
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.
Most recent headlines
04/09/2025
Monumental Sports & Entertainment (MSE), in collaboration with Dalet, has been a...
19/04/2025
SDVI, the leading platform provider for cloud-native media supply chains, today announced that the company earned multiple awards at the 2025 NAB Show, with two...
19/04/2025
Ateliere Creative Technologies, a leading GenAI media software solutions company, today announced that Dan Goman has stepped down as CEO and David Bortis, Ateli...
19/04/2025
As Director of Media and Aerial Production at Terrible Herbst Motorsports, Bryan Moore is setting new standards in off-road racing media coverage thanks to his ...
19/04/2025
A next-generation collaboration device that redefines connectivity for meeting environments
Lightware, an industry-leading manufacturer of signal management so...
19/04/2025
Calrec is today announcing that its True Control 2.0 is a Remote Production winner in the 2025 NAB Show Product of the Year Awards. This official awards program...
19/04/2025
Appear, a global leader in live production technology, proudly announces it has been recognised alongside NBCUniversal with the prestigious NAB Show Delivery Pr...
19/04/2025
Deity Microphones, a leader in innovative audio equipment, is proud to announce the expected release of our Ultra-Wide Band IFB to the market. The THEOS DIFB wi...
19/04/2025
A world renowned broadcaster and long-standing LiveU customer has successfully completed a series of live connectivity tests using LiveU's revolutionary, aw...
19/04/2025
BitFire (bitfire.tv), a longtime leader in live video transport, today announced dual NAB Show award wins at the 2025 NAB Show in Las Vegas. The company's M...
19/04/2025
BitFire (bitfire.tv), a longtime leader in live video transport, today announced three major award wins at the 2025 NAB Show, April 5-9, in Las Vegas. The compa...
19/04/2025
AI video discovery company Moments Lab and Satisfaction Group, a leading independent unscripted television production company, are proud to announce a unique st...
19/04/2025
As the media industry navigates the triple challenge of AI-driven production, distributed teams, and skyrocketing content demand, DigitalGlue s creative.space h...
19/04/2025
Network technology startup Miri Technologies Inc. capped off its tremendously successful NAB Show debut by winning two prestigious industry awards for its cutti...
19/04/2025
CINCINNATI Scripp's Nuvyyo USA has concluded a deal with Warner Bros. Discovery to bring 45 FAST channels to Nuvyyo's Tablo TV device....
19/04/2025
In a ruling that could have broader implications on the legality of regulatory agencies levying fines through administrative proceedings, the 5th U.S. Circuit C...
19/04/2025
WASHINGTON Federal Communications Commission chair Brendan Carr has blasted Comcast over MSNBC's coverage of the deportation of Kilmar Abrego Garcia in a so...
19/04/2025
Berklee NYC and NYC Media Launch Season 3 of Inside Power Station @BerkleeNYC This season features faculty member Arun Pandian as the new host and interviews ...
18/04/2025
Director Andrew Ahn, alongside actors Youn Yuh-jung and Joan Chen, takes a photo of the audience after the premiere of his film The Wedding Banquet at Eccles ...
18/04/2025
In a ruling that could have a major impact on the digital advertising market, a federal judge has ruled that Google has monopolized some types of advertising te...
18/04/2025
Broadcast and cable TV news outlets saw strong social media growth in March, according to new data from the social video analytics company Tubular Labs ....
18/04/2025
Berklee Student Yukai Yang Named 2025 Yamaha Young Performing Artist The drummer secured a spot among the elite winners in this years competition.
By
Maddie...
18/04/2025
Boston Conservatory Alums Bring Real Women Have Curves to Broadway The Latin American immigrant community takes center stage in a new musical featuring Tatian...
18/04/2025
WASHINGTON The FCC's call for public comments and suggestions on outdated regulations that it should be eliminated, has prompted a slew of fillings from bro...
18/04/2025
In a ruling that could have a major impact on the digital advertising market, a federal judge has ruled that Google has monopolized some types of advertising te...
