TV Broadcasters Sue Alki David's TV Streaming Service Once Again, To Establish More Bad Precedents

from the ugh dept

For many years we've pointed out that the self-promoting Alki David seems to get engaged in a variety of ridiculous lawsuits partly as a publicity stunt to build up his own brand. Nearly everything he does seems to be focused on the publicity value of it -- such as renaming his online TV streaming service from FilmOn, as it was known, to AereoKiller and BarryDriller to mock Barry Diller's Aereo. And, unfortunately, in this case those stupid publicity stunts may lead to some really bad case law. As many people know, despite David claiming that his service (whatever name you want to call it) was no different than Aereo, it is different. Aereo carefully followed various court rulings that indicated how to set up such a service that doesn't infringe -- and so far it's won the lawsuits filed against it by the TV networks.

"AereoKiller," on the other hand, has been losing badly, such that the service is currently barred in most of the western US. Now the networks figure they might as well go in for the kill and have sued David's AereoKiller yet again, this time in the DC Circuit, to try to get a similar ruling on the east coast. The networks could have sued Aereo itself -- as they've been threatening -- but it seems clear they realize that the case against David is much stronger (perhaps, in part, because David himself seems like a goofball who doesn't take any of this seriously, but also because of the company's own actions).

But, of course, bad cases make bad law, and the AereoKiller case is a bad case. There are a bunch of issues related to the whole thing, and it seems quite likely David will lose -- but that precedent will now be available to be used against Aereo itself (and a variety of other innovative services). The end result could be a disaster, and the TV broadcasters know it, because that's exactly what they want.


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    Anonymous Coward, May 29th, 2013 @ 3:57pm

    But, of course, bad cases make bad law, and the AereoKiller case is a bad case. There are a bunch of issues related to the whole thing, and it seems quite likely David will lose

    Pretty super vague there, Mike. Why is it a "bad case"? What are these "bunch of issues related to the whole thing"? What is Aereokiller doing or not doing that Aereo is doing or not doing? Can you give us something concrete? Or are you just upset because you see the writing on the wall for these unlicensed rebroadcasters?

     

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    Anonymous Coward, May 29th, 2013 @ 4:42pm

    The man love for Mike is strong in this one.

     

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    Anonymous Coward, May 29th, 2013 @ 4:48pm

    But, of course, bad cases make bad law, and the AereoKiller case is a bad case

    But, of course, bad cases make bad law, and the AereoKiller case is a bad case

    NO, Masnick, 'cases' don't make laws, laws make 'cases'.

    It's not very hard, it's a shame you don't seem to be able to work that out.

    BTW: what do you mean by "bad" and "good" in legal terms ??

    is it you feel "HOW" someone breaks a law determines if it is 'bad' or 'good', or is it the nature of the crime, or the nature of the law that makes it 'good' or 'bad' ?

    "But, of course, bad cases make bad law, and the AereoKiller case is a bad case"

    The law is first, you cannot 'make a case' if there is no law, but you CAN make a law if there is no 'case'..

    cases don't make laws, laws make cases.

    a case is a potential breach of a law, to be determined by a court who will look at the 'case' and look at the law make a ruling.

    it is either in breach of the law or it is not, as determined by the Court. A 'case' saying little about the law, and the law says little about the case.

    Laws are general (they apply to everyone) a 'case' is specific, that is, it is a specific (possible) breach of a law.

    The law might be good or bad, that is a matter of opinion, but it's the law, a case may be good or bad (opinion again) but (generally) cases do not make laws, but laws are developed to many different cases.

    you don't appear to have much knowledge of these things Masnick, just say'in.

    I am sure you would be more popular, and respected if your writings reflected reality a little more, or even just said thing that makes sense, or at least displayed some level of competency.

    For a CEO, and Editor in Chief, you don't appear to be overly informed, logical or reasonable.

     

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      Dan S (profile), May 29th, 2013 @ 4:55pm

      Re: But, of course, bad cases make bad law, and the AereoKiller case is a bad case

      Well sure law comes first.

      But case precedent is also binding in the US.

      I'm sure there's a point there, somewhere. Keeeeep looking for it.

       

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      Gwiz (profile), May 29th, 2013 @ 5:50pm

      Re: But, of course, bad cases make bad law, and the AereoKiller case is a bad case

      Occasionally I read darryl's comments just so I remember why I don't read darryl's comments.

      I think I just lost a couple of IQ points on this one.

       

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      Anonymous Coward, May 29th, 2013 @ 9:13pm

      Re: But, of course, bad cases make bad law, and the AereoKiller case is a bad case

      Case law.

      You are stupid.

       

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      btrussell (profile), May 30th, 2013 @ 6:50am

      Re: But, of course, bad cases make bad law, and the AereoKiller case is a bad case

      "...cases don't make laws, laws make cases..."

      In this case, you show us just how smart you are.

       

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    Anonymous Coward, May 29th, 2013 @ 4:50pm

    Incitefull

    There are a bunch of issues related to the whole thing

    Classic Masnick !!!!

     

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    Jennie Pratt, May 29th, 2013 @ 4:55pm

    Interesting Bloomberg interview with Alki David

    http://www.youtube.com/watch?v=oC766tzoYfU

     

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    Anonymous Coward, May 29th, 2013 @ 4:56pm

    There are a bunch of issues related to the whole thing

    it could not too.. way to be specific and direct, and way to detail nuances of this complex case.

    and it seems quite likely David will lose

    Really great analysis Masnick, now we are all perfectly informed.

