Sony Pixel Power calrec Sony

FilmOn X Says Broadcasters Likely To Lose Copyright Battle

19/08/2013

FilmOn X Says Broadcasters Likely To Lose Copyright Battle Online video company FilmOn X is arguing that it should be allowed to continue operating while a lawsuit against the company is pending in federal court in Washington, D.C.

The startup is asking U.S. District Court Judge Rosemary Collyer to reject a request by TV broadcasters to prohibit the service from operating. FilmOn says in its court papers, filed on Thursday, that the broadcasters cant show that they are likely to succeed on the merits -- which is necesary in order to obtain an injunction before there has been a trial.

FilmOn X, formerly called Aereokiller, filed the papers in response to a lawsuit brought in May by a coalition of broadcasters. FilmOn, like rival company Aereo, allows users to stream over-the-air TV to iPhones and other devices. Subscribers also are able to use the service like a DVR by recording programs for later viewing.

Both startups are facing several legal challenges from broadcasters; they argue that the companies are transmitting copyrighted material without a license. So far, Aereo has prevailed in federal court in New York, where the company defeated the TV networks request for an injunction, but the broadcasters won a preliminary round in California. FilmOn has appealed that order to the 9th Circuit Court of Appeals, which is considering the matter.

The legal arguments in all of the lawsuits are virtually identical. The broadcasters argue that the companies shouldnt be able to give public performances of copyrighted material without paying retransmission fees.

But FilmOn X and Aereo say their services are legal on the ground that they only provide the technology that enables consumers to engage in legal activity -- watching and recording free over-the-air TV. Both companies rely on thousands of dime-size antennas to capture the TV broadcasts, then stream shows to users on an antenna-to-subscriber basis.

FilmOn and Aereo argue that anyone is allowed to install an antenna to view over-the-air TV, and that the one-to-one nature of the streams means they are not public performances.

FilmOn X's technology only enables transmission to individual users at their direction, which constitutes private (not public) performance, the company argues in its most recent papers. Through FilmOn X's technology, a user may remotely record and privately view television programming the user indisputably has the right to record and view.

Both Aereo and FilmOn X say that a 2008 court decision out of New York involving remote DVRs supports their argument. In that case, the 2nd Circuit Court of Appeals ruled that Cablevisions remote DVRs dont infringe copyright. The appellate court specifically rejected an argument that Cablevisions act of sending shows from its servers to users TV sets was a public performance. That decision paved the way for Aereos victory in New York, but judges in other jurisdictions need not follow it.
LINK: http://www.filmon.com/corp/en/news/filmon-x-says-broadcasters-likely-t...
See more stories from filmon

Most recent headlines

05/01/2027

Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be demoed at CES 2026

Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...

04/08/2026

Dalet Announces Commercial Availability of Dalia, Bringing Media-Aware Agentic AI to Enterprise Productions

Dalet, a leading technology and service provider for media-rich organizations, t...

04/07/2026

Detective Conan: Fallen Angel of the Highway Opens in Dolby Cinemas Across Japan, Presented in Dolby Atmos and Dolby ...

April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...

01/06/2026

Dolby Sets the New Standard for Premium Entertainment at CES 2026

January 6 2026, 05:30 (PST) Dolby Sets the New Standard for Premium Entertainment at CES 2026 Throughout the week, Dolby brings to life the latest innovatio...

16/05/2026

Spectrum TV Adds Free Access to Discovery+

Share Copy link Facebook X Linkedin Bluesky Email...

16/05/2026

Tower Family Foundation Passes $3.5 Million Milestone

Share Copy link Facebook X Linkedin Bluesky Email...

16/05/2026

AIMS to Offer IPMX Education at InfoComm 2026

Share Copy link Facebook X Linkedin Bluesky Email...

16/05/2026

Rise AV Launches Second Year of UK Elevate Program

Share Copy link Facebook X Linkedin Bluesky Email...

15/05/2026

Seattle Sounders FC and Reign FC Announce Seattle Soccer Celebration at Waterfront Park

Seattle Sounders FC and Seattle Reign FC, in partnership with RAVE Foundation an...

15/05/2026

How Sound Designer Dan Brumm Built Blueys Audio World with Sennheiser and Neumann

Dan Brumm has served as sound designer on Bluey, the Australian children's t...

