FilmOn Founder Alki David says if the Ninth Circuit Court of Appeals decides to uphold an injunction against FilmOn, granted by a California judge, he will appeal the decision to the Supreme Court.
Broadcasters have already asked the Supreme Court to hear its appeal of a decision by the Second Circuit Court of Appeals not to enjoin similar service Aereo, and Aereo has actually come out in support of that High Court review, saying it wants the legal issue resolved.
If the Ninth Circuit upholds the injunction, there will be a split in the circuits, which makes it more likely the Supreme Court will take the case. Currently, the split is between district courts.
“The Supreme Court will ultimately deal with this—whether at FilmOn’s request or Aereo’s—because this is how young people watch television," David said in a statement.
The issue is whether Aereo and FilmOn are providing remote, online, access to free TV signals and DVR functionality, or they are providing a public performance of copyrighted work for which stations must be compensated.