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INFOGRAPHIC: Aereo and FilmOn X Litigation Update #2

· December 13, 2013

[Update: On January 10, 2014, the Supreme Court granted cert in Aereo.  For more on that, see this post.]

We have updated the popular infographic explaining the sprawling copyright litigation between broadcasters, FilmOn X, and Aereo, after two significant events occurred yesterday.  Under the infographic is more information about these developments.

First, multiple briefs were filed in the U.S. Court of Appeals for the D.C. Circuit, where FilmOn X’s appeal of Judge Collyer’s injunction is pending.  [(1) CCIA, CDT, CTIA, i2Coalition, and USTelecom in support of neither party; (2) EFF, Engine Advocacy, and Public Knowledge in support of neither party; (3) Consumer Federation of America in support of defendants-appellants; (4) Aereo also filed a motion to file a brief in support of neither party.]

Second, Aereo responded to the broadcasters’ and rightsholders’ petition to the U.S. Supreme Court, which had asked the high court to overturn Aereo’s July victory in the U.S. Court of Appeals for the Second Circuit.  In an uncommon move, Aereo encouraged the Supreme Court to hear the case, notwithstanding having prevailed below, citing the need to resolve proliferating litigation against it.  TechCrunch characterized Aereo’s response as ‘bring it on.’

There have been several developments since our last update.  Aereo prevailed over broadcasters in Boston, and the ruling is now on appeal in the First Circuit.  Then, two suits have been brought against Aereo in Salt Lake City, Utah.  In addition, FilmOn X brought a declaratory judgment action in federal district court in Chicago aiming to vindicate its legitimacy.

Intellectual Property

The Internet enables the free exchange of ideas and content that, in turn, promote creativity, commerce, and innovation. However, a balanced approach to copyright, trademarks, and patents is critical to this creative and entrepreneurial spirit the Internet has fostered. Consequently, it is our belief that the intellectual property system should encourage innovation, while not impeding new business models and open-source developments.