After losing its case in the Supreme Court and shutting down its service, Aereo has had to think quickly in order to survive. The solution the company has come up with has been revealed in a letter to  U.S. District Judge Alison Nathan, in which Aereo calls itself a “cable system.”

“Under the Second Circuit’s precedents, Aereo was a provider of technology and equipment with respect to the near-live transmissions at issue in the preliminary injunction appeal . . . After the Supreme Court’s decision, Aereo is a cable system with respect to those transmissions.
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If Aereo is indeed a cable operator, it hopes to be able to pay statutory licensing fees and survive. Also from the letter:

“If Aereo is a ‘cable system’ as that term is defined in the Copyright Act, it is eligible for a statutory license, and its transmissions may not be enjoined (preliminarily or otherwise),”

While certainly a Hail Mary, will this tactic pay off and allow Aereo to survive?

[via The Hollywood Reporter]