Major League Baseball and the National Football League threatened to stop broadcasting games on free broadcast channels if upstart Internet TV company Aereo is not ordered to shut down, according to a brief filed with the Supreme Court.
MLB and the NFL, in an amicus brief to the U.S. Supreme Court last week, said the leagues could completely remove games, including the World Series and the Super Bowl, from broadcast stations if Aereo is allowed to continue to operate. The leagues said they could "move that content to paid cable networks (such as ESPN and TNT) where Aereo-like services cannot hijack and exploit their programming without authorization."
A group of broadcasters, including Walt Disney Co., 21st Century Fox Inc., NBC Universal and CBS Corp., have petitioned the Supreme Court to rule on Aereo's legality. In October, a federal judge in Boston refused to issue a preliminary injunction that would have shut down Aereo over a copyright claim filed by Hearst-owned WCVB. A trial is scheduled next year.
Aereo, which offers mobile access to free broadcast channels, would not comment yesterday. Aereo CEO Chet Kanojia told the Herald last month he "unquestionably" believes Aereo does not infringe on copyrights. Aereo has until Dec. 12 to formally respond to the initial Supreme Court petition.
Michael Carrier, an innovation law professor at Rutgers University, said involvement of NFL and MLB "puts a little more pressure on the court to grant the case just because the sports leagues do have a fair amount of heft."
Brett Sappington, a media analyst for Parks Associates, said the broadcasters are trying to show the potential scope of harm Aereo could cause.
"The broadcast TV industry is bringing everything they can again Aereo," Sappington said.
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