In a court case that may spell trouble for companies looking to charge a fee for the right to broadcast their content, an appeals court today upheld an earlier decision not to issue and injunction against internet streaming TV startup Aereo.

A group of 17 broadcasters including ABC, CBS, NBC Universal, Disney and Warner Brothers filed two suits against Aereo more than a year ago. One suit was an attempt to stop the service from streaming the broadcasters’ content to its subscribers.  The other seeks monetary damages for what they claim are copyright violations.

The Court of Appeals for the Second Circuit, in a two-to-one ruling, compared Aereo’s streaming device to the DVR provided by Cablevision to its subscribers,

“After a lengthy discussion of the facts and analysis of that decision, the district court concluded that Aereo’s system was not materially distinguishable from Cablevision’s Remote Storage Digital Video Recorder system, which we held did not infringe copyright holders’ public performance right.” Read more