record is SEALED.
Mar 3 2014Motion for leave to intervene filed by FilmOn X, LLC, et al. DENIED. Justice Alito took no part in the consideration or decision of this motion.
Mar 3 2014Brief amici curiae of The American Society of Composers, Authors and Publishers (ASCAP), et al. filed.
Mar 3 2014Brief amicus curiae of American Intellectual Property Law Association filed.
Mar 3 2014Brief amici curiae of The National Association of Broadcasters, et al. filed.
Mar 3 2014Brief amicus curiae of BSA / The Software Alliance in support of neither party filed.
Mar 3 2014Brief amicus curiae of the United States filed.
Mar 3 2014Brief amici curiae of Center for Democracy & Technology, et al. in support of neither party filed.
Mar 3 2014Brief amici curiae of Viacom, Inc., et al. filed.
Mar 3 2014Brief amicus curiae of Washington Legal Foundation filed.
Mar 3 2014Brief amici curiae of National Football League and Major League Baseball filed.
Mar 3 2014Brief amicus curiae of Cablevision Systems Corp. filed.
Mar 3 2014Brief amici curiae of Copyright Alliance and Various Professors filed.
Mar 3 2014Brief amicus curiae of Ralph Oman, Former Register of Copyrights of the United States filed.
Mar 3 2014Brief amicus curiae of New York Intellectual Property Law Association filed.
Mar 3 2014Brief amici curiae of Screen Actors Guild-American Federation of Television and Radio Artists, et al. filed.
Mar 3 2014Brief amicus curiae of The Patent, Trademark & Copyright Section of the Bar Association of the District of Columbia in support of neither party filed.
Mar 3 2014Brief amici curiae of International Center for Law & Economics, et al. filed.
Mar 3 2014Brief amici curiae of International Federation of the Phonographic Industry (IFPI), et al. filed.
Mar 3 2014Brief amici curiae of Time Warner Inc. and Warner Bros. Entertainment Inc. filed.
Mar 10 2014CIRCULATED.
Mar 12 2014Motion of the Deputy Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 26 2014Brief of respondent Aereo, Inc., fka Bamboom Labs, Inc. filed. (Distributed)
Apr 1 2014Brief amici curiae of Small and Independent Broadcasters filed. (Distributed)
Apr 2 2014Brief amici curiae of Computer & Communications Industry Association and Mozilla Corporation filed. (Distributed)
Apr 2 2014Brief amici curiae of FilmOn X, LLC, et al. filed. (Distributed)
Apr 2 2014Brief amici curiae of DISH Network L.L.C., et al. filed. (Distributed)
Apr 2 2014Brief amici curiae of 36 Intellectual Property and Copyright Law Professors filed. (Distributed)
Apr 2 2014Brief amici curiae of Law Professors and Scholars filed. (Distributed)
Apr 2 2014Brief amici curiae of The Consumer Federation of America, et al. filed. (Distributed)
Apr 2 2014Brief amicus curiae of American Cable Association filed. (Distributed)
Apr 2 2014Brief amici curiae of The Electronic Frontier Foundation, et al. filed.
Apr 2 2014Brief amici curiae of Competition Law Professors, et al. filed. (Distributed)
Apr 14 2014Reply of petitioners American Broadcasting Companies, Inc., et al. filed. (Distributed)
Apr 16 2014Justice Alito is no longer recused in this case.
Apr 18 2014Motion of the Deputy Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 22 2014Argued. For petitioners: Paul D. Clement, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: David C. Frederick, Washington, D. C.
Apr 23 2014Letter from counsel for the respondents filed. (Distributed)
Jun 25 2014Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.
Jul 28 2014JUDGMENT ISSUED.
Jul 28 2014Record returned for U.S.D.C. Southern District of New York.