The last year has seen several new start-up services that seek to provide users access to programs they legally receive at home when they aren't in front of the TV. And that's part of the goal of TV Everywhere - being able to access and view programming regardless of time, location, or type of screen.
An appeals court has now affirmed the trial court ruling against an injunction, allowing Aereo to continue operating through the litigation process. Normally, such an injunction banning some behavior or service is awarded only if the party asking for the injunction is considered likely to win the case on its own merits. As such, it's not a clear indication that Areo's service is legal, although judges indicated that Areo had a viable legal precedent for their system falling under "fair use" guidelines (as place-shifting of an otherwise legal signal). That was enough to suggest that the challenge wasn't a cut-and-dried winner.
While I'm not a lawyer, the economist in me does wonder why broadcasters would object to a service that would make their signals more widely available and more valuable to viewers. Perhaps it's not TV Everywhere access they object to, but not being offered a cut of Aereo's subscription revenues.
Source - Appeals court denies broadcaster request to shut Aereo, Consumer Electronics Net