As expected, FilmOn has petitioned the U.S.
Court of Appeals for the D.C. Circuit to overturn a district court decision
blocking the company from delivering network affiliated local TV stations in
all but markets within the jurisdiction of the Second Circuit.
FilmOn's brief in
the appeal will be due in 30-45 days, according to the company's attorney.
U.S. District Court
Judge Rosemary Collyer last week denied FilmOn's petition to reconsider her
decision to enjoin the service from delivering those signals.
The injunction is
effective in D.C. and was applied to other markets nationwide, though not in
markets in the Second Circuit, which declined to enjoin a similar service,
Aereo.
Collyer issued the
original injunction Sept. 5, suggesting that FilmOn was violating copyright
protections by delivering TV stations signals without permission or
compensation. The injunction was sought by the Big Four broadcast networks,
Gannett and Allbritton, who sued FilmOn for copyright infringement.
"This is not a
work-around, this is abiding by the law," said FilmOn founder Alki David
of his TV station-delivery technology.
FilmOn delivers
local TV station signals as part of an over-the-top video service using remote
antennas. It does not pay broadcasters and, Like Aereo, argues that it is
simply providing its online subscribers remote access to TV antennas supplying
them the free TV they are entitled. But broadcasters disagree and asked the
court to block both services.
