Score sheet: Aereo and FilmOn X versus the broadcasters

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Cookies Settings

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 SHARED ros bottom lb

More from across our site

The office, which has a relatively new patent litigation team as well as a wider ‘soft’ IP offering, would remain independent if the rejection is rubberstamped
The IP boutique is betting that growing investment in quantum and semiconductors will fuel demand as technology shifts toward physical systems
Lawyers say the overhaul better reflects commercial reality, with changes spanning novelty searches, digital designs and access to a small claims track, but stopping short of criminalising unregistered design infringement
Carpmaels & Ransford hires its fourth partner of the year and wins access to UPC files, as fresh orders address costs, confidentiality and the use of divisional patents
Peter Ling of Lenz & Staehelin in Zurich discusses trends in patent litigation, the regulation of AI and the benefits of teaching IP
Brandsmiths and Powell Gilbert will contest claims over several UK trademarks in a High Court case examining the ownership and revival of a heritage brand
Hogan Lovells Cadwalader is taking a fresh strategic approach to pricing in its AI strategy. It could amplify calls for law firms to ditch the billable hour
Charles Harding plans to build a new team around life sciences oppositions and contentious work, drawing on his three decades developing a practice from scratch at D Young & Co
The firm reveals how its litigation strategies informed the arguments that took Masimo’s judgment past $818 million
The firm was rebuilding its IP practice through a string of patent hires and a Texas expansion, but its dissolution has put the newly built talent back into the market
Gift this article