FilmOn X Wants D.C. Circuit to Wait on 9th Circuit Ruling

The U.S. Court of Appeals for the D.C. Circuit shouldn’t rule on FilmOn X’s appeal of a lower court decision denying it a compulsory license until after the 9th Circuit decides a similar FilmOn X case in California, the streaming video company argued in an appellant brief (in Pacer) filed Monday. Oral argument in the California case, which also concerns FilmOn X’s right to a compulsory copyright license, is scheduled for Aug. 4. Though it wants the D.C. Circuit to wait, FilmOn also asked the court to reverse the lower court ruling and to disregard the opinion of the Copyright Office. “Not only do the Office’s informal and inconsistent policy opinions fall short of formal rulemaking, they reflect open hostility to the compulsory copyright licensing regime Congress Established,” FilmOn X said.