| WASHINGTON, March 3
WASHINGTON, March 3 The U.S. Supreme Court said
on Monday that online television service FilmOn X LLC cannot
intervene in support of competitor Aereo Inc, which is being
challenged by the four major U.S. broadcasters over its use of
television broadcast signals.
The case, to be argued on April 22, will determine whether
both online companies can continue with their practice of using
network content without paying licensing fees.
In a brief order the court said on Monday that it had
rejected FilmOn X's request to participate in the one-hour oral
argument and in the written briefing of the case.
The broadcasters claim both services violate their
copyrights and represent a threat to their ability to control
subscription fees and generate advertising.
The broadcasters, Walt Disney Co's ABC network, CBS
Corp, Comcast Corp's NBCUniversal and
Twenty-First Century Fox Inc, sought high court review
after the 2nd U.S. Circuit Court of Appeals in New York ruled
for Aereo in April.
FilmOn X has been involved in litigation similar to that
faced by Aereo. The company has appeals pending before the San
Francisco-based 9th U.S. Circuit Court of Appeals and the U.S.
Court of Appeals for the District of Columbia Circuit after
losing in lower courts.
The Supreme Court rarely grants motions like the one filed
by FilmOn X. The company can still file a friend-of-the-court
brief in the case.
Aereo, backed by Barry Diller's IAC/InterActiveCorp,
and FilmOn X, founded by Internet entrepreneur Alki David, use
similar technology that allows viewers to watch network
television on computers and mobile devices. The images are
captured via remote antennas. Users then receive the content via
The case is ABC v. Aereo Inc, U.S. Supreme Court, No.