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Date: Wed, 27 Nov 2013 19:10:04 -0800 (PST)
From: Neal McLain <nmclain.remove-this@and-this-too.annsgarden.com>
To: telecomdigestmoderator.remove-this@and-this-too.telecom-digest.org.
Subject: FilmOn found in contempt in D.C., sues Chicago PBS station  
Message-ID: <205acde3-6144-404b-b169-c319acd8f475@googlegroups.com>

By Josh Wein, FierceOnlineVideo, November 27, 2013

| FilmOn X continued to blaze a unique legal path for itself
| and potentially its rival Aereo. The company was held in 
| contempt of court and threatened with a $20,000 per-day fine 
| for violating a judge's injunction against its service in 
| October. Separately, FilmOn X sued Window to the World 
| Communications, the licensee of PBS affiliate WTTW-TV Chicago.
|
| D.C. District Court Judge Rosemary Collyer admonished FilmOn X 
| for violating her injunction when it began carrying some 
| Boston TV station programming after a federal judge in 
| Massachusetts declined to block rival Aereo from operating. If 
| FilmOn X violates Collyer's injunction again, it will face 
| fines of $20,000 a day.
|
| Meanwhile, the Alki David-backed FilmOn X asked a federal 
| judge in Illinois to rule that FilmOn X's system does not 
| violate copyright law. Like Aereo, FilmOn X argues that 
| because it leases a remote antenna and DVR to subscribers, its 
| transmission of local TV station broadcasts do not constitute 
| a "public performance" under federal copyright law and are 
| therefore legal.
|
| "Moving a user's antenna and DVR from the user's home to 
| another location does not render that user's private 
| performance public," it said in a brief filed with the 
| Northern District of Illinois. "Declaratory judgment is 
| necessary to clear the air of this controversy and protect the 
| right of private performance."

Continued:
http://tinyurl.com/lvq682m

Summary of cases to date:

NEW YORK: Plaintiffs v. Aereo
District Court (New York Southern) ruled for Aereo.
Appeals Court (Second Circuit 3-judge panel) upheld 3-2.
Appeals Court denied en banc rehearing.

http://tinyurl.com/onx42qh

CALIFORNIA; Plaintiffs v. FilmOn X
District Court (California Central) ruled for plaintiffs.
Appeals Court (Ninth Circuit) pending.

http://tinyurl.com/palrqz9

DISTRICT OF COLUMBIA: Plaintiffs v. FilmOn X
District Court (District of Columbia) ruled for plaintiffs AND it enjoined FilmOn X from operating ANYWHERE in the USA except in the three states under the jurisdiction of the Second Circuit.

http://tinyurl.com/oehy45n

MASSACHUSETTS: Plaintiffs v. Aereo
District Court (District of Massachusetts) rejected injunction against Aereo.
Appeals Court (First Circuit) pending.

http://tinyurl.com/kdxxxe5

UTAH: Plaintiffs v. Aereo
District Court (District of Utah) pending.

http://tinyurl.com/ma9rkza

ILLINOIS: FilmOn X v. WTTW-TV
District Court (Illinois Northern) pending

http://tinyurl.com/lvq682m

Neal McLain





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