Major broadcast networks are taking two online video streaming services to court in order to keep them from streaming free over-the-air broadcasts to customers. Both companies, FilmOn and Ivi, contend they should have the right to stream the content under a compulsory license attached to some forms of content in the US Copyright Act. The networks contend that the companies are "unjustly profiting" off of networks' programming.

ABC, CBS, Fox, and NBC filed separate suits against FilmOn and Ivi in the US District Court of the Southern District of New York. A judge is considering a temporary restraining order against FilmOn while a similar hearing for a restraining order against Ivi is expected in the next few weeks.

The Wall Street Journal noted that the legal clash is just one of many as media companies seek to control how viewers access TV content online. FilmOn founder Alki David told WSJ that TV networks "have to deal with me or someone like me or be devoured by the pirates." FilmOn and Ivi both allow users to stream the same OTA broadcasts—with commercials intact—as they would be able to access for free with an antenna.

The networks have only recently (and begrudgingly) began offering a wider range of content on services like Netflix, Hulu Plus, and iTunes. Still, many gaps exist from some popular shows and especially for live sports broadcasts and other live events. FilmOn and Ivi seek to fill these gaps for their users, but broadcasters won't offer either company licenses, unlike the licenses that must be offered to satellite and cable companies for rebroadcasting a live signal. Ivi CEO Todd Weaver told WSJ that he hopes the FCC will categorize his service as an "online cable company," in order to force the broadcasters to work out a deal. "The problem is we are left out of an even playing field," Weaver said.

Still, legal precedent is on the broadcasters' side. The Copyright Office has repeatedly said that the compulsory licensing for cable systems doesn't extend to online streaming. Last year the networks also successfully sued New Jersey-based VuiVision to stop the company from streaming their programming.