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Broadcasters resume Aereo fight in what promises to be an epic battle

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They’re b-a-a-a-c-k. In case you were worried that broadcasters were planning to fold up their tents and let Aereo walk away with a clean court win… fear not. Claiming that an appeals court decision not to shut down the start up that uses tiny antennas to stream over-the-air content to consumers in New York City (at the moment) would “wreak commercial havoc,” the broadcasters are asking the court to reconsider.

It was the court’s decision two weeks ago that prompted chatter (threats) from Fox and CBS that they might have to morph into—gasp!—cable channels to survive.

Aereo, with a war chest of $58 million funded by Barry Diller and other investors, has really stirred up broadcast companies that are worried they may lose some pork—in the form of massive retransmission fees extorted from, um, paid by pay-TV operators. Aereo also threatens the existing business model that pay-TV operators thrive on, notably the ability to bundle a lot of channels nobody wants or needs with a few that they do, and charge ($ insert your number here). Aereo, which currently only delivers the channels you might be able to get over the air—if you had a decent sight line to a transmitter—charges between $8 and $12 a month (and just $1 a day if you want to watch, say, the NFL all day on a Sunday). In New York, Aereo subscribers can get ABC, NBC, CBS, Fox, The CW, PBS, Bloomberg TV and about two dozen more.

Such a deal.

Aereo, at CES, said it would begin rolling out more of its mini-antenna farms to some 22 additional markets, including Boston, Chicago, Cleveland and Denver.

In addition to the TV broadcasters, The Hollywood Reporter said several studios and Hollywood guilds, including Paramount Pictures, Warner Bros., MGM, the Directors Guild of America, and the Screen Actors Guild, has filed an amicus brief with the court. You can find the amicus brief here, and the broadcaster’s petition at The Hollywood Reporter.

As for when this drama plays out, it’s far more likely to be an epic than a mini-series. Stay tuned.

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