The Commerce Department published notices in the Sept. 12 Federal Register on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms, or effective dates will be detailed in another ITT article):
FilmOn X will appeal last week’s injunction (WID Sept 9 p11) in the U.S. District Court for the District of Columbia banning the service from streaming copyrighted material in most parts of the U.S., the company said in two emergency motions filed in the court Wednesday. FilmOn asked the court to stay its injunction pending the results of the firm’s appeal, and to limit the injunction’s scope to the area covered by the U.S. Court of Appeals for the D.C. Circuit. The motions had to be filed quickly because FilmOn was ordered by the court to demonstrate its compliance with the injunction by Thursday, the company said. The injunction applies throughout the U.S. except for the 2nd U.S. Circuit Court of Appeals in New York, which has repeatedly upheld the right of competing service Aereo to stream broadcasters’ content (WID April 2 p3). The U.S. District Court should reconsider its decision to apply the injunction against FilmOn because that would give Aereo an unfair competitive advantage, said FilmOn. Aereo has announced plans to expand to major markets where FilmOn is now enjoined from offering its competing service, and Aereo “can be expected to steal FilmOn customers disappointed they can no longer use FilmOn,” said the filing. The opinion announcing the injunction also included several technical errors in its description of FilmOn’s service, the filing said. Since the same copyright issues involving FilmOn and Aereo are also being considered in a case against Aereo in the U.S. District Court in Boston, in FilmOn’s appeal of a similar injunction in the 9th Circuit in San Francisco (WID Aug 29 p7), and already decided in the Aereo case in the 2nd Circuit, it’s unfair to take this issue away from other circuits by enjoining FilmOn throughout the country, said the filing. That decisions on injunctions in similar cases have come out differently in the 2nd and 9th circuits is also evidence that FilmOn has a chance to win its appeal in D.C., said the company’s filing. “The only court of appeals to consider the issues raised in this case has decided that the technology offered by FilmOn enables only private performance and is therefore legal. Therefore … there is a substantial likelihood they will prevail on appeal.” FilmOn also asked the court to increase the $250,000 injunction bond ordered in the case. Injunction bonds are paid to the court by plaintiffs to protect the defendant if it’s later found out that a preliminary injunction shouldn’t have been granted. The injunction bond in FilmOn’s 9th Circuit case was $250,000, but FilmOn said the D.C. Circuit’s injunction merits a higher payout by broadcasters since it covers 11 circuits instead of one.
The International Trade Commission published notices in the Sept. 11 Federal Register on the following AD/CV injury, Section 337 patent, and other trade proceedings (any notices that warrant a more detailed summary will appear in another ITT article):
The Commerce Department published notices in the Sept. 10 Federal Register on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms, or effective dates will be detailed in another ITT article):
The International Trade Commission published notices in the Sept. 6 Federal Register on the following AD/CV injury, Section 337 patent, and other trade proceedings (any notices that warrant a more detailed summary will appear in another ITT article):
The Commerce Department published notices in the Sept. 10 Federal Register on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms, or effective dates will be detailed in another ITT article):
The Commerce Department issued the final results of its antidumping duty administrative review on small diameter graphite electrodes from China (A-570-929). Commerce found zero rates for seven companies and revised their calculation of the surrogate financial ratios used in the margin calculations for mandatory respondents, Fangda Group and Fushun Jinly Petrochemical Carbon Co., Ltd. (Fushun Jinly). The revision did not change the weighted-average margins from the preliminary results. Commerce also declined to rescind the review for 129 companies because they don't currently have a separate rate. The new rates are effective Sept. 11, and will be implemented by CBP soon.
The Commerce Department issued the preliminary results of its antidumping duty administrative review and a new shipper review on frozen fish fillets from Vietnam (A-552-801]). The administrative review covered Changshan Peer Bearing (CPZ/SKF) and three non-individually reviewed companies. The preliminary results are not in effect. Commerce may modify them in the final results of this review and change the estimated AD cash deposit rate for these companies.
The government of Canada issued the following trade-related notices for Sept. 9 (Note that some may also be given separate headlines.)
A nearly nationwide preliminary injunction against FilmOn X’s streaming TV retransmission service, requested by broadcasters, was granted by U.S. District Judge Rosemary Collyer in Washington, D.C., according to court filings Thursday. Broadcasters had requested that the injunction apply throughout the U.S., but Collyer exempted the 2nd U.S. Circuit Court of Appeals, since a similar injunction against FilmOn competitor Aereo was struck down by the 2nd Circuit (CD April 2 p8). The 9th Circuit had previously issued an injunction against FilmOn there, which is on appeal (CD Aug 29 p5). FilmOn “is in no meaningful way different from cable television companies, whose relationship with broadcasters such as Plaintiffs was the primary motivation” for the 1976 Copyright Act, said Collyer’s memorandum opinion. After considering the rulings in previous cases in other circuits on similar copyright issues -- the remote-DVR case Cablevision and broadcasters’ unsuccessful cases against Aereo -- Collyer concluded “that the Copyright Act forbids FilmOn X from retransmitting Plaintiffs’ copyrighted programs over the Internet,” said the opinion. FilmOn didn’t comment. Thursday’s ruling increases the likelihood of a circuit split and a FilmOn or Aereo case making it to the U.S. Supreme Court, said Wells Fargo analyst Marci Ryvicker in an email to investors. “Ultimately, we believe Aereo’s legality is likely to be decided by the Supreme Court,” said Ryvicker. “We view last night’s news as a positive catalyst for the pure-play broadcast stocks, as well as for the broadcast networks."