15/05/2026

Applications Close May 31 for Mark Brunner Professional Audio Scholarship

The Professional Audio Manufacturers Alliance (PAMA) and Shure Incorporated are accepting applications for the 6th annual Mark Brunner Professional Audio Schola...

15/05/2026

Netflix Expands NFL Coverage With Additional Games Starting in 2026

Netflix has announced an expanded NFL schedule for 2026 and beyond under a four-year partnership extension with the NFL through the 2029-30 season. Each season,...

15/05/2026

Ateme Supports TVRIs SRT-Based Live Sports Contribution and Distribution Workflow

Ateme is supporting TVRI (Televisi Republik Indonesia) with a contribution and d...

15/05/2026

Concacaf Launches New Website and Mobile App Powered by Deltatre

Concacaf has announced the launch of a new website and mobile app built on Deltatre's FORGE platform. Concacaf.com and the mobile app, available on iOS and ...

15/05/2026

Qatar Media Corporation Launches QBC Business Channel in 4K via Eutelsat

Eutelsat has announced the launch of QBC Business Economic Channel by Qatar Media Corporation, broadcasting in 4K/UHD via Eutelsat's 7/8 West video neighbo...

15/05/2026

Amazon to Serve as Exclusive Launch Home of MLS Original Series Cup Dreams on May 14

Major League Soccer has announced four original content series timed to the 2026...

15/05/2026

AIMS to Focus on IPMX Education at InfoComm 2026

The Alliance for IP Media Solutions (AIMS) has announced it will exhibit and present at InfoComm 2026, taking place June 13-19 at the Las Vegas Convention Cente...

15/05/2026

InfoComm 2026To Feature Sports, Broadcast, and Live Event Technologies

InfoComm 2026 will take place June 13-19 (exhibits June 17-19) at the Las Vegas Convention Center. The show will include sessions and exhibits covering broadcas...

15/05/2026

Tracy McGradys Ones Basketball League Signs First Streaming Agreement with Fubo Sports Network

Tracy McGrady's Ones Basketball League (OBL) and FuboTV Inc. have announced ...

15/05/2026

Disguise and Creative Technology Return for Eighth Year at Eurovision Song Contest 2026

Disguise has partnered with Creative Technology (CT) to deliver visual playback ...

15/05/2026

Sony Announces Alpha 7R VI Camera and FE 100-400mm F4.5 GM OSS Lens

Sony Electronics has announced two new products for professional imaging: the Alpha 7R VI full-frame mirrorless camera and the FE 100-400mm F4.5 GM OSS super-te...

15/05/2026

SVG GameDay, Ep. 15: New Jersey Devils Joe Kuchie - Growing the Game in the Garden State

In-venue and creative video staffers at the professional and collegiate level ha...

15/05/2026

Ratings Roundup: ESPN Secures Top Viewed Second Round Game 4 of Stanley Cup on Cable; NBA Draft Lottery Viewership Up 23%

Ratings Roundup is a rundown of recent rating news and is derived from press rel...

15/05/2026

The Future of Sports Analytics: Building Trust and Intelligence With SmerSports and Cisco

For sports organizations, the most valuable assets are often the most sensitive:...

15/05/2026

NFL Broadcast Schedule Roundup: Breaking Down CBS, ESPN, FOX, NBC, Netflix, and Prime Lineups

The NFL's broadcast partners released their 2026 regular season schedules ye...

15/05/2026

Netflix Steps Into the Cage for First MMA Production With Rousey-Carano Showdown at Intuit Dome

When MMA icons Ronda Rousey and Gina Carano meet inside the Hexagon at Intuit Do...

15/05/2026

Dustin Hoffman and Leo Woodall Bring the Noise in Daniel Roher's Tuner

Daniel Roher attends the Tuner Premiere during the 2026 Sundance Film Festival at Eccles Theatre on January 22, 2026 in Park City, Utah. (Photo by Neilson Bar...

15/05/2026

And The Winners of the 2026 Spotify Podcast Awards in Mexico Are

Last night, the Spotify Podcast Awards in Mexico returned to the country's capital. Now in its second year, the evening honors creators whose voices are hel...

15/05/2026

Music Expo (San Francisco) becomes MONO Music Conference

Rebranded show announced Ahead of their 2026 return, Music Expo have announced that they have now officially changed their name to the MONO Music Conference...

