Fox to Challenge Ruling Granting Streaming Site Rights to Compulsory TV License

Fox Broadcasting said it will appeal a U.S. federal court’s decision finding Internet video streaming site FilmOn — which has been waging a five-year legal battle with broadcasters — is entitled to a compulsory license to retransmit TV station programming online, just like a cable operator.

In the decision, issued Thursday, Judge George Wu of the U.S. District Court for the Central District of California said federal copyright code does not distinguish between traditional cable TV providers and online services like FilmOn with respect to rights to a compulsory retransmission license.

“Courts consistently reject the argument that technological changes affect the balance of rights as between broadcasters and retransmitters in the wake of technological innovation,” Wu wrote. “Instead, courts have left such rebalancing to Congress.”

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