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."
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.
CALIFORNIA; Plaintiffs v. FilmOn X District Court (California Central) ruled for plaintiffs. Appeals Court (Ninth Circuit) pending.
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.
MASSACHUSETTS: Plaintiffs v. Aereo District Court (District of Massachusetts) rejected injunction against Aereo. Appeals Court (First Circuit) pending.
UTAH: Plaintiffs v. Aereo District Court (District of Utah) pending.
ILLINOIS: FilmOn X v. WTTW-TV District Court (Illinois Northern) pending