FilmOn’s appeal in the U.S. Court of Appeals...
FilmOn’s appeal in the U.S. Court of Appeals for the D.C. Circuit was put on a temporary hold while the court decides whether to delay the case until the Supreme Court is finished with Aereo, said a clerk’s order filed…
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Wednesday. FilmOn is appealing a nearly nationwide preliminary injunction that prevents it from streaming copyrighted material anywhere in the U.S except the jurisdiction of the 2nd Circuit U.S. Court of Appeals. Immediately after the Supreme Court granted cert in the Aereo case, the broadcaster plaintiffs in the FilmOn case asked the court to stay the case until the high court has ruled on Aereo. “If the Supreme Court decides that Aereo’s service infringes the petitioners’ copyrights, the same conclusion would be required here, thereby rendering moot any briefs already filed and any argument already held in this action,” said broadcasters. FilmOn opposed staying the D.C. Circuit case, because the company will have to remain under the preliminary injunction until it’s resolved. The injunction prevents FilmOn from “competing with Aereo on equal footing” and does “irreparable harm” to the company, FilmOn said. The Supreme Court case may not bear directly on the D.C. circuit case, despite the similarity between FilmOn and Aereo’s services, FilmOn said. “The Supreme Court could decide Aereo on grounds that are unique to the dispute between the different parties in that case,” said FilmOn. While the D.C. circuit decides whether to wait for the Supreme Court, the briefing schedule for the FilmOn case has been suspended. Broadcasters had been scheduled to enter a brief Jan. 17, and replies were due Jan. 31.