Bar on online TV streaming too broad, brief says (C.A.D.C.)

December 18, 2013

Practitioner Insights thumbnail 2Following a Washington, D.C. federal judge’s copyright infringement ruling, FilmOn X has urged a federal appeals court to overturn the “nearly nationwide” injunction preventing it from offering TV shows on the Internet for a fee.

FilmOn X LLC et al. v. Fox Television Stations Inc. et al., No. 13-7145, opening brief filed, 2013 WL 6354854 (D.C. Cir. Dec. 5, 2013).

In its opening brief in the U.S. Court of Appeals for the District of Columbia Circuit, the service formerly known as Aereokiller and collectively known as FilmOn X said the injunction should be vacated or limited to the D.C. Circuit.

U.S. District Judge Rosemary Collyer of the District of Columbia issued the injunction in September after finding FilmOn X retransmissions of broadcast TV shows violated the “transmit clause” of the Copyright Act.

Recognizing that Section 502(b) of the Copyright Act, 17 U.S.C.A. § 502(b), “commands a nationwide injunction” to prevent or restrain copyright infringing actions, the judge said the injunction applies in all circuits except the Second, which has contrary law…

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