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OCT
15
6 MOS

Judge Won't Lift FilmOn X Injunction

Aereo's legal win against TV broadcasters won't help Alki David's company…at least for now.

Issue 35 FEA Alki David - H 2012
Christopher Patey
Alki David

U.S. District Judge Rosemary Collyer won't modify her near-nationwide injunction against Alki David's FilmOn X.

In September, she concluded that broadcasters were likely to prevail in their copyright lawsuit against the digital TV service. But then last week, a judge in Massachusetts declined to enjoin Aereo.

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David saw some vindication in the Massachusetts, but Judge Collyer is shrugging it off.

In response to a motion to modify the FilmOn X injunction, she writes that "a contrary decision by a co-equal court in another district involving different parties does not represent a change in controlling law."

That might be true, but ironically, FilmOn could be rooting for the Supreme Court to agree to hear the broadcasters' appeal in the Aereo case. If that happens, there is at least the shot of a true change in controlling law that might impact FilmOn's ongoing battles with broadcasters in both DC and California.

Until then, Judge Collyer says she wants to know why "it appears that FilmOn X may be acting in defiance" of her preliminary injunction order. She's ordered David's company to show cause, in writing, why it should not be held in contempt. FilmOn X has until Oct. 21 to respond.