SAN FRANCISCO—A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has reversed a lower court decision that FilmOn X was eligible for the same compulsory license to TV programming as cable operators. In the official decision, the court said that “a service that captures copyrighted works broadcast over the air, and then retransmits them to paying subscribers over the internet without the consent of the copyright holders, is not a ‘cable system’ eligible for a compulsory license under the Copyright Act.”
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