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 2025

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 SHARED ros bottom lb

More from across our site

Leaders at US law firms explain what attorneys can learn from AI cases involving Meta and Anthropic, and why the outcomes could guide litigation strategies
Attorneys reveal the trademark and copyright trends they’ve noticed within the first half of 2025
Senior leaders at TE Connectivity and Clarivate explain how they see the future of innovation
A new action filed by Nokia against Asus and a landmark ruling on counterfeits by South Africa’s Supreme Court were also among the top talking points
Counsel explain how they’re navigating patent prosecution matters and highlight key takeaways from Federal Circuit cases
A partner who joined Fenwick alongside two others explains what drew her to the firm and her hopes for growth in Boston
The England and Wales High Court has granted Kirkland & Ellis client Samsung interim declaratory relief in its ongoing FRAND dispute with ZTE
A UDRP decision that found in favour of a small business in a domain name dispute could encourage more businesses to take a stand in ‘David v Goliath’ cases
In Iconix v Dream Pairs, the Supreme Court said the Court of Appeal was wrong to interfere with an earlier ruling, prompting questions about the appeal court’s remit
Chris Moore at HGF reflects on the ‘spirit of collegiality’ that led to an important ruling in G1/24, a case concerning how European patent claims should be interpreted
Gift this article