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It’s a Draw: Aereo Wins One Battle Loses Another in WCVB Suit

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A federal judge in Massachusetts has denied Hearst owned Boston ABC affiliate WCVB its motion for a preliminary injunction in its suit against Aereo.

However, the court also denied Aereo’s motion to transfer the case to New York, likely in hopes of getting a more favorable ruling.

“After considering the relevant factors, the Court finds that a preliminary injunction is unwarranted,” ruled Judge Nathaniel Gorton in the US District Court for the District of Massachusetts. “Hearst has not demonstrated a sufficient likelihood of success on the merits nor the requisite irreparable harm and therefore it is not entitled to that ‘extraordinary and drastic remedy.’”

Aereo CEO and founder Chet Kanojia said in a statement, “Today’s decision, coupled with the decisions in favor of Aereo in the Southern District of New York (July 11, 2013) and the Second Circuit Court of Appeals (April 1, 2013 and July 16, 2013), shows that when you comply not only with the letter, but the spirit of the law, justice will prevail.”

Hearst and WCVB filed their suit in July saying, “Aereo has no right,under any license or statute, to retransmit WCVB’s copyrighted programming.”

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