"The only type of performance that is enabled by FilmOn X is private,” said FilmOn X laywer Ryan Baker.
But content creators aren't buying it.
“When someone inserts themselves as a middleman and tries to make a profit, licenses should be obtained,” Robert Garrett, a lawyer for Comcast Corp.’s NBC, told the judges. “Singing in the shower is a private performance. Sending transmissions to 50,000 customers is not singing in the shower.”
n another blow to FilmOn X, a federal judge has refused to reconsider her order prohibiting the startup from streaming TV shows.
“FilmOn X's arguments are not persuasive,” U.S. District Court Judge Rosemary Collyer in Washington said in a 10-page opinion issued on Thursday. She added that the TV networks, which have sued FilmOn X for copyright infringement, “are likely to succeed on the merits of their claim.”
Last week, Collyer issued an order banning FilmOn X from streaming TV programs nationwide
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7 FilmOn X, No. 13-758 at FN 4. The differences between FilmOn and Aereo systems are “minor distinctions in the sequence in which signals are processed.” However, “the systems are essentially the same, and the parties agree that there are no legally meaningful differences.” 7 FilmOn X, No. 13-758 at FN 4. The differences between FilmOn and Aereo systems are “minor distinctions in the sequence in which signals are processed.” However, “the systems are essentially the same, and the parties agree that there are no legally meaningful differences.”
That’s three legal losses in a row for FilmOn X in a week. Today the D.C. District Court denied emergency stay motions by the company and its CEO Alki David against an almost nationwide injunction from a case launched by Fox Television Stations, ABC and NBC. The free-TV-over-the-Internet company was trying to stop the September 5 ordered preliminary injunction from taking effect, to have it modified it so that it covered only the court’s direct jurisdiction and to increase the amount of the bond form $250,000 to 2.75 million. The judge said No all round. “FilmOn X’s arguments are not persuasive.
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American Broadcasting Companies, Inc. v. Aereo, Inc. : SCOTUSblog
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