A preliminary injunction stopping online TV service FilmOn...
A preliminary injunction stopping online TV service FilmOn X from streaming content in Washington, D.C., would undermine innovation, restrict consumer choice and “cripple” FilmOn’s business, said the company -- formerly known as Aereokiller -- in filings in U.S. District Court…
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in Washington, D.C., Thursday. Broadcaster arguments that FilmOn is hurting negotiations with advertisers and in retransmission consent agreements are “speculative fears of possible revenue consequences,” said one of FilmOn’s filings. “Plaintiffs are not entitled to a presumption of irreparable harm and have not asserted, let alone provided evidence” that FilmOn’s service is hurting their bottom lines, said the company. A similar injunction was granted against FilmOn in California, and is on appeal in the 9th U.S. Circuit Court of Appeals, while broadcasters were denied a preliminary injunction against Aereo in the 2nd Circuit (CD July 17 p6). The D.C. court should grant a “nationwide” injunction against FilmOn, broadcasters said in a motion requesting the ruling. But such a sweeping ruling would prevent courts in the 9th Circuit case against FilmOn and in a similar copyright case brought against Aereo by Hearst in U.S District Court in Boston from issuing their own rulings, argued FilmOn. Instead, the D.C. court should limit the scope of any injunction to FilmOn’s activities within the D.C. Circuit, said FilmOn. A hearing in the D.C. U.S. District case is scheduled for September, and oral arguments in the appeal in the 9th Circuit are set for Thursday.