Case l:13-cv-00758-RMC Document 33 Filed 09/05/13 Page 3 of 35
broadcasters. Am. Compl. [Dkt. 5] fl 13-26. Defendants, referred to collectively as FilmOn X,are:FilmOn X LLC (formerly known as Aereokiller); FilmOn.tv Networks, Inc.; FilmOn.tv,
andFilmOn.comInc. FilmOn X operates a website that combines the functionality of atelevision with that of
digital video recorder. The Amended Complaint states one
FilmOn X infringes copyrights held by Plaintiffs for,
local news broadcasts andnationally broadcast television programs including
Ex. B. [Dkt 5-2] (list ofillustrative copyright registrations);
Mot.(Pis.Mem.) [Dkt. 27-1] at 6(listing as examples of local programming Washington Nationals baseball telecasts and WUSA 9News at 6 p.m.). Plaintiffs have provided extensive documentation as to the copyrights they holdfor both local and national programming, which is not disputed by FilmOn X.
Decl. SherryBrennan [Dkt. 27-4] (declaration of Senior Vice President of Fox Cable Network Services, LLC)& Brennan Decl., Ex. A (copyright registration for Fox programming such as a November 20,2012 episode
of The New Girl,
a sitcom starring Zooey Deschanel).FilmOn X has filed an Answer,
First Am. Answer, Dkt. 14, and aCounterclaim for declaratory judgment that it is not infringing Plaintiffs' copyrights,
First.Am. Counterclaim, Dkt.
which Plaintiffs have answered, Dkt. 24. Plaintiffs filedtheir Joint Motion for Preliminary Injunction on August 1,
(Pis.Mot.) [Dkt. 27]. Because the parties agree on all material facts, the preliminary injunctionhearing scheduled for September 20,
will be converted to a status conference.Network Television LLC; Open 4 Business Productions LLC; Telemundo Network Group LLC;American Broadcasting Companies, Inc.; Disney Enterprises, Inc.; Allbritton CommunicationsCompany; Gannett Co., Inc.; CBS Broadcasting, Inc.; and CBS Studios.