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August 29, 2013 by · Leave a Comment 

Alki David, the founder of Aereokiller, which like Aereo delivers broadcast television signals to subscribers over the Internet via tiny antennas assigned to each user, returned to court on Wednesday as his appeal of a verdict blocking his system was heard by a three-judge federal panel. Entertainment industry attorney Jonathan Handel, who covered the proceedings for the Hollywood Reporter, observed: “Although it’s notoriously difficult to read the minds of appellate judges, there was probably enough at Tuesday’s oral argument in Fox v. Aereokiller [now called FilmOn] to make top network executives nervous.” Handel particularly took note of the fact that at one point during the proceedings, Judge Brian Cogan remarked to Aereokiller’s attorney that “your system is pretty damn clever,” and although he added that it seemed to have been conceived for for the sole purpose of “avoiding the statute” that makes public retransmission of copyrighted material illegal, he nevertheless remarked, “Maybe you have.” Commented Handel: “That can’t have been reassuring for the dozen or so network lawyers and executives in the courtroom.”