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

Filing 53

Memorandum in opposition to re 52 Emergency MOTION to Modify THE SCOPE OF THE INJUNCTION filed 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 Declaration of Julie A. Shepard, # 2 Exhibit 1 of 3, # 3 Exhibit 2 of 3, # 4 Exhibit 3 of 3)(Smith, Paul)

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FilmOn Says It Will Defy Injunction In Boston | Cable Television News | ...

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FilmOn Says It Will Defy Injunction In Boston
Is 'Firing Up' Its TV Station Delivery Service in Boston In Wake of Aereo
Court Ruling
By: John Eggerton (Broadcasting & Cable) Oct 10 2013 - 01:51pm

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Cover Story:
On the news that a Massachusetts U.S. District Court judge has decided not to block Aereo from delivering a
Boston TV station online while the court considers the underlying broadcaster challenge to the service, FilmOn
has said it will "defy" a court injunction and start delivering local TV stations in Boston to its users.

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FilmOn founder Alki David congratulated his "archrival" service and said that despite an injunction imposed by
Washington, D.C., judge Rosemary Collyer, "Naturally this now allows FilmOn to fire up our Local Service,"
David told B&C/Multichannel News, despite the injunction.
On September 5, a D.C. District Court granted a preliminary injunction against FilmOn. The injunction does
not apply to states in the Second Circuit--New York, Connecticut and Vermont--which declined to enjoin a
similar service, Aereo.
The injunction was sought by the Big Four broadcast networks, Gannett and Allbritton, who sued FilmOn for
copyright infringement.
FilmOn is enjoined from "streaming, transmitting, retransmitting, or otherwise publicly performing, displaying,
or distributing any Copyrighted Programming over the Internet."
Both FilmOn and Aereo deliver TV station signals online from remote antennas. Broadcasters say that is a
public transmission that is subject to copyright payments not being made. Aereo and FilmOn say they are
giving their users private access, via remote antennas, to the free over-the-air TV signals they are entitled to.

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6 comments

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Alki

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•

Thats because 98% of FIlmOn's content is licensed you fool

MisterT

PHOTOS

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•

Where are these magic antennas and why is no one marketing them to consumers? If
these miniture antennas can truly deliver signals as advertised I would think there would
be a huge market for them. I would think that is the technology they should be
challenging.

thesparky1

Its very sneaky. The antennas are tiny, less than 1 inch in length and are
surface mounted in arrays of hundreds of them per module. Each single
antenna is supposed to represent a single subscriber in each market. Whether
or not the antenna actually picks up the signal is one question. If its located
close enough to the stick(s), I figure it would have minimal reception
characteristics. But you can't tell me in the coming rebanding, they can expect
anyone to believe you are going to get a 150 mhz signal on a 1 inch antenna
from 15 miles away. Possible, but not probable.

MYOFFICE

•

The analysis is simple; each user has a separate antenna that links them to content. It
does not state that each john doe has an antenna with its name on it. As long as there
is not a single feed that supplies everyone they are totally complaint and providing a
service. Tvonthego is a true supporter of the services and a win for them as well as
any other content platform. Our technology aggregates local content and these
services are needed for the mobile user. In times of emergency this is a needed
service.

Michael Kilgore

5 of 5

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•

There have been times when I have failed to "tune in" to an OTA station on FilmOn with
the error message that all antennas were in use. It's possible that FilmOn is using
Aereo's way of providing OTA stations, which would keep it on the right side of the legal
line.
On the other hand, do you really believe that there's an antenna on Aereo's farm with
Brady's name on it? It's much more likely that Brady is always welcome at the Aereo
"hotel," which has only to ensure that it has a "room" for every simultaneous client.

Brady

•

I completely see the legality behind Aereo's claim: only after setting up your paid
subscription you are assigned a private antenna and DVR that only you have access

10/14/2013 9:44 AM

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