Judge Refuses to Limit Ban on

A D.C. federal judge refused to back away from her injunction that prohibits FilmOn X from offering digital streams of broadcast signals in almost everywhere in the country, even though the startup has argued that a recent court victory by similar service Aereo warranted limiting the scope of her order.

In fact, the judge, Rosemary M. Collyer, said that FilmOn X had until Oct. 21 to show why “it should not be held in contempt” of court, as the startup last week began offering broadcast streams of its signal in Boston, one of the areas covered by her injunction.

Last week, a Boston federal judge refused broadcasters’ effort to halt the similar service, Aereo, in that market. FilmOn X last Friday sought a modification of its injunction, arguing that it should be allowed to operate in that market given the decision there.

But Collyer said she saw “no basis” to modify the injunction, and said that FilmOn X “may be acting in defiance of the order.”

While Aereo has scored legal victories in Boston and New York, the story has been different for rival FilmOn X.  A Los Angeles federal judge issued a preliminary injunction against the company late last year, and that decision is on appeal before the 9th Circuit. Last month, Collyer also sided with broadcasters, and issued an injunction that prohibits the company from offering the broadcast streams not just in D.C., but in almost all markets across the country. The exception is the 2nd Circuit in New York.

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