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The U.S. Department of Justice sided with the broadcasters in their legal fight against TV streaming upstart Aereo in an amicus letter filed with the U.S. Supreme Court Monday. The Supreme Court should overturn previous court decisions that ruled Aereo’s business model legal, the DOJ argued. The filing was first spotted by Recode.

The filing tried to separate Aereo from cloud media storage in general, as well as cloud DVRs like the Cablevision (S CVC) network DVR in particular. Both would simply give consumers access to recordings they own, it argued, whereas Aereo would try to conceal a public retransmission through technical gimmicks. “The existence of separate antennas serves no apparent operational purposes,” the filing states.

The Supreme Court is scheduled to hear the case against Aereo on April 22. The startup prevailed in previous court rulings, but was handed a legal setback two weeks ago when a federal district court issued a preliminary injunction against the service, forcing it to shut down in Utah and Colorado.

13-461tsacUnitedStates.pdf

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