TV broadcasters asked a federal appeals court in Washington, D.C., to keep Aereo out of an appeal involving fellow streaming provider FilmOn X last week. FilmOn X appealed a preliminary injunction a lower court issued, blocking it from operating. Earlier in December, Aereo asked for permission to file an "amicus curiae" or "friend of the court" brief urging the appeals court to overturn the injunction.
Last week, lawyers representing Fox, NBC, Disney (NYSE: DIS), CBS (NYSE: CBS), Allbritton and others asked the court to deny that motion, court filings show. Under court rules, parties are allowed to file such friendly briefs if they have either the consent of both parties in the matter or permission from the court.
"Aereo's proposed amicus brief 'essentially duplicates' Appellants brief, offering nothing more than 'a few additional citations not found in the parties brief and slightly more analysis on some points,'" the broadcasters argued, citing relevant case law.
Should Aereo be granted permission to file the brief, it could eventually ask for permission to participate in oral argument, according to court rules. Aereo's legal team has had a better track record than FilmOn X in defending its technology against legal attacks from broadcasters.
- read the broadcasters' brief (.pdf)
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