Hasta La Creative!

Broadcast networks, which previously failed to persuade a panel of federal appeals judges to shut down the Barry Diller-backed online TV service Aereo, have lost a bid to have the case reheard by the full appellate court.

The U.S. Court of Appeals in New York found in a 2-1 ruling in April that Aereo doesn’t violate the networks’ copyrights for programs because its transmissions to subscribers aren’t public performances, which would require a license. In a filing today, the appeals court said it won’t review the case.

“An active judge of the court requested a poll on whether to rehear the case,” the appeals court said in its order. “A poll having been conducted and there being no majority favoring in banc review, rehearing in banc is hereby denied.”

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