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In the latest, but not unexpected, development in the ongoing Aereo saga, the United States District Court for the Southern District of New York has rejected Aereo’s contention that it is a “cable system” eligible for the Copyright Act’s cable compulsory license and has granted the broadcast plaintiffs’ request that a nationwide preliminary injunction be entered against Aereo’s retransmission of over-the-air television programming while that programming is still being broadcast. In a separate, but potentially related development, Aereo recently urged the FCC to find that Internet-based services are “multichannel video programming distributors” (“MVPDs”) for purposes of the Communications Act. However, it is unclear how Aereo would benefit from such a ruling.

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