Fox Television Stations LLC et al v. BarryDriller Content Systems Plc et al

Filing 78

PRELIMINARY INJUNCTION by Judge George H Wu (pj)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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FOX TELEVISION STATIONS, INC.,
TWENTIETH CENTURY FOX FILM
CORP., and FOX BROADCASTING
COMPANY, INC.

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Plaintiffs,

Case No. CV12-6921-GW-JC
PRELIMINARY INJUNCTION
ORDER

v.

AEREOKILLER, LLC, ALKIVIADES
"ALKI" DAVID, FILMON.TV
NETWORKS, INC., FILMON.TV,
INC. FILMON.COM, INC., and DOES
1 through 3, inclusive,
Defendants.

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PRELIMINARY INJUNCTION ORDER

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This Court, having considered all the submissions in support of, and in
opposition to, Plaintiffs Fox Television Stations, Inc., Twentieth Century Fox Film
Corp., and Fox Broadcasting Company, Inc.'s (collectively "Fox" or "Plaintiffs")
Motion for Preliminary Injunction ("Motion"), and having considered all matters
presented at the hearings on this Motion, including the hearings on December 6,
2012, December 20, 2012, and December 27, 2012 and good cause appearing as set
forth in the Court's written ruling of December 27,2012, hereby GRANTS IN

PART the Motion and ORDERS THAT:
1.
shall apply:

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a.

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b.

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"Defendants" shall mean Aereokiller, LLC, Alkiviades "Alki"

David, FilmOn.TV Networks, Inc., FilmOn.TV, Inc., and FilmOn.com, Inc.,
whether acting jointly or individually.

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"Plaintiffs" shall mean Fox Television Stations, Inc., Twentieth

Century Fox Film Corp., and Fox Broadcasting Company, Inc.

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For purposes of this Preliminary Injunction, the following definitions

c.

"Copyrighted Programming" shall mean each of those broadcast

television programming works, or portions thereof, whether now in existence
or later created, including but not limited to original programming, motion
pictures and newscasts, in which any of the Plaintiffs owns or controls an
exclusive right under the United States Copyright Act, 17 U.S.C. §§ 101 et

seq.
2.

Pending a final resolution of this action, Defendants, and all of their

parents, subsidiaries, affiliates, officers, agents, servants, employees, attorneys, and
those persons in active concert or participation with them who receive actual notice
of this Order (the "Enjoined Parties") are preliminarily enjoined from
retransmitting, streaming, or otherwise publicly performing or displaying within the
geographic boundaries of the United States Court of Appeals for the Ninth Circuit,

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directly or indirectly, over the Internet (through websites such as filmonx.com or
filmon.com), via web applications (available through platforms such as the
Windows App Store, Apple's App Store, the Amazon Appstore, Facebook or
Google Play), via portable devices (through applications on devices such as
iPhones, iPads, Android devices, smart phones, or tablets), or by means of any
device or process, the Copyrighted Programming.
3.

Violation of this Preliminary Injunction shall expose Defendants and

all other persons bound by this Preliminary Injunction to all applicable penalties,
including contempt of Court.
4.

The injunction shall become effective two court days after Plaintiffs

file with the Court and serve through CM/ECF a notice that the required bond in the
amount of $250,000.00 has been posted.
5.

Within three court days of the effective date of the Preliminary

Injunction, Defendants shall file and serve a report in writing and under oath setting
forth in detail the manner and form with which Defendants have complied with the
Preliminary Injunction.
6.

Nothing herein shall restrict Plaintiffs' ability to seek to amend this

injunction or to seek permanent injunctive relief with terms that are broader in
scope than those delineated herein.

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IT IS SO ORDERED.

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Dated: December 27, 2012

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Hon. George H. Wu
United States District Judge

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