In December 2012, the Central District of California issued an injunction against Barry Driller Content Systems d/b/a Aereokiller d/b/a FilmOn X, a competitor of soon-to-be Supreme Court litigant Aereo, holding that the broadcasters showed a likelihood of success on the merits of their claims that the streaming service infringed their “public performance” rights. Fox Television Stations, Inc v Barry Driller Content Systems, PLC, 915 F. Supp. 2d 1138 (C.D. Cal. 2012). More recently, the federal district court for the District of Columbia also issued a nationwide injunction against Aereokiller, only excepting states in the Second Circuit from the scope of the injunction. Fox Television Stations, Inc v FilmOn X LLC, 2013 WL 4763414, (D. D.C. Sept. 5, 2013).