18/04/2025
PEARL RIVER, N.Y. Global media solutions company Active Media Services (AMS) has formed a new relationship with VideoAmp, a measurement company for linear TV, c...
18/04/2025
Netflix reported generally positive results for first-quarter 2025, with revenue up 13% year-over-year to $10.543 billion and operating income growing by 27% to...
18/04/2025
NHL Playoffs 2025: TNT Sports Hits the Road for Onsite Productions With Mobile U...
18/04/2025
EVSs S bastien Verlaine on U.S. Expansion, Next-Generation Products Beyond replay, offerings also target asset management and media infrastructure By Ken Kersc...
18/04/2025
ESPN Unleashes 4DREPLAY as NCAA Women's Gymnastics Championships Hit ABC Men's championships to follow Saturday night on ESPN2 By Brandon Costa, Direct...
18/04/2025
Visualizing Victory: The Latest in AR, XR, and Virtual Production in Live Sports This panel discussion featured leaders from ESPN, CBS Sports, Warner Bros. Disc...
18/04/2025
NHL Playoffs 2025: With 16 Games in First Six Days, ESPN Deploys Variety of Remo...
17/04/2025
Emilie Blichfeldt attends the 2025 Sundance Film Festival premiere of The Ugly ...
17/04/2025
R-GPS gives warfighters a decisive battlefield advantage by punching through adv...
17/04/2025
This year's NAB Show in Las Vegas marked a noticeable shift in the priorities of media and broadcast organisations. Gone are the days of chasing flashy, or ...
17/04/2025
class=attachment-thumbnail size-thumbnail f-align-center alt= decoding=async data-lazy-srcset=https://www.antonbauer.com/wp-content/uploads/2024/12/Amy-Daniel-1...
17/04/2025
SAN JOSE, Calif. Roku and Adobe have announced that they are collaborating on a real time data platform made possible by a a new integration of the Roku Data C...
17/04/2025
NEW YORK Internet advertising revenues demonstrated strong growth in 2024, increasing 14.9% year-over-year to $258.6 billion, according to the IAB Internet Adv...
17/04/2025
SDVI Earns Both Product and Project of the Year Awards at 2025 NAB Show
Brie Clayton April 17, 2025
0 Comments
Left to right, Geoff Stedman, CMO, SDVI...
17/04/2025
Singapore Polytechnic Readies Aspiring AV Professionals for Live IP Productions ...
17/04/2025
Calrec Wins 2025 NAB Show Product of the Year Award for True Control 2.0
Brie Clayton April 17, 2025
0 Comments
Image: The Calrec True Control 2.o on ...
17/04/2025
In Return to Berklee, Lucius Looks Back and Moves Forward From mood boards to live demos, the alumni band gave students an exclusive look at the process behin...
17/04/2025
DirecTV's free streaming service MyFree DirecTV has just added another eight channels from NBCUniversal....
17/04/2025
LOS ANGELES The virtual production company GameChanger has announced that it is expanding its global footprint by bringing its virtual production technology to ...
17/04/2025
DENVER The International Broadcaster Coalition Against Piracy (IBCAP) has announced that it has developed a proprietary, automated software-based system to iden...
17/04/2025
Pixalate's new CTV Device Market Share report for Q1 2025 shows that Roku has the highest open programmatic CTV device market share in the United States, wi...
17/04/2025
Edward J. Lewis III Named Senior Vice President of Institutional Advancement Lewis has more than 20 years of industry experience, leading fundraising initiati...
17/04/2025
The Curling Group Puts On Inaugural Curling All-Star Game in Nashville The location in Music City is intended to broaden the sport's appeal By Dan Daley, ...
17/04/2025
April 17th, 2025 Press Materials Available Here
Tribeca Festival 2025 Announces TV & NOW Lineup
World Premieres and Exclusive Cast Panels with Apple TV '...
17/04/2025
SVG Sit-Down: Cisco's Bryan Bedford on Providing End-to-End Support for Clie...