• by Wendy Davis  @wendyndavis, January 5, 2018

Fighting back against the major studios, TickBox denies that it induces consumers to stream pirated video.

"The Box is not sold with any unauthorized or illegal content, nor is unauthorized or illegal software installed," TickBox says in papers filed late last year with U.S. District Court Judge Michael Fitzgerald in the Central District of California. The company adds that it "does not profit if users access unauthorized content" and "does not sell or otherwise provide unauthorized content or software to access unauthorized content."

TickBox's papers come in response to a lawsuit filed in October by the major Hollywood studios and the web companies Amazon and Netflix. The content owners claim that TickBox, a device that allows consumers to access over-the-top video, induces consumers to infringe copyright. The studios have asked Fitzgerald to prohibit TickBox from distributing its device.

TickBox is asking Fitzgerald to reject that request. "Although access to unauthorized streams is possible, it is no easier or different on the Box than it would be on a computer or mobile phone," TickBox writes.

TickBox TV is powered by Kodi -- open-source software that enables people to play video. The content companies alleged that TickBox also uses add-ons that "scour the Internet for illegal sources of copyrighted content and return links that enable TickBox TV customers to view unauthorized streams of popular motion pictures and television shows."

TickBox counters that it isn't responsible for add-ons created by third parties that stream pirated videos. "Undoubtedly, there are third-party sources which 'transmit' copyrighted works," TickBox writes. But, TickBox adds, the studios don't allege in their complaint that TickBox has caused those outside companies to infringe copyright.

When the lawsuit was filed, TickBox said on its website that its service will let users stop "wasting money with online streaming services like Netflix, Hulu, or Amazon Prime."

TickBox has since revised the language on its site and user interface. The company argues to Fitzgerald that its new ads are "substantially similar to that of other streaming devices, such as Amazon Firestick and Roku, which encourage users to stream television programs and movies."

The company's home page currently includes the following language: "Frustrated with overpriced cable bills? Turn your TV into a content filled home theatre system enjoying thousands of movies, TV shows that you want to watch."

The site also includes small print stating that TickBox "should not be utlized [sic] to download or stream any copyrighted content without permission from the copyright holder."

Fitzgerald is expected to address the content companies' request for a hearing at a January 29 hearing.