If you’ve been following the news on Deadline, Alki David’s FilmOn has filed a countersuit against Fox Broadcasting Co. and FOX Television Stations concerning their continuing legal fight over streaming network programming. According to the site, FilmOn has stated that it is the it is the partner and licenser behind David’s BarryDriller.com and Aereokiller. Aereokiller has already been separately sued by Fox, NBC, CBS and ABC.
The countersuit FimOn has filed in Los Angeles Superior Court results from their claim of Fox spreading false statements to FilmOn’s potential business partners, which include Google, Apple and Microsoft.
The countersuit states that “Fox has separated from the coalition of other networks…and taken steps–legal and illegal–to put FilmOn out of business.” FilmOn is accusing Fox of trade libel, stating that Fox’s Los Angeles counsel told FilmOn’s several potential business partners that FilmOn’s apps go against a federal court injunction against the distribution of streaming apps. Also, the suit states that Fox told these potential partners that they would be aiding in copyright infringement if the apps were distributed. According to the suit, Fox was aware “these statements were false.”
What FilmOn is seeking in the suit is compensatory damages, court costs, restitution and a court order barring further unlawful contact with customers, partners and retailers.
Fox has since put out a statement in response to FilmOn’s trade libel suit, stating, “Although we have not seen the suit we welcome the opportunity to let the court determine the legitimacy of Mr. David’s business practices.”
