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 ...

07/10/2026

Dalet Flex LTS Delivers Smarter Media Operations from Ingest to Distribution

Dalet, a leading technology and service provider for media-rich organizations, today announced the latest Long-Term Supported (LTS) release of Dalet Flex. Build...

06/09/2026

Dolby and MagentaTV Bring Fans Closer to the FIFA World Cup 2026 in Germany with Dolby Vision and Dolby Atmos

June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...

13/08/2026

LaLiga Renews Broadcast Agreements with ESPN and DSports in South America Through 2031/32

LaLiga has renewed broadcast agreements with ESPN and DSports covering Spanish-l...

13/08/2026

Rockstar Energy Open Builds Third Portland Show Around AI-Powered Vertical Feed, Remote Operators

Three days of skateboarding competitions, live music, and other programming will...

13/08/2026

IBC 2026: Matrox Video to Showcase IP and Software-Defined Technologies

Matrox Video will showcase its portfolio of IP and software-defined technologies at IBC2026 (Booth 7.B15, RAI Amsterdam, September 11-14). The portfolio includ...

13/08/2026

IBC 2026: SMPTE to Present Sessions, Workshops, and Networking Events

SMPTE will present expert-led sessions, professional workshops, and networking events at IBC2026. The organization will be located in the IBC2026 Owner Pavilion...

13/08/2026

IBC 2026: Clear-Com to Showcase Communications Solutions

Clear-Com will exhibit at IBC2026 (Stand 10.D29, September 11-14, Amsterdam), showcasing FreeSpeak Cell, Avalon IP Station, updates to Arcadia Central Station, ...

13/08/2026

Advanced Systems Group Appoints Eran Binyamin Zeitoun as Senior Technical Program Manager

Advanced Systems Group (ASG) has appointed Eran Binyamin Zeitoun as Senior Techn...

13/08/2026

2026 SVG Venues & Teams Summit Heats Up Kaseya Center in Miami

Miami HEAT, Florida Panthers, Orlando Magic, University of Miami join leading vendors for a day of gameday-production talk in South Florida The 2026 SVG Venues...

13/08/2026

MLB at Field of Dreams Returns as Netflix Joins the Effort, Leans Into Cinematic Look at Newly Permanent Ballpark

NBC Sports is producing the Twins-Phillies game alongside the streamer, which is...

13/08/2026

IBC 2026: Oracle to Showcase Cloud Media Workflows

Oracle Cloud Infrastructure (OCI) will exhibit at IBC2026 (Hall 5, Booth 5.A21, September 11-14, Amsterdam), demonstrating cloud-based workflows across low-late...

13/08/2026

IBC 2026: Dalet to Participate Accelerator Programme with AI Live Sports Workflow Demo

Dalet will participate in the IBC2026 Accelerator Media Innovation Programme, co...

13/08/2026

Cox Media Group Announces Local Broadcast Deals with Orlando Magic and Charlotte Hornets

Cox Media Group (CMG) has announced multi-year local broadcast rights agreements...

13/08/2026

Jnger Audio to Demonstrate Cloud-Based DTV+ Workflow at SET Expo 2026

J nger Audio will join Fraunhofer IIS and industry partners to showcase a cloud-based, DTV+-compliant workflow at SET Expo 2026 in S o Paulo, August 17-20. DTV+...

13/08/2026

IBC 2026: Olympic Broadcasting Services to Receive International Honour for Excellence

IBC has announced that Olympic Broadcasting Services (OBS) will receive the Inte...

13/08/2026

NESN Expands Red Sox Broadcast Distribution for Jimmy Fund Telethon

NESN has partnered with WSBK-TV38 to broadcast Boston Red Sox games on August 17 and 18 over the air, extending the reach of the 24th annual WEEI/NESN Jimmy Fun...

13/08/2026

LiveU and Panasonic LUMIX Launch Live Anywhere Mobile Production Workflow

LiveU and Panasonic LUMIX have announced the Live Anywhere workflow, demonstrated at NAB 2026 and InfoComm 2026 in collaboration with Social180Group. The work...

13/08/2026

IBC 2026: Chyron to Showcase Sports Workflow Solutions

Chyron will demonstrate its sports analysis, graphics, remote production, virtual production, and venue control solutions at IBC2026 (Booth 7.A23). This year...

13/08/2026

Ratings Roundup: Pro Football Hall of Fame Game Draws 7 Million During Quiet August for Sports

Ratings Roundup is a rundown of recent ratings news and is derived from press re...

13/08/2026

ESPN/ABC, NBC/Peacock, Prime Video Set National Slates for Year 2 of NBA Rights Deal

Season tips off Oct. 20 and runs through April 11; Christmas Day, NBA Cup, All-S...

13/08/2026

VAEMI announce the Synterra

Company preview bio-interactive' synthesizer VAEMI have announced the upcoming launch of a new standalone bio-interactive' generative synthesizer....

13/08/2026

Ravine DSP update Inter::State

Plug-in host gains new Slot Scenes feature Ravine DSP have recently updated their innovative plug-in host, kitting it out with a new feature that brings yet...

13/08/2026

Tubi Media Group Partners with Gracenote to Unlock Additional Value in Content Discovery and Programmatic CTV Advertising

New Agreement Aims to Leverage Gracenote Infrastructure to Create More Relevant ...