    Don't lock yourself down to making any statements might be questioned on, or providing anything in the way of explanation of details.

     

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      Anonymous Coward, May 29th, 2013 @ 7:51pm

      Re:

      There won't be any analysis from Mike. He's in results-oriented mode, as per usual. At least he's not murdering the doctrine.

       

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        Anonymous Coward, May 30th, 2013 @ 12:33am

        Re: Re:

        If you want analysis, then read the previous articles regarding all of this mess. If you're too damn lazy to do so, then there is no excuse at all for your commentary beyond being a troll.

         

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        Anonymous Coward, May 30th, 2013 @ 5:59am

        Re: Re:

        "There won't be any analysis from Mike. He's in results-oriented mode, as per usual."

        And where is YOUR insightful analysis, boy?

         

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    Anonymous Coward, May 29th, 2013 @ 5:00pm

    Presedence of Breach of Copyright

    Precedence of Breach of Copyright, I believe has already been set, quite some time ago.

    This is NOT a precedence setting case, it's just ANOTHER copyright breach case, of which there are many, have been many for a long time.

    Also copyright law has been around for a long time, more than enough time for precedence to have already been determined.

     

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    ahow628 (profile), May 29th, 2013 @ 6:21pm

    How long...

    How long till we find out that Alki David is actually employed by one of the big media companies?

     

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    Anonymous Coward, May 30th, 2013 @ 4:50am

    so, even though Aereo is legal, because a fucking idiot that cant stop himself from being a complete twat, will end up getting Aereo stopped! no wonder the networks are on this like a fly on the proverbial. maybe they have paid the guy to do this, as they see it as the only way of stopping Aereo?

     

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    horse with no name, May 30th, 2013 @ 6:35am

    Hastening the end

    What Aereo is doing is hastening the end of OTA TV as we know it. When you combine this situation with the FCC granting stations the right to sell part of their transmission bandwidth for mobile services, it only makes sense.

    http://www.tvtechnology.com/article/nielsen-pegs-ota-broadcast-only-households-at-nine-per cent/217117

    Less than 10% of viewers get their TV from OTA only. Dropping OTA (for network TV) seems to be a no brainer, the number of people lost (and who would not seek a replacement in cable or dish style services) is low. Further, with IP TV variants that could be controlled directly by the networks or stations (for a fee, perhaps) it seems a done deal.

    Give it a decade, and OTA will be a ghost town. My guess is that they will be re-run channels, with the only real shows of interest being the local news. There isn't much in the way of motivation to put stuff OTA that is fresh if someone else is making the income from it, is there?

     

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    nasch (profile), May 31st, 2013 @ 1:45pm

    Different

    If this service is different from Aereo, why would this precedent be useful against Aereo? If they're similar enough to apply this as precedent, couldn't the same arguments be made directly in a case against Aereo? And if they're not similar enough, then why would the arguments be relevant just because they were used in some other court case?

     

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    A believer in IPTV, Jun 23rd, 2013 @ 6:54am

    FilmOn skulduggery

    Indeed the self-promoting David is nothing more than chancer and should stick to what he knows best, that is making bad films and marriages.
    The guy is a joke and is ruining the concept of emerging IPTV services by his pathetic attempts of trying to find a backdoor into the broadcasting industry by leaching off other people’s technology.
    His FilmOn Facebook page is a prime example of the trickery and skulduggery he gets up to.
    https://www.facebook.com/FilmOn.TV
    Somewhere he has 183,255 likes on his page, but only 808 people talking about it, strange…!!!
    Yes it is strange until you start digging on their site http://www.filmon.com/corp/promotion where they are selling Facebook likes and one million will cost you Price: $370 000, so they have the ability to trick you into thinking that a site is popular when it isn’t.
    They can do this for many such social media sites:
    • Twitter favorites
    • Twitter followers
    • Twitter subscribers
    • Web traffic
    • Youtube real views
    • Youtube thumbs up
    • Youtube top countries views
    • Youtube views
    David users this along with his false press releases on all of his sites to trick users into thinking that FilmOn is a major player when in fact they aren’t.
    https://www.facebook.com/pages/Omniverse-TV
    140,352 likes 21 people talking about
    It just goes on and on and on and the sooner he is stopped the better. The IPTV sector needs to be regulated stronger and filter out all these idiots like David, as I fear if it doesn’t control these fools then the whole industry is going to be held back for many years to come.

     

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    IPTV Professional, Jun 23rd, 2013 @ 8:58am

    The quicker he goes, the better for us all

    An insightful comment above. Mr David may be an entrepreneur but he is no pioneer, and his constant legal provocation and his captious behavior is extremely damaging to those who are doing a great deal more than just leech off the intellectual property of others.

    It is hardly surprising that this publicity seeking crook has devised means of faking facebook/twitter/youtube "likes", any more than the way he has been fiddling his Alexa ranking by hot-linking his dreadful quality application to his web pages in a manner that breaches all Apple terms and conditions. Indeed, Mr David has had his apps chucked out of the various app stores more times than he has been divorced, and that is a lot to say.

    David is indeed nothing more than an egotistical chancer, perhaps cancer might be the better word, given his blatant disregard for the future of IPTV, his pursuit of pornography (see FlithOn), rubbish film production and his constant provocation of the broadcast industry.

    Ultimately it will only take one sick and deeply twisted SOB like Mr David to destroy everyone else's hard work, and I am one amongst many who will loudly cheer his commercial demise.

     

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