Still unsatisfied with losing at the Second Circuit Court of Appeals (and other lower courts as well), a group of major TV stations and film studios has decided to take its case to the highest court in the land. In a 209-page filing, ABC, Disney, CBS, NBC, and several others are asking the Supreme Court to take up their case against Aereo, the online TV startup. “The question presented is: Whether a company ‘publicly performs’ a copyrighted television program when it retransmits a broadcast of that program to thousands of paid subscribers over the Internet,” write the petitioners. Like their previous arguments before other courts—including a case tossed out earlier this week by a federal court in Boston—the plaintiffs are relying on an argument that describes Aereo’s entire business model as one predicated on theft.

Aereo, in contrast, says that just because it is employing thousands of tiny antennas, what it is doing—creating a de facto DVR—is perfectly legal.

The Court of Appeals for the Second Circuit has sided with Aereo on the issue, and the petitioners think that the appellate court got it all wrong:     

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