CBS News
Judge temporarily blocks launch of new Venu Sports streaming service from ESPN, Fox and Warner Bros. Discovery
The launch of Venu Sports will be delayed after a federal judge granted FuboTV’s motion for a preliminary injunction against the planned sports streaming venture by ESPN, Fox and Warner Bros. Discovery.
U.S. District Judge Margaret M. Garnett in the Southern District of New York said in her 69-page ruling that Fubo was likely to be successful in proving that the joint venture would violate antitrust laws, and Fubo and consumers would “face irreparable harm in the absence of an injunction.”
ESPN, Fox and Warner Bros. Discovery said they would appeal the ruling.
FuboTV filed the lawsuit two weeks after ESPN, Fox, Warner Bros. Discovery and Hulu announced their plan to offer a sports streaming service on Feb. 6.
FuboTV said in its filing that it has tried for years to offer a sports-only streaming service but has been prevented from doing so because of ESPN. Fox and Warner Bros. Discovery have imposed bundling requirements on FuboTV which it says forces “Fubo to spend hundreds of millions of dollars to license and broadcast content that its customers do not want or need.”
“Today’s ruling is a victory not only for Fubo but also for consumers. This decision will help ensure that consumers have access to a more competitive marketplace with multiple sports streaming options,” Fubo co-founder and CEO David Gandler said in a statement. “But our fight continues. Fubo has said all along that we seek equal treatment from these media giants, and a level playing field in our industry.”
“A fair and competitive marketplace is necessary to provide consumers with multiple, robust and more affordable sports streaming options,” Gandler continued. “We will continue to fight for fairness and for what’s best for consumers.”
Venu Sports announced on Aug. 1 it would be available for $42.99 per month with its planned launch in the fall.
The platform would include offerings from 14 linear networks — ESPN, ESPN2, ESPNU, SEC Network, ACC Network, ESPNEWS, ABC, FOX, FS1, FS2, Big Ten Network, TNT, TBS, truTV — as well as ESPN+.
Subscribers would have the ability to bundle the product with Disney+, Hulu and/or Max.
ESPN, Fox and Warner Bros. Discovery said in a joint statement: “We believe that Fubo’s arguments are wrong on the facts and the law, and that Fubo has failed to prove it is legally entitled to a preliminary injunction. Venu Sports is a pro-competitive option that aims to enhance consumer choice by reaching a segment of viewers who currently are not served by existing subscription options.”
ESPN, Fox and Warner Bros. Discovery will each share one-third ownership in the joint venture.
The ruling also drew reaction from cable and satellite companies, who are watching with interest due to their bundling requirements and what companies generally charge in subscriber fees.
In a statement provided to CBS News Friday evening, a spokesperson for DirectTV said, “We are pleased with the court decision and believe that it appropriately recognizes the potential harms of allowing major programmers to license their content to an affiliated distributor on more favorable terms than they license their content to third parties.”
The mother of the embattled hip-hop mogul Sean “Diddy” Combs released a statement Sunday defending her son against the criminal charges and multiple allegations of sexual misconduct he is currently facing while in federal custody in New York.
Combs, 54, has been detained at the Metropolitan Detention Center in Brooklyn since pleading not guilty on Sept. 17 to federal charges of sex trafficking, racketeering conspiracy and transportation to engage in prostitution.
In a statement released through her lawyers, Janice Smalls Combs says it has been “unbearable” to witness “what seems to be like a public lynching of my son before he has had the opportunity to prove his innocence.”
She then mentions that her son “has made mistakes in his past” and refers to an episode caught on security video that appeared to show Combs attacking singer Cassie, his former girlfriend, in a Los Angeles hotel hallway in 2016. In May, Combs apologized for the incident, saying his behavior was “inexcusable” and that he took “full responsibility” for his actions.
In November, Cassie, whose legal name is Casandra Ventura, filed a lawsuit accusing Combs of rape and abuse during their relationship; he denied the accusations. They reached a settlement the following day.
The indictment against Combs refers to the incident caught by the hotel security cameras. According to the indictment, Combs attempted to bribe a hotel security staff member who intervened in the incident to keep them quiet.
“My son may not have been entirely truthful about certain things, such as denying he has ever gotten violent with an ex-girlfriend when the hotel’s surveillance showed otherwise,” Janice Smalls Combs says in the statement. “Sometimes, the truth and a lie become so closely intertwined that it becomes terrifying to admit one part of the story, especially when that truth is outside the norm or is too complicated to be believed. This is why I believe my son’s civil legal team opted to settle the ex-girlfriend’s lawsuit instead of contesting it until the end, resulting in a ricochet effect as the federal government used this decision against my son by interpreting it as an admission of guilt.”
She adds that it has been “agonizing” to see people joke about her son’s situation “over lies and misconceptions.”
At the end of the statement, she asks fans and the public “to not judge him before you’ve had the chance to hear his side.”
“My son is not the monster they have painted him to be,” she says. “I can only pray that I am alive to see him speak his truth and be vindicated.”
