By Harry Cole, FHH Commonlaw Blog, August 28, 2013
As T-D readers will recall from my previous posts about Aereo, copyright owners, including broadcast station licensees, have sued it claiming copyright infringement. Aereo has successfully defended itself in District Court (Southern District of New York) and the Court of Appeals (Second Circuit).
Another company providing a service similar to Aereo's, formerly called Aereokiller but now known as FilmOn X, has been operating in Los Angeles. Copyright owners have sued that company as well, and in this case, the District Court (Central District of California) ruled against it. FilmOn has appealed to the Court of Appeals (Ninth Circuit) which has not yet issued a ruling.
If the Ninth Circuit rules against FilmOn, two Appeals Court decisions will be in conflict. It will then be up to the Supreme Court to settle the issue.
As the article cited above notes, oral arguments in Ninth Circuit's proceeding have been posted on line.