32 Years of the Digest ... founded August 21, 1981
The Telecom Digest for November 29, 2013
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Date: Wed, 27 Nov 2013 19:10:04 -0800 (PST) From: Neal McLain <email@example.com> To: firstname.lastname@example.org. Subject: FilmOn found in contempt in D.C., sues Chicago PBS station Message-ID: <email@example.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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