In the indictment, prosecutors allege that since 2008 Combs has been part of a criminal organization that engaged in or attempted to engage in sex trafficking, forced labor, kidnapping, arson, bribery, obstruction of justice and other offenses.
Prosecutors accused Combs of using his business empire as a criminal enterprise to conceal his alleged abuse of women at events Combs referred to as “Freak Offs.”
“The ‘Freak Offs’ sometimes lasted days at a time, involved multiple commercial sex workers and often involved a variety of narcotics, such as ketamine, ecstasy and GHB, which Combs distributed to the victims to keep them obedient and compliant,” U.S. Attorney Damian Williams, of the Southern District of New York, told reporters when the indictment was unsealed.
On Oct. 1, Texas attorney Tony Buzbee said he was representing 120 accusers who have come forward with new sexual misconduct allegations against Combs. Buzbee said he expects lawsuits to be filed within the next month. Buzbee described the victims as 60 males and 60 females, and that 25 were minors at the time of the alleged misconduct.
Watch CBS News
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.
After days of uncertainty, the Federal Aviation Administration announced Sunday that SpaceX had been cleared to press ahead with the planned Monday launch of the European Space Agency’s $398 million Hera asteroid probe, stormy weather permitting.
With forecasters calling for an 85% chance of thick clouds and showers that would trigger a delay, Hera’s launch atop a Falcon 9 rocket from pad 40 at the Cape Canaveral Space Force Station is targeted for 10:52 a.m. EDT Monday. The forecast is 75% “no-go” if launch is delayed to Tuesday.
“The last hurdle is the weather. So, please, please, I need you to do something about it!” Hera project manager Ian Carnelli joked with reporters Sunday. “It’s the only thing I really cannot control. … It looks like we have some opening around the time of launch, but it’s really impossible to say at the moment.”
ESA
Hurricane Milton, meanwhile, poses threats throughout the week as the cyclone is expected to cross the Florida peninsula Wednesday and move out over the Atlantic Ocean near Florida’s Space Coast.
Launch of NASA’s $5.2 billion Europa Clipper mission, which had been planned for Thursday from the Kennedy Space Center, has been put on hold pending passage of the storm.
“The safety of launch team personnel is our highest priority, and all precautions will be taken to protect the Europa Clipper spacecraft,” said Tim Dunn, a senior launch director with NASA’s Launch Services Program.
“Once we have the ‘all-clear’ followed by facility assessment and any recovery actions, we will determine the next launch opportunity.”
Likewise, the return to Earth of three astronauts and a Russian cosmonaut aboard a SpaceX Crew Dragon ferry ship has been delayed by predicted bad weather.
Crew 8 commander Matthew Dominick, Mike Barratt, Jeanette Epps and cosmonaut Alexander Grebenkin, launched to the International Space Station last March. They had planned to undock Monday, returning to Earth to close out a 217-day mission.
National Weather Service
But NASA announced Sunday their departure would be delayed to at least Thursday because of expected bad weather. Crew Dragon ferry ships require calm winds and seas in the Gulf of Mexico or the Atlantic Ocean to permit a safe splashdown.
As for the Falcon 9, the FAA clearance only applied to the Hera launch while the agency continues overseeing an investigation into what caused a Falcon 9 second stage to malfunction Sept. 28 and miss its targeted re-entry point into Earth’s atmosphere over the Pacific Ocean.
SpaceX routinely sends spent second stages into the atmosphere for destructive breakups at the end of their missions to prevent possible collisions or other problems that might add to the space debris already in low-Earth orbit.
The FAA wants to make sure the problem is understood and corrected so future re-entries are carried out as planned, ensuring any debris that survives re-entry heating will splash down harmlessly in targeted ocean impact “footprints,” well away from shipping lanes and populated areas.
The second stage being used for the Hera mission will boost the space probe into deep space, using all of its propellant in the process. It will not return to Earth, so a malfunction, should one occur, would pose no safety threat.
“The FAA has determined that the absence of a second stage reentry for this mission adequately mitigates the primary risk to the public in the event of a reoccurrance of the mishap experienced with the Crew-9 mission,” the agency said in a statement, referring to the most recent Falcon 9 flight.
NASA
“Safety will drive the timeline for the FAA to complete its review of SpaceX’s Crew-9 mishap investigation report and when the agency will authorize Falcon 9 to return to regular operations,” the statement concluded.
The FAA did not address plans to launch the Europa Clipper atop a Falcon Heavy rocket Thursday for its long-awaited mission to Jupiter and its ice-covered moon Europa.
Like the Hera mission, the Clipper’s upper stage, the same one used for all Falcon-family rockets, will not return to Earth. Instead, it will burn all of its propellants to accelerate the probe to an Earth-escape velocity of 25,000 mph.
But FAA clearance to proceed, assuming it comes in time, likely will be a moot point, at least in the near term. It is unlikely the Clipper and its Falcon Heavy rocket will be moved to the Kennedy Space Center launch pad until after Milton has passed through the area.