13/08/2026

CMG Expands Local Sports Offering With Two NBA Deals

Share Copy link Facebook X Linkedin Bluesky Email...

13/08/2026

Olympic Broadcasting Services to receive IBC2026 Internat...

IBC today announced that its most prestigious honour, the International Honour for Excellence (IHFE), will be presented to Olympic Broadcasting Services (OBS), ...

13/08/2026

Dalet Demonstrates the Future of AI-Orchestrated Live Spo...

Dalet, a leading technology and service provider for media-rich organizations, today announced its participation in the IBC2026 Accelerator Media Innovation Pro...

13/08/2026

dzjinius to showcase new dzjinius on-set application at I...

dzjinius, the all-in-one production management platform for the media and entertainment industry, will showcase its new application, dzjinius on-set , at IBC20...

13/08/2026

BCE Demonstrates Sovereign Cloud Media Workflows powered...

Broadcasting Center Europe (BCE), a leading European provider of media services, system integration and product development, will demonstrate an end-to-end sove...

13/08/2026

Clear-Com to Showcase Communications Solutions for Broadc...

Clear-Com is returning to IBC 2026, taking place September 11-14 in Amsterdam, Netherlands. At Stand 10.D29, Clear-Com will spotlight the award-winning FreeSpe...

13/08/2026

Leader to highlight advanced Test and Measurement solutio...

Test & measurement innovator, Leader Electronics of Europe, will showcase its comprehensive portfolio of Leader, PHABRIX and LeaderPhabrix test and measurement ...

13/08/2026

KRK Brings Advanced Wireless Control to Professional Monitoring With New V Series Five Studio MonitorsKRK Brings Advanced Wireless

KRK Brings Advanced Wireless Control to Professional Monitoring With New V Serie...

13/08/2026

Anthony Noack Captures Artist's Journey in Estonia with Blackmagic Design

Anthony Noack Captures Artist's Journey in Estonia with Blackmagic Design Brie Clayton August 12, 2026 0 Comments Solo filmmaker documents concept...

13/08/2026

ARRI Image Science makes its mobile debut in the HONOR Robot Phone

ARRI Image Science makes its mobile debut in the HONOR Robot Phone Brie Clayton August 12, 2026 0 Comments Hero image displays the HONOR Robot Phone, ...

13/08/2026

ASG Adds Eran Binyamin Zeitoun as Senior Technical Program Manager

Share Copy link Facebook X Linkedin Bluesky Email...

13/08/2026

Vinten To Feature Manual, Robotic Camera Support Offerings At IBC 2026

Share Copy link Facebook X Linkedin Bluesky Email...

13/08/2026

SMPTE Unveils IBC 2026 Plans

Share Copy link Facebook X Linkedin Bluesky Email...

13/08/2026

IP Showcase on the Water Announces Schedule for IBC 2026

Share Copy link Facebook X Linkedin Bluesky Email...

13/08/2026

Spectrum, Optimum Ink New Deals for News Carriage and Ads

Share Copy link Facebook X Linkedin Bluesky Email...

13/08/2026

IAB Tech Lab Updates Privacy Standards

Share Copy link Facebook X Linkedin Bluesky Email...

13/08/2026

Suitest Highlights New AI-Powered Device Testing and Qual...

Suitest's Test Automation Platform Simplifies Video Quality Assurance, Monitoring, and Device Certification Across the OTT Ecosystem At IBC2026, Suitest, a...

13/08/2026

Cinegy showcases powerful, agile, cost-effective media so...

Cinegy GmbH, the premier provider of software-defined television technology, will have its key software solutions ready to demonstrate at SET Expo 2026 (18 20...

13/08/2026

Scripps Research establishes endowed chair honoring Peter K. Vogt, influential pioneer in cancer research

Scripps Research has established the Peter K. Vogt Endowed Chair, a new faculty ...

13/08/2026

New research offers fresh insights for how to make better vaccines

LA JOLLA, CA-A vaccine's molecular structure plays a key role in determining how the immune system responds and prepares to protect the body from future exp...

13/08/2026

Venera Technologies Showcases AI-Powered Innovations Across its Media QC Platform at IBC 2026

Venera Technologies Showcases AI-Powered Innovations Across its Media QC Platfor...

13/08/2026

Surviving Fred and Rose West: Inside Cromwell Street for U and U&W

New U and U&W Documentary Features Kathleen Richards, One of the Last Surviving Witnesses to Fred and Rose West Kathleen is Reunited with Childhood Friend and ...

13/08/2026

Official trailer released for the return of Tea with Judi Dench Coming to Sky Arts on 31st August

Thursday 13 August 2026 Official trailer released for the return of Tea with Ju...

13/08/2026

Dalet Demonstrates the Future of AI-Orchestrated Live Sports Workflows at IBC2026 Accelerator Programme

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

13/08/2026

Vale MP praises Wenvoe's broadcast role and engineering expertise

Wenvoe serves over 1 million people across South Wales 13 August 2026, Winchester, UK - Vale of Glamorgan MP, Kanishka Narayan, has praised the engineering exp...

13/08/2026

Event Marks New Season with the RT Concert Orchestra

RT 's Miriam O'Callaghan welcomed a range of specially invited guests to the National Concert Hall last week for a unique event to mark a new season wit...