Judge Orders 'Aereokiller' to Stop Streaming Live TV
California District Court Rules Internet Service Illegally Retransmits Copyrighted Content
By: Todd Spangler Dec 28 2012 - 2:00pm
A federal judge in California issued a preliminary injunction Thursday ordering the “Aereokiller” service to stop streaming live TV feeds from ABC, CBS, Fox and NBC over the Internet -- finding that it represents illegal retransmission of copyrighted content.
Judge George Wu, of the U.S. District Court for the Central District of California, issued the injunction Dec. 27 against Aereokiller, FilmOn.com and related services owned by Nigerian-born media entrepreneur Alkiviades "Alki" David. The services are being sued for copyright infringement by ABC, CBS, Fox, NBC and related parties, which had requested a preliminary injunction.
“We are pleased, but certainly not surprised, by the court's decision,” Fox spokesman Scott Grogin said via email Friday. CBS and NBC declined to comment.
Representatives for Aereokiller, FilmOn and David did not respond to requests for comment.
Aereokiller’s lawyers had cited a court ruling earlier this year by the U.S. District Court for the Southern District of New York denying a request by broadcasters seeking to shut down Aereo -- a separate company whose backers include media mogul Barry Diller.
But Judge Wu rejected the legal interpretation of the New York court, which relied on a previous ruling by the U.S. Court of Appeals for the Second Circuit that Cablevision Systems’ network DVR was a private (not a public) performance.
The California district court “would find that Defendants' transmissions are public performances, and therefore infringe Plaintiffs' exclusive right of public performance,” Wu wrote in a Dec. 20 brief outlining his tentative ruling granting an injunction. “The Court finds that Defendants' unique-copy transmission argument based onCablevision and Aereo is not binding in the Ninth Circuit.”
Judge Wu’s injunction covers only the geographic boundaries encompassing the U.S. Court of Appeals for the Ninth Circuit.
FilmOn.com, Inc. Issues Response Regarding New York Southern District Court's Ruling on CBS Broadcasting, Inc., et al v. FilmOn.com, Inc., Temporary Restraining Order
FilmOn.com Inc. CEO and Chairman, Alki David today issued the following statement regarding the ruling made by the New York Southern District Court, which issued a temporary restraining order, in effect pending the court's decision on if it will issue a preliminary injunction.
"We respect the Court's decision in this matter and have temporarily ceased retransmission of free network television on FilmOn. In the few weeks FilmOn provided free access to basic television on consumers' mobile devices, it received more than 30 million individual users. We also garnered dozens of positive reviews about our free service's quality and ease of use. We have, in essence, shown full proof of concept of the FilmOn delivery system-proving that millions of viewers will watch our superior television service online, all with commercials, adding millions of extra impressions that enhance network's value to its viewers and advertisers."
"FilmOn has succeeded in securing partnerships with several independent broadcast channels to be able to keep a compelling live offering online in the near future. Coupled with our own library of content and that of our partners, FilmOn will remain open for business."
We do expect to bring the major networks back to our lineup in the near future, all in a legitimate and collaborative business model. We have already begun very positive discussions with TV networks affiliates and other content owners to provide our delivery service and measurement analytics to stream their live content online.
FILMON told me on the phone this morning ´we are transmitting what we THINK we can .some broadcasters do not want THEIR channels on ANY other platform but thier own ,so we cannot GUARANTEE ANY CHANNELS in the future RING FILMON LONDON on 0044 207 758 0690
http://www.broadbandtvnews.com/2013/04/24/swiss-u-turn-for-filmon-service/
FilmOn CEO David said in a statement: “Viewers then receive content via their own unique satellite dish or micro antenna which is assigned to them when they connect to any one of our many European, American, Middle Eastern and soon-to-be-launched Asian antenna farms.”
“This is a game-changer because it gives consumers a great new way to access content which is already freely available to them in their geographical area.”
David added: “FilmOn has updated its technology to ensure it is fully compliant with a recent European Court of Justice ruling that prohibits the retransmission of certain TV channels.”
Rather than offer a retransmission, FilmOn through its Swiss-based subsidiary (FilmOn X) lets viewers control their own unique dish or micro digital antenna in order to tune into the broadcaster’s own transmission to view it in its original format.