15/05/2026

Buzzing Bugs Audio Devices introduce the Bolster

Fuzz pedal joins UK companys line-up UK-based pedal makers Buzzing Bugs Audio Devices have recently unveiled their latest creation, the Bolster. Said to pay...

15/05/2026

Joint Statement: News Bargaining Incentive

Joint Statement: News Bargaining Incentive 28 April, 2026 Media releases The vibrancy of Australian democracy relies on the robust and open exchange of new...

15/05/2026

Call it Deltavision, Australia's through to the Grand Final of this year's Eurovision Song Contest!

Call it Deltavision, Australia's through to the Grand Final of this year'...

15/05/2026

Join Calrec at MPTS 2026

Join Calrec at MPTS 2026 | May 13-14 | Stand A40 | Olympia, London We're looking forward to meeting up with customers and partners at this year's Media ...

15/05/2026

CTV's Data Gap Holding Back Bigger Ad Budgets, New Gracenote Research Finds

86% of media planners would move more linear TV budget to CTV if they had show-level targeting and reporting - and 65% would also shift dollars from programmati...

15/05/2026

Scripps Completes Station Swaps with Gray Media

Share Copy link Facebook X Linkedin Bluesky Email...

15/05/2026

Clear-Com Takes Communications Further at InfoComm 2026

Clear-Com will showcase new communications solutions and major platform updates at InfoComm 2026 (Booth N7005), June 17-19, in the North and Central Halls of t...

15/05/2026

Rise AV Launches Second Year of UK Elevate Programme Foll...

Following an outstanding inaugural year in 2025, Rise AV is proud to announce the return of its flagship leadership initiative, Elevate. The programme continues...

15/05/2026

Berklee Announces Lineup for Inaugural AI Music Summit

Berklee Announces Lineup for Inaugural AI Music Summit The three-day event puts musicians at the center of the future of music creation, ethics, and the indus...

15/05/2026

Lightware Highlights Scalable USB-C and AV-over-IP Innova...

Lightware returns to InfoComm 2026 with a focused showcase of scalable USB-C connectivity, next-generation AV-over-IP solutions, and technologies that help over...

15/05/2026

IAB Releases Campaign Data Standards 1.0 for Public Comment

Share Copy link Facebook X Linkedin Bluesky Email...

15/05/2026

ARRI Expands Management Board

Share Copy link Facebook X Linkedin Bluesky Email...

15/05/2026

Gray Media Names Joanie Vasiliadis SVP of Transformation

Share Copy link Facebook X Linkedin Bluesky Email...

15/05/2026

Study: Data and Measurement Problems Reduce CTV Ad Budgets

Share Copy link Facebook X Linkedin Bluesky Email...

15/05/2026

Upfronts: WBD Expands Advanced Ad Capabilities and AI Ad Tech

Share Copy link Facebook X Linkedin Bluesky Email...

15/05/2026

VLAST Powers PLAVEs Asia Tour Encore with AJA Gear

Delivering a live, arena-scale production of a massively popular band is no small feat. Between expansive in-arena LED walls and a global live stream fed to onl...

15/05/2026

Sun Broadcast Futureproofs Dayalbaghs Multimedia Van with...

Connection is the heartbeat of any strong community, and with live streaming becoming more accessible in the modern era, it's much easier for faith-based or...

15/05/2026

Disguise and Creative Technology Power Eurovision for the...

Powered by GX 3 media servers, optimised IP-VFC workflows and on-site engineering expertise, the production delivers high-performance visuals for one of the wor...

15/05/2026

UKTV joins forces with BritBox and Sony Pictures Television for a co-commission of Chocolate Wars (w/t)

The six-part series is a co-commission with BritBox and Sony Pictures Television...

15/05/2026

A Mother, Two Daughters and One Big Scandal: Netflix's Crime-Comedy 'Maa Behen' Premieres June 4

Back to All News A Mother, Two Daughters and One Big Scandal: Netflixs Crime-Co...

15/05/2026

Why Trusted Measurement Matters More Than Ever in Retail Media

Against that backdrop, IAB UK has added retail media to its Gold Standard. Jan Pitt, Commercial Director at ABC, spoke with Liv McCullagh, Retail Media Lead at ...