Score sheet: Aereo and FilmOn X versus the broadcasters
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Score sheet: Aereo and FilmOn X versus the broadcasters

Aereo will face the broadcasters accusing it of copyright infringement in the Supreme Court on April 22. But how did the online streaming service and its rival FilmOn X (formerly known as Aereokiller) fare in the lower courts?

The US Supreme Court will hear arguments on Tuesday about whether online TV service Aereo violates broadcasters’ copyrights in ABC v Aereo, a case that has united bitter online streaming rivals and high-tech companies against broadcasters and the White House.

Rival streaming service FilmOn X, which has recently been involved in similar litigation with broadcasters, filed an amicus brief in support of Aereo – despite the past differences its CEO Alki David has had with Aereo funder Barry Driller.

In that brief, the company – formerly known as Aereokiller – argued that Aereo and FilmOn X “further an important government interest by providing access to free over-the-air broadcasting” and that the Second Circuit was correct in concluding that Aereo merely enables private performance. But it said that, alternatively, the Supreme Court should force broadcasters to issue services such as FilmOn X and Aereo with compulsory licenses under Section 111 of the Copyright Act.

Below is a round-up of lower court decisions related to the case.


abc-v-aereo.gif


You can read our preview of oral arguments for ABC v Aereo here and our profile of the lawyers arguing the case here.

more from across site and ros bottom lb

More from across our site

Counsel reveal how a proposal to create separate briefings for discretionary denials at the USPTO could affect their PTAB strategies
The UK Supreme Court rejected the firm’s appeal against an earlier ruling because it did not raise an arguable point of law
Loes van den Winkel, attorney at Arnold & Siedsma, explains why clients' enthusiasm is contagious and why her job does not mean managing fashion models
Allen & Gledhill partner Jia Yi Toh shares her experience of representing the winning team in the first-ever case filed under Singapore’s new fast-track IP dispute resolution system
In-house lawyers reveal how they balance cost, quality, and other criteria to get the most from their relationships with external counsel
Dario Pietrantonio of Robic discusses growth opportunities for the firm and shares insights from his journey to managing director
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
The EMEA research period is open until May 31
Practitioners analyse a survey on how law firms prove value to their clients and reflect on why the concept can be hard to pin down
Gift this article