Internet TV streaming service FilmOn founder Alki David has congratulated rival service Aereo and its founder Barry Diller on its Boston court victory against a motion by the broadcast networks to injunction Aereo in the 1st Circuit. The motion was denied.
“Naturally this now allows FilmOn to fire up our Local Service again in Massachusetts despite Judge Rosemary Collyer’s ruling in Washington DC,” said David.
FilmOn looks forward to a positive ruling in the 9th Circuit, where FilmOn has appealed to allow its service, the country’s largest jurisdiction.
David told advanced-television.com that the problem he has in all of this is that Aereo actually charges for the service that FilmOn provides to the consumer for free.
In the Massachusetts ruling, Federal Judge Nathaniel M. Gorton found in favour of Aereo, denying the plaintiff its motion for a preliminary injunction against the company. In his decision, Judge Gorton concluded: “After considering the relevant factors, the Court finds that a preliminary injunction is unwarranted. Hearst has not demonstrated a sufficient likelihood of success on the merits nor the requisite irreparable harm and therefore it is not entitled to that ‘extraordinary and drastic remedy.’” After a careful review and analysis of the claims advanced by plaintiff, the Court stated that, “Hearst fails to make a sufficient showing that it is likely to prevail on any of [its] claims and therefore this factor weighs against a preliminary injunction in its favour.”
“Today’s decision, coupled with the decisions in favor of Aereo in the Southern District of New York (July 11, 2013) and the Second Circuit Court of Appeals (April 1, 2013 and July 16, 2013), shows that when you comply not only with the letter, but the spirit of the law, justice will prevail,” said Aereo CEO and Founder Chet Kanojia. “Today’s victory belongs to the consumer and today’s decision, makes clear that that there is no reason that consumers should be limited to 1950s technology to access over-the-air broadcast television. Using Aereo, a consumer can simply and easily use an individual remote antenna and cloud DVR via the Internet to record and watch-over-the air programmes.”
In addition to the Court’s denial of the plaintiff’s motion for a preliminary injunction, the court also denied Aereo’s motion to transfer the case to New York.