FOX TELEVISION STATIONS, INC., et al v. AEREOKILLER LLC, et al

Filing 27

Joint MOTION for Preliminary Injunction by ALLBRITTON COMMUNICATIONS COMPANY, AMERICAN BROADCASTING COMPANIES, INC., CBS BROADCASTING, INC., CBS STUDIOS, DISNEY ENTERPRISES, INC., FOX BROADCASTING COMPANY, INC., FOX TELEVISION STATIONS, INC., GANNETT CO., INC., NBC STUDIOS LLC, NBC SUBSIDIARY (WRC-TV), LLC, OPEN 4 BUSINESS PRODUCTIONS LLC, TELEMUNDO NETWORK GROUP LLC,, TWENTIETH CENTURY FOX FILM CORPORATION, UNIVERSAL NETWORK TELEVISION LLC (Attachments: # 1 Memorandum in Support, # 2 Appendix, # 3 Declaration of Julie Shepard, # 4 Declaration of Sherry Brennan, # 5 Declaration of Samuel Bahun Part 1 of 5, # 6 Declaration of Samuel Bahun Part 2 of 5, # 7 Declaration of Samuel Bahun Part 3 of 5, # 8 Declaration of Samuel Bahun Part 4 of 5, # 9 Declaration of Samuel Bahun Part 5 of 5, # 10 Declaration of Barbara Wall, # 11 Declaration of Carly Seabrook, # 12 Declaration of Daniel Kummer, # 13 Declaration of Marsha Reed, # 14 Declaration of Rebecca Borden, # 15 Declaration of William Lord, # 16 Text of Proposed Order)(Smith, Paul). Added MOTION for Hearing on 8/2/2013 (rdj).

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA

FOX TELEVISION STATIONS, INC., et al.

Civil Action No. 1:13-cv-00758-RMC
Hon. Rosemary M. Collyer

Plaintiffs,
v.
AEREOKILLER LLC, et al.
Defendants.

[PROPOSED] PRELIMINARY INJUNCTION ORDER
This Court, having considered all the submissions in support of, and in opposition to, the
Motion for Preliminary Injunction filed by Plaintiffs Fox Television Stations, Inc., Twentieth
Century Fox Film Corporation, Fox Broadcasting Company, NBC Subsidiary (WRC-TV) LLC,
NBC Studios LLC, Universal Network Television, LLC, Open 4 Business Productions LLC,
Telemundo Network Group LLC, American Broadcasting Companies, Inc., Disney Enterprises,
Inc., CBS Broadcasting Inc., CBS Studios Inc., Allbritton Communications Company, and
Gannett Co., Inc. (collectively, “Plaintiffs”), and having considered all matters presented at the
hearing on this Motion, and good cause appearing, hereby GRANTS the Motion and ORDERS
THAT:
1.

For purposes of this Preliminary Injunction, the following definitions shall apply:
a.

“Plaintiffs” shall mean Fox Television Stations, Inc., Twentieth Century

Fox Film Corporation, Fox Broadcasting Company, NBC Subsidiary (WRC-TV) LLC,
NBC Studios LLC, Universal Network Television, LLC, Open 4 Business Productions
LLC, Telemundo Network Group LLC, American Broadcasting Companies, Inc., Disney
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Enterprises, Inc., CBS Broadcasting Inc., CBS Studios Inc., Allbritton Communications
Company, and Gannett Co., Inc.
b.

“Defendants” shall mean FilmOnX LLC (formerly known as Aereokiller

LLC), FilmOn.TV Networks, Inc., FilmOn.TV, Inc., and FilmOn.com, Inc., whether
acting jointly or individually.
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 the Plaintiffs, or any of them, (or any parent, subsidiary, or affiliate of 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 streaming, transmitting, retransmitting, or otherwise
publicly performing, displaying, or distributing any Copyrighted Programming over the Internet
(through websites such as filmon.com or filmonx.com), via web applications (available through
platforms such as the Windows App Store, Apple’s App Store, the Amazon App Store,
Facebook, or Google Play), via portable devices (such as through application on devices such as
iPhones, iPads, Android devices, smart phones, or tablets), or by means of any device or process.
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.

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4.

Plaintiffs shall post a bond in the amount of $10,000.00, upon which this

injunction will immediately take effect.
5.

Within three court days of the effective date of this 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.
IT IS SO ORDERED.
Dated: ____________
Hon. Rosemary M. Collyer

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Pursuant to Local Rule 5.4(k), the following attorneys are entitled to be notified of the
entry of this order.

Paul March Smith
JENNER & BLOCK LLP
1099 New York Avenue, NW
Suite 900
Washington, DC 20001
[phone]
Fax: [phone]
Email: [e-mail]

Julie Ann Shepard
JENNER & BLOCK LLP
633 W 5th Street
Suite 3600
Los Angeles, CA 90071
213-239-5100
Fax: [phone]
Email: [e-mail]

Richard L. Stone
JENNER & BLOCK LLP
633 W 5th Street
Suite 3600
Los Angeles, CA 90071
213-239-5100
Fax: [phone]
Email: [e-mail]

Murad Hussain
ARNOLD & PORTER LLP
555 12th Street, NW
Washington, DC 20004
[phone]
Fax: [phone]
Email: [e-mail]

Jaime W. Marquart
BAKER MARQUET LLP
10990 Wilshire Boulevard
Suite 400
Los Angeles, CA 90024
[phone]
Fax: [phone]

Ryan G. Baker
BAKER MARQUET LLP
10990 Wilshire Boulevard
Suite 400
Los Angeles, CA 90024
[phone]
Fax: [phone]
Email: [e-mail]

Kerry J. Davidson
LAW OFFICE OF KERRY J. DAVIDSON
1738 Elton Road
Suite 113
Silver Spring, MD 20903
[phone]
Fax: [phone]
Email: [e-mail]

Robert Alan Garrett
ARNOLD & PORTER LLP
555 12th Street, NW
Washington, DC 20004
[phone]
Fax: [phone]
Email: [e-mail]

James Spencer Blackburn
ARNOLD & PORTER, LLP
777 South Figueroa Street
44th Floor
Los Angeles, CA 90017
[phone]
Fax: [phone]
Email: [e-mail]

John Charles Ulin
ARNOLD & PORTER, LLP
777 South Figueroa Street
44th Floor
Los Angeles, CA 90017
[phone]
Fax: [phone]
Email: [e-mail]