On today’s podcast, Colin and I discuss last Friday’s decision by U.S. District Court Judge Margaret Garnett, ruling in favor of Fubo by issuing a preliminary injunction preventing the launch of Venu Sports. Venu is a joint venture of Disney, Fox and Warner Bros. Discovery that includes 14 of the companies’ linear TV sports networks, plus on-demand content, for $43 per month. The companies filed an appeal on Monday.

As is evident from the ruling (thanks to the LightShed team for posting), Disney, Fox and Warner Bros. Discovery have created a “gilded cage” for themselves by - up until Venu - only including their sports networks in pay-TV’s multichannel bundle. Disaggregating these networks exclusively for Venu would create a torrent of cord-cutting, as live sports have become a mainstay for those still committed to pay-TV subscriptions. Judge Garnett agreed Venu would cause an immediate negative impact on Fubo (it would for other pay-TV operators too).

It’s not clear to either of us how specifically the JV partners will address the detailed points Judge Garnett articulated in her ruling, nor how persuasive they’ll be in lifting the injunction, especially given that the criteria for a judge to issue an injunction like this is in the first place is the presumption that an eventual trial would arrive at the same conclusion. All of this leaves Venu’s future highly uncertain.

Listen to the podcast to learn more (31 minutes, 33 seconds)

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