Richard L. Stone

Stone represented FOX and worked alongside a host of other attorneys for the major broadcast networks like ABC, NBC, CBS, and PBS in a showdown against Aereo, a website that streamed live TV feeds from the networks without permission.

In June, the U.S. Supreme Court ruled Aereo was infringing on the broadcasters' copyrights. It was a major and hardfought victory for a television industry that has been rocked by emerging technologies. American Broadcasting Cos. Inc. et al. v. Aereo Inc., CV12-1540, (S.D.N.Y., filed March 1, 2012). Lower courts sided with Aereo.

"I think copyright is still mysterious to some judges," Stone said. "It's also difficult when technology changes, and you're applying copyright laws. Some people focus too much on the technology, not on the copyright law, and that can present problems."

Though Aereo continues to fight against an injunction, Stone is now dealing with another case with the potential issues for the Supreme Court based on how copyrighted programming can be broadcasted to the public when there is permission. Stone again represents FOX, a 24-year client, in its attempt to have satellite cable provider Dish Network LLC stop showing the network's programming on-demand and online without commercials and allowing customers to download programming. Fox Broadcasting Co. Inc. et al. v. Dish Network LLC, CV12-04529 (C.D. Cal., filed May 24, 2012).

FOX argues customers watching on-demand programming that skips commercials competes with its ability to rank high for television ratings measured by Nielsen Holdings N.V. and hurts its revenue. The 9th U.S. Circuit Court of Appeals affirmed the district court's ruling that FOX had not proved irreparable harm.

The case is back in the district court, and Stone said it's too early to tell if it will head to the Supreme Court, but it almost mirrors the Aereo case.

"There's an issue of whether skipping commercials is fair use if the copyright owner doesn't own copyright of commercials but they're necessary to the copyrighted programming," he said. "DISH is making the same arguments as Aereo."

Stone, who practices media and entertainment law but began in commercial litigation and antitrust, said these major cases may spark a rise in legal action if television and media companies can't compromise on the issue.

"There's money at stake and there's a convergence technology, so there will be more disputes," he said

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