2ND UPDATE, 12:30 PM: The contempt of court ruling leveled against FilmOn on Tuesday is quickly turning into a battle outside the courts as well. Today plaintiff CBS told me that it did not withhold any licensing agreement from FilmOn from the court because it never received one – despite what the streaming service’s lawyer says. Last night, after I reported on the contempt of court ruling against FilmOn and its CEO Alki David, attorney Ryan Baker contacted me to say he had given the document requested by the court to CBS counsel on August 20 but the network never made that known to the federal court. Baker alleged that such a failure of notification led Judge Naomi Reice Buchwald to make the contempt of court ruling on Tuesday. CBS clearly begs to differ. Read their statement here:
No wonder this lawyer’s client was held in contempt. The court held a complete hearing on this subject and no licensing agreement was produced by either this lawyer or his client. Of course no such agreement exists. Would not this lawyer produce such an agreement to the court if it did? The client failed to produce such an agreement, the lawyer failed to produce such an agreement and the court pointed this out in its opinion (see, pages 20-21 of the opinion). CBS has never received or for that matter even seen such a so-called executed licensing agreement. Talk of diversionary tactics. This is sour grapes so strong that the fermentation has already begun. They lost, period.