Fox Says ‘Competitor’ Is Just a Pirate

MANHATTAN (CN) - Fox News sued TVEyes, claiming the search engine for radio and TV clips wantonly steals proprietary content 24 hours a day and sells it on the Internet.

Fox News sued TVEyes, a Delaware corporation based in Fairfield, Conn., in Federal Court.

Fox claims TVEyes is willfully violating its intellectual rights around the clock.

"Specifically, TVEyes copies Fox News's proprietary programming twenty-four hours a day as it is being telecast and makes the programming available for a subscription fee to Internet users on its website," the complaint states.

"... TVEyes makes verbatim reproductions of Fox News' programming and the closed captioning associated therewith. After unlawfully and willfully appropriating all of Fox News' content, TVEyes, without Fox News's consent, distributes, publicly performs and publicly displays that content on its own website."

Fox calls it "a deliberate attempt to profit from Fox News's valuable intellectual property." It claims the defendant competes unfairly with Fox broadcasts and with its clip-licensing service.

"TVEyes is well aware that it must obtain a license, consent or authorization from Fox News in order to reproduce, distribute, publicly perform, publicly display and/or otherwise use Fox News's programming and content in this manner," the network says. "In fact, TV Eyes contacted Fox News seeing a license for its use of Fox News content.

"Fox News declined and demanded on multiple occasions that TVEyes cease its willful and infringing reproduction of Fox News's content. TVEyes has refused to comply and even to respond to Fox News's most recent letter."

Fox claims it has been irreparably harmed by TVEyes' ongoing practice of "knowingly, intentionally and willfully" violating copyrights, "attempting to build a business by stealing Fox News's programming and content."

TVEyes charges a subscription fee of $500 per month per user, according to the complaint.

Fox seeks an injunction and compensatory and statutory damages for copyright violations.

It is represented by Dale Cendali with Kirkland & Ellis.

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