In December 2012, the Central District of California issued an injunction against Barry Driller Content Systems d/b/a Aereokiller d/b/a FilmOn X, a competitor of soon-to-be Supreme Court litigant Aereo, holding that the broadcasters showed a likelihood of success on the merits of their claims that the streaming service infringed their “public performance” rights. Fox Television Stations, Inc v Barry Driller Content Systems, PLC, 915 F. Supp. 2d 1138 (C.D. Cal. 2012). More recently, the federal district court for the District of Columbia also issued a nationwide injunction against Aereokiller, only excepting states in the Second Circuit from the scope of the injunction. Fox Television Stations, Inc v FilmOn X LLC, 2013 WL 4763414, (D. D.C. Sept. 5, 2013).

The Supreme Court granted certiorari in the appeal of WNET, Thirteen v. Aereo, Inc., 712 F.3d 676 (2nd Cir. 2013) on January 10, 2014.