That’s three legal losses in a row for FilmOn X in a week. Today the D.C. District Court denied emergency stay motions by the company and its CEO Alki David against an almost nationwide injunction from a case launched by Fox Television Stations, ABC and NBC. The free-TV-over-the-Internet company was trying to stop the September 5 ordered preliminary injunction from taking effect, to have it modified it so that it covered only the court’s direct jurisdiction and to increase the amount of the bond form $250,000 to 2.75 million. The judge said No all round. “FilmOn X’s arguments are not persuasive. The Court weighed the relevant factors – likelihood of success on the merits, possibility of irreparable harm, balance of the harm, and the public interest – it its Opinion and concluded that all four considerations favor Plaintiffs. That conclusion remains in equal force now. Most importantly, Plaintiffs are likely to succeed on the merits of their claim,” said Judge Rosemary Collyer Thursday in a memo opinion accompanying her order (read them here and here). The injunction is set to take effect today though FilmOn X subscribers can still access material that the service has licenses for. Still for David, the broadcasters’ win today is a mere battle in his war with them. “They continually try to thwart innovation, destroy the first amendment and steal from the public. It is best they give up soon because it will be cheaper less bloody for them in the long run,” he told me this afternoon.
Free-TV-via-web provider FilmOn X looks like it’s going to be shut down in Washington D.C and across the nation, thanks to a federal court ruling today. The granting of a preliminary injunction for plaintiffs Fox Television Stations, ABC and NBC by the D.C. District Court could also have implications for Barry Diller’s Aereo service, which is fighting various legal battles of its own against the networks – winning some, losing others and grinding away at more still. “This Court concludes that the Copyright Act forbids FilmOn X from retransmitting Plaintiffs’ copyrighted programs over the Internet. Plaintiffs are thus likely to succeed on their claim that FilmOn X violates Plaintiffs’ exclusive public performance rights in their copyrighted works,” wrote Judge Rosemary Collyer in an opinion released Thursday (read it here). However despite today’s opinion by the court, FilmOn’s CEO Alki David says it ain’t over yet. “We will continue without the Networks and appeal. We will win in the appeal,” the billionaire media provocateur told me this afternoon. On the other hand, the 35-page decision was exactly what Fox wanted to hear after the court fights it and other networks have had with FilmOn X and its former incarnation Aeroekiller in various jurisdictions.
IFC has ordered a second season of comedy series Maron from Fox Television Studios. The 13-episode season will debut next year. Marc Maron exec produces, writes and stars. Here’s IFC’s announcement:
NEW YORK, NY –July 23, 2013 – Boomer lives! And so does Maron on IFC. The network announced today the renewal of the critically acclaimed comedy series Maron for a second season with 13 all new half-hour episodes, up from 10, scheduled to premiere in 2014.
“In many ways, Marc is a perfect representation of IFC and our approach to comedy,” said Jennifer Caserta, president and general manager of IFC. “He also seems to be in need of a less dysfunctional family, so we’re happy he’s returning to ours for an expanded second season.”
For the second time in the past week, a program that had the media hyperventilating ahead of its premiere does not appear to have impressed the public to the same degree. Only time will tell if Kris Jenner’s new talker is the new Sharknado. Monday’s Kris rollout, on Fox stations in six markets — New York/WNYW, Los Angeles/KTTV, Dallas/KDFW, Phoenix/KSAZ, Minneapolis/KMSP and Charlotte/WJZY — included three of the country’s Top 5 markets (NY, LA and Dallas). In those six markets, Kris averaged a 1.1/3 household rating, failing to build over the year-ago time period, and retaining its lead-in share. Kris did noticeably improve the stations’ May sweep performance in female demos, finishing first in its time slot in Los Angeles ahead of Katie, Steve Harvey, and Dr. Phil.
But the launch of the show’s six-week test run was not a home run, despite the bajillion bucks worth of free publicity it enjoyed compliments of the press. In New York, for instance, Kris clocked a 1.1/4 household rating, falling below both its Wendy Williams lead-in (1.4/5) and its leadout, the launch of The Real (1.5/5). That’s an accomplishment — for The Real, given how much less advance noise was made on that show’s part, owing to its shocking lack of Kardashian-ness.