Aereo was a technology company based in New York City[1] that allowed subscribers to view live and time-shifted streams of over-the-air television on Internet-connected devices.

The point of contention was whether Aereo's business model constituted a "public performance", which would legally require it to obtain permission from the copyright owners of any programs it transmits.

[15] As of October 2012, Aereo could be used on Windows, Mac and Linux PCs[16][17] with a compatible browser, or iOS devices including the iPad, iPhone, iPod Touch, or Apple TV (2nd and 3rd Generation) via AirPlay.

[22] Reviews of Aereo were positive,[23][24][25][26] including one by The Wall Street Journal’s Katherine Boehret, who commented on Aereo’s “clean user interface that works well on iPad...and its video quality is startlingly good,” [2] PC Magazine complained of the limited channel options and limited availability, but praised the interoperability of the service offered.

In an open letter to its customers, CEO Chet Kanojia disputed the decision, arguing that as their spectrum is provided for the public, "we believe you should have a right to access that live programming whether your antenna sits on the roof of your home, on top of your television or in the cloud.

"[7] After that decision, the company and its lawyers reversed legal strategy, arguing that they are entitled to a mandatory copyright license as a cable system, since the Supreme Court had ruled that they were one.

[33] The district court later agreed with the Copyright Office that Aereo was not entitled to a cable compulsory license and granted a preliminary injunction against the service.