FilmOn X Petition Denied for Rehearing of 9th Circuit Copyright Decision

The 9th U.S. Circuit Court of Appeals denied a FilmOn X petition for rehearing en banc of its March decision saying streaming services aren't eligible for compulsory licenses for broadcast content (see 1704050016). The order (in Pacer) posted Friday said judges Diarmuid O'Scannlain, Johnnie Rawlinson and Consuelo Callahan denied the petition and no judge of the full court requested a vote to rehear the petition en banc. FilmOn also has appeals going in the 7th and D.C. Circuits regarding cases in which other lower courts ruled it wasn't eligible for a compulsory license (see 1703210023). FilmOn counsel Ryan Baker of Baker Marquart emailed us Monday that now FilmOn is waiting for the D.C. Circuit decision and an issuance of mandate in the 9th Circuit to send the case back to the district court.