Users can also purchase these antennas which are delivered to their home and can be connected to their device by WiFi
18 March 2013 11:09 AM
California District Court Rules Internet Service Illegally Retransmits Copyrighted Content
By: Todd Spangler Dec 28 2012 - 2:00pm
A federal judge in California issued a preliminary injunction Thursday ordering the “Aereokiller” service to stop streaming live TV feeds from ABC, CBS, Fox and NBC over the Internet -- finding that it represents illegal retransmission of copyrighted content.
Judge George Wu, of the U.S. District Court for the Central District of California, issued the injunction Dec. 27 against Aereokiller, FilmOn.com and related services owned by Nigerian-born media entrepreneur Alkiviades "Alki" David. The services are being sued for copyright infringement by ABC, CBS, Fox, NBC and related parties, which had requested a preliminary injunction.
“We are pleased, but certainly not surprised, by the court's decision,” Fox spokesman Scott Grogin said via email Friday. CBS and NBC declined to comment.
Representatives for Aereokiller, FilmOn and David did not respond to requests for comment.
Aereokiller’s lawyers had cited a court ruling earlier this year by the U.S. District Court for the Southern District of New York denying a request by broadcasters seeking to shut down Aereo -- a separate company whose backers include media mogul Barry Diller.
But Judge Wu rejected the legal interpretation of the New York court, which relied on a previous ruling by the U.S. Court of Appeals for the Second Circuit that Cablevision Systems’ network DVR was a private (not a public) performance.
The California district court “would find that Defendants' transmissions are public performances, and therefore infringe Plaintiffs' exclusive right of public performance,” Wu wrote in a Dec. 20 brief outlining his tentative ruling granting an injunction. “The Court finds that Defendants' unique-copy transmission argument based onCablevision and Aereo is not binding in the Ninth Circuit.”
Judge Wu’s injunction covers only the geographic boundaries encompassing the U.S. Court of Appeals for the Ninth Circuit.
FilmOn.com, Inc. Issues Response Regarding New York Southern District Court's Ruling on CBS Broadcasting, Inc., et al v. FilmOn.com, Inc., Temporary Restraining Order
FilmOn.com Inc. CEO and Chairman, Alki David today issued the following statement regarding the ruling made by the New York Southern District Court, which issued a temporary restraining order, in effect pending the court's decision on if it will issue a preliminary injunction.
"We respect the Court's decision in this matter and have temporarily ceased retransmission of free network television on FilmOn. In the few weeks FilmOn provided free access to basic television on consumers' mobile devices, it received more than 30 million individual users. We also garnered dozens of positive reviews about our free service's quality and ease of use. We have, in essence, shown full proof of concept of the FilmOn delivery system-proving that millions of viewers will watch our superior television service online, all with commercials, adding millions of extra impressions that enhance network's value to its viewers and advertisers."
"FilmOn has succeeded in securing partnerships with several independent broadcast channels to be able to keep a compelling live offering online in the near future. Coupled with our own library of content and that of our partners, FilmOn will remain open for business."
We do expect to bring the major networks back to our lineup in the near future, all in a legitimate and collaborative business model. We have already begun very positive discussions with TV networks affiliates and other content owners to provide our delivery service and measurement analytics to stream their live content online.
FILMON told me on the phone this morning ´we are transmitting what we THINK we can .some broadcasters do not want THEIR channels on ANY other platform but thier own ,so we cannot GUARANTEE ANY CHANNELS in the future RING FILMON LONDON on 0044 207 758 0690
http://www.broadbandtvnews.com/2013/04/24/swiss-u-turn-for-filmon-service/
FilmOn CEO David said in a statement: “Viewers then receive content via their own unique satellite dish or micro antenna which is assigned to them when they connect to any one of our many European, American, Middle Eastern and soon-to-be-launched Asian antenna farms.”
“This is a game-changer because it gives consumers a great new way to access content which is already freely available to them in their geographical area.”
David added: “FilmOn has updated its technology to ensure it is fully compliant with a recent European Court of Justice ruling that prohibits the retransmission of certain TV channels.”
Rather than offer a retransmission, FilmOn through its Swiss-based subsidiary (FilmOn X) lets viewers control their own unique dish or micro digital antenna in order to tune into the broadcaster’s own transmission to view it in its original format.
Users can also purchase these antennas which are delivered to their home and can be connected to their device by WiFi
18 March 2013 11:09 AM
