A group of TV broadcasters Monday lost their bid to block Internet start-up Aereo from offering subscribers live TV broadcasts when the U.S. Court of Appeals for the Second Circuit ruled that the broadcasters are not likely to prevail in a copyright lawsuit challenging Aereo’s service.

A circuit panel ruled 2-1 that Aereo’s service merely allowed its subscribers to view "private performances" of broadcasts, like a VCR, and therefore did not violate the Copyright Act of 1976.