Broadcasters want to keep Aereo out of FilmOn X appeal [telecom]

By Josh Wein, FierceOnlineVideo, December 30, 2013,

| TV broadcasters asked a federal appeals court in Washington, | D.C., to keep Aereo out of an appeal involving fellow | streaming provider FilmOn X last week. FilmOn X appealed a | preliminary injunction a lower court issued, blocking it from | operating. Earlier in December, Aereo asked for permission to | file an "amicus curiae" or "friend of the court" brief urging | the appeals court to overturn the injunction. | | Last week, lawyers representing Fox, NBC, Disney, CBS, | Allbritton and others asked the court to deny that motion, | court filings show. Under court rules, parties are allowed to | file such friendly briefs if they have either the consent of | both parties in the matter or permission from the court. | | "Aereo's proposed amicus brief 'essentially duplicates' | Appellants brief, offering nothing more than 'a few additional | citations not found in the parties brief and slightly more | analysis on some points,'" the broadcasters argued, citing | relevant case law. | | Should Aereo be granted permission to file the brief, it could | eventually ask for permission to participate in oral argument, | according to court rules. Aereo's legal team has had a better | track record than FilmOn X in defending its technology against | legal attacks from broadcasters.


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