American Broadcasting Companies, Inc. v. Aereo, Inc.
| 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
- Symposium: Aereo decision injects uncertainty into copyright (Mitch Stoltz, June 27, 2014)
- Symposium: Preferring substance over form and nature over manner, Supreme Court finds that Aereo runs afoul of the purposes of the Copyright Act (Eleanor Lackman, June 26, 2014)
- Symposium: A win, though a narrow one (thanks to Breyer, J.), for copyright owners (David Post, June 26, 2014)
- Symposium: Series finale for Aereo, but will there be a spin-off? (Terry Hart, June 26, 2014)
- Symposium: Aereo copyright decision creates uncertainty for the Cloud (Matthew Schruers, June 26, 2014)
- Symposium: Aereo, disruptive technology, and statutory interpretation (Peter Menell and David Nimmer, June 26, 2014)
- How copyright law blocks cheap Internet TV: In Plain English (Tom Goldstein, June 26, 2014)
- Opinion analysis: A clever new technology thwarted -- for now (Lyle Denniston, June 25, 2014)
- But what about the cloud? The Aereo argument in Plain English (Amy Howe, April 24, 2014)
- A view from the Court: Big arguments, preceded by an even bigger opinion (Mark Walsh, April 22, 2014)
- Argument analysis: Slipping down the digital slope (Lyle Denniston, April 22, 2014)
- An audio discussion with the players in the Aereo broadcasting fight (Kali Borkoski, April 21, 2014)
- Aereo -- Just the middleman, or a scofflaw? In Plain English (Amy Howe, April 21, 2014)
- Argument preview: Free TV, at a bargain price? (Lyle Denniston, April 19, 2014)
- Alito rejoins the Court in two cases (Lyle Denniston, April 16, 2014)
- Petition of the day (Mary Pat Dwyer, January 2, 2014)
- Review of streaming TV issue urged (Lyle Denniston, December 13, 2013)
- Challenge to streaming TV (Lyle Denniston, October 24, 2013)
| Date | Proceedings and Orders |
|---|---|
| 10/11/2013 | Petition for a writ of certiorari filed. (Response due November 12, 2013) |
| 11/04/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neitiher party, received from counsel for the respondent. |
| 11/05/2013 | Order extending time to file response to petition to and including December 12, 2013. |
| 11/06/2013 | Consent to the filing of amicus curiae breifs, in support of either party or of neither party, received from counsel for the petitioners. |
| 11/08/2013 | Brief amicus curiae of The Media Institute filed. |
| 11/12/2013 | Brief amici curiae of The American Society of Composers, Authors, and Publishers (ASCAP), et al. filed. |
| 11/12/2013 | Brief amici curiae of The National Association of Broadcasters, et al. filed. |
| 11/12/2013 | Brief amicus curiae of Washington Legal Foundation |
| 11/12/2013 | Brief amici curiae of Time Warner Inc., and Warner Bros. Entertainment Inc. filed. |
| 11/12/2013 | Brief amici curiae of National Football League, and Major League Baseball filed. |
| 11/12/2013 | Brief amici curiae of Viacom, Inc., et al. filed. |
| 11/12/2013 | Brief amici curiae of Copyright Alliance, and Various Professors filed. |
| 12/12/2013 | Brief of respondent Aereo, Inc., fka Bamboom Labs, Inc. in opposition filed. |
| 12/23/2013 | Reply of petitioners American Broadcasting Companies, Inc., et al. filed. |
| 12/24/2013 | DISTRIBUTED for Conference of January 10, 2014. |
| 01/10/2014 | Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition. |
| 02/03/2014 | Motion for leave to intervene filed by FilmOn X, LLC, et al. |
| 02/07/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 02/10/2014 | Opposition of respondent to motion to intervene |
| 02/11/2014 | SET FOR ARGUMENT ON Tuesday, April 22, 2014 |
| 02/12/2014 | Motion DISTRIBUTED for Conference of February 28, 2014. |
| 02/12/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 02/18/2014 | Reply of FilmOn X LLC to respondent's opposition to motion to intervene. |
| 02/24/2014 | Joint appendix filed. |
| 02/24/2014 | Brief of petitioners American Broadcasting Companies, Inc., et al. filed. |
| 02/26/2014 | Brief amicus curiae of The Media Institute filed. |
