3 Count: FilmOn Again

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1: Court Victory for FilmOn in Copyright Licensing Fight

First off today, Colin Mann at Advanced Television reports that FilmOn has won an unexpected victory as a judge has ruled that the company qualifies for a compulsory license to rebroadcast over-the-air television via the Web.

FilmOn is a TV streaming service that aims to capture over-the-air broadcast television and stream it via the Web. A similar service, Aereo, fought a pitched legal battle over its right to do so but lost after the Supreme Court ruled that the retransmission was a violation of the broadcasters copyrights. However, FilmOn has attempted to pay the statutory license that cable providers can pay, something which prompted the judge not only to say that FilmOn should be able to rebroadcast over-the-air television, but to cite Aereo in making his decision.

However, the ruling doesn’t mean FilmOn gets to start rebroadcasting immediately. Broadcasters won an injunction against it in 2012 and that stays in place for now. Broadcasters also have the option of appealing, which they almost certainly will do. Still, if the decision holds and FilmOn can comply with FCC regulations, it may be able to succeed where Aereo failed.

2: Oracle Retreats on $210m Rimini Street ‘Value’ Damages

Next up today, Gavin Clarke at The Register reports that Oracle has decided to drop the bulk of its damages claims against Rimini Street in a bid to “streamline” the long-running lawsuit ahead of a September trial.

Rimini Street is a company that provides service and support for Oracle software. Oracle sued alleging that Rimini Street made illegal copies of Oracle software in serving its clients. In its original lawsuit, Oracle sought $210 million in damages, the amount that Oracle says it would be owed if paid a fair licensing fee.

However, Oracle has since backed away from that, choosing instead to seek profits from Rimini Street, which are estimated at closer to $9 million. The case is scheduled for a trial in September.

3: Sky Broadband Customers Targeted for Allegedly Pirating Robert Redford Film

Finally today, David Pegg at The Guardian is reporting that, in the UK, users of the ISP Sky are receiving letters accusing them of pirating the Robert Redford film The Company You Keep and demanding settlements.

The letters, which are sent from TCYK LLC, were forwarded in March when Sky notified the customers involved that they would likely be contacted about the alleged infringement and a court order demanding Sky turn over their identities. The piracy itself is alleged to have taken place in 2013, but the company seems to be using subscriber data from 2015, which has led many to deny any involvement with the infringement.

Though TCYK LLC is representing the film in this endeavor, the movie was produced by the Voltage Pictures, which also made Dallas Buyers Club and The Hurt Locker, both of which were subjects of similar campaigns.


That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

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