CBS Broadcasting v. FilmOn.com Inc., No. 14-3123 (2d Cir. 2016)Annotate this Case
The district court issued an injunction prohibiting FilmOn from distributing copyrighted
content owned by plaintiffs. On appeal, FilmOn and its CEO, Alkiviades David, appealed the district court's judgment holding FilmOn and David in contempt of the injunction because FilmOn had used its Teleporter technology (“Teleporter System”) to distribute plaintiffs’ copyrighted television programs without plaintiffs’ permission. The court concluded that the district court did not abuse its discretion when it held FilmOn in civil contempt where FilmOne did not make a diligently reasonable attempt to comply with the Injunction under which it was already required to operate; held David in civil contempt because David both had the power to force FilmOn to comply and failed to take appropriate action within his power to prevent FilmOn from violating the injunction; sanctioned FilmOn $90,000 because the fine was civil in nature where the purpose of the sanction was to coerce FilmOn into future compliance; and awarded plaintiffs attorneys' fees.