Big Defeat For Online Streaming

September 9, 2013 – In The News
National Law Journal

Darrell D. Miller was quoted in the National Law Journal article "Big Defeat For Online Streaming." While the full text can be found in the September 9, 2013, issue of National Law Journal, a synopsis is noted below.

Television broadcasters scored a big victory last week in their mission to halt television streaming services, when a federal trial judge granted a nearly nationwide injunction blocking the operations of one of the streaming services to face the networks’ wrath in court. The judge found that the company was retransmitting copyrighted material in violation of federal law.

The injunction applies across the country, except in the boundaries of the U.S. Court of Appeals for the Second Circuit, where the networks lost a motion for an injunction.

According to Darrell D. Miller, the varied court rulings present the “perfect storm” of litigation likely destined for the Supreme Court. “You’re going to continue to see a bunch of forum-shopping to get complete record of confusion on the record, in which case that’s a perfect scenario for someone” to seek review from the high court, Miller said.

Miller said that, like the launch of cable several decades ago, the online streaming services represent “another chip away at the armor of the broadcast networks’ dominance of the broadcast audience.