| 02/27/2014 | Record received from U.S.C.A. 2nd Circuit, a portion of this record is SEALED. This record is electronic (Not PACER). |
| 02/27/2014 | Brief amici curiae of Professors Peter S. Menell and David Nimmer filed. |
| 02/28/2014 | Record received from U.S.D.C. Southern District of New York (1Box), this record is SEALED. |
| 03/03/2014 | Motion 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. |
| 03/03/2014 | Brief amici curiae of The American Society of Composers, Authors and Publishers (ASCAP), et al. filed. |
| 03/03/2014 | Brief amicus curiae of American Intellectual Property Law Association filed. |
| 03/03/2014 | Brief amici curiae of The National Association of Broadcasters, et al. filed. |
| 03/03/2014 | Brief amicus curiae of BSA / The Software Alliance in support of neither party filed. |
| 03/03/2014 | Brief amicus curiae of the United States filed. |
| 03/03/2014 | Brief amici curiae of Center for Democracy & Technology, et al. in support of neither party filed. |
| 03/03/2014 | Brief amici curiae of Viacom, Inc., et al. filed. |
| 03/03/2014 | Brief amicus curiae of Washington Legal Foundation filed. |
| 03/03/2014 | Brief amici curiae of National Football League and Major League Baseball filed. |
| 03/03/2014 | Brief amicus curiae of Cablevision Systems Corp. filed. |
| 03/03/2014 | Brief amici curiae of Copyright Alliance and Various Professors filed. |
| 03/03/2014 | Brief amicus curiae of Ralph Oman, Former Register of Copyrights of the United States filed. |
| 03/03/2014 | Brief amicus curiae of New York Intellectual Property Law Association filed. |
| 03/03/2014 | Brief amici curiae of Screen Actors Guild-American Federation of Television and Radio Artists, et al. filed. |
| 03/03/2014 | Brief amicus curiae of The Patent, Trademark & Copyright Section of the Bar Association of the District of Columbia in support of neither party filed. |
| 03/03/2014 | Brief amici curiae of International Center for Law & Economics, et al. filed. |
| 03/03/2014 | Brief amici curiae of International Federation of the Phonographic Industry (IFPI), et al. filed. |
| 03/03/2014 | Brief amici curiae of Time Warner Inc. and Warner Bros. Entertainment Inc. filed. |
| 03/10/2014 | CIRCULATED. |
| 03/12/2014 | Motion of the Deputy Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 03/26/2014 | Brief of respondent Aereo, Inc., fka Bamboom Labs, Inc. filed. (Distributed) |
| 04/01/2014 | Brief amici curiae of Small and Independent Broadcasters filed. (Distributed) |
| 04/02/2014 | Brief amici curiae of Computer & Communications Industry Association and Mozilla Corporation filed. (Distributed) |
| 04/02/2014 | Brief amici curiae of FilmOn X, LLC, et al. filed. (Distributed) |
| 04/02/2014 | Brief amici curiae of DISH Network L.L.C., et al. filed. (Distributed) |
| 04/02/2014 | Brief amici curiae of 36 Intellectual Property and Copyright Law Professors filed. (Distributed) |
| 04/02/2014 | Brief amici curiae of Law Professors and Scholars filed. (Distributed) |
| 04/02/2014 | Brief amici curiae of The Consumer Federation of America, et al. filed. (Distributed) |
| 04/02/2014 | Brief amicus curiae of American Cable Association filed. (Distributed) |
| 04/02/2014 | Brief amici curiae of The Electronic Frontier Foundation, et al. filed. |
| 04/02/2014 | Brief amici curiae of Competition Law Professors, et al. filed. (Distributed) |
| 04/14/2014 | Reply of petitioners American Broadcasting Companies, Inc., et al. filed. (Distributed) |
| 04/16/2014 | Justice Alito is no longer recused in this case. |
| 04/18/2014 | Motion of the Deputy Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 04/22/2014 | Argued. 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. |
| 04/23/2014 | Letter from counsel for the respondents filed. (Distributed) |
| 06/25/2014 | Judgment 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. |
| 07/28/2014 | JUDGMENT ISSUED. |
| 07/28/2014 | Record returned for U.S.D.C. Southern District of New York. |