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

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 firm, which has also hired a senior trademark leader to lead operations in the region, believes greater China to be one of the most important IP jurisdictions
Attorneys at Gibson Dunn share why plaintiffs’ growing reliance on DMCA anti-circumvention claims in AI scraping cases exposes a critical vulnerability
Tom Carver, who spent the last 18 months sailing the Mediterranean, tells Managing IP why he’s ready to return to land
US law firms highlight litigation profitability and client demand as driving forces behind a boom in lateral hires in the life sciences sector
The move marks the latest step in Temu’s push to protect brands’ intellectual property by collaborating with industry groups and enforcement agencies. Managing IP learns about a rapidly scaling strategy and two success stories
A counterfeiting crackdown targeting fake FIFA World Cup merchandise and new partner hires by CMS, HGF and Winston Strawn were also among the top talking points
Law firms need to accept the hard truth: talent migration isn't personal; it's business as usual
Judge Alan Albright is to leave his role at the Western District of Texas, and could return to private practice
Stobbs has successfully seen off a contempt of court application filed against the firm and two of its lawyers
After almost a quarter of a century, Marshall Gerstein has a new managing partner
Gift this article