[opendtv] Consumer Lobbies Get Behind TV Streamer ivi

From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
Date: Tue, 1 Feb 2011 16:54:08 -0600
Speaking of watching live, familiar TV streams online ...

I'm not entirely sympathetic with their plight, though. I would be far more 
sympathetic if they didn't charge a monthly fee, just for the TV content. If 
they do charge a monthly fee, then those providing the content for this new 
venture deserve compensation.

I can justify copying a picture out of a book to use, say, in my own school 
paper. But it seems wrong to sell books that are compilations of copied 
content, without consent or compensation to the content creators. Using the 
Internet as the medium should not change any of this, IMO.

Bert

------------------------------------------
http://www.tvtechnology.com/article/113110

Consumer Lobbies Get Behind TV Streamer ivi
02.01.2011.

WASHINGTON: Four public public-interest groups have friended ivi.tv, the 
Seattle company streaming TV signals online without broadcasters' consent. 
Public Knowledge and three other organizations filed an amicus brief filed with 
the U.S. District Court in New York's Southern District advocating for ivi.tv. 
The streamer is the subject of a copyright infringement lawsuit brought by 
broadcasters seeking to shut it down.

Public Knowledge, Electronic Frontier Foundation, Media Access Project and Open 
Technology Initiative filed the brief. They characterized ivi.tv as part of an 
emerging wave of online video providers that are fostering competition and 
helping to hold down cable and satellite TV rates.

Online video providers "must be allowed to operate and innovate in this space 
if their promise is to be fulfilled," the groups said. "Issuing a temporary 
restraining order or preliminary injunction against ivi would frustrate this 
potential by effectively shutting down ivi's business."

The brief supported ivi's position that it has the right to carry TV signals 
under copyright law because it fits the Copyright Act definition of a cable 
system. The Act holds that a "cable system is a facility. . . that in whole or 
in part receives signals transmitted or programs broadcast by one or more 
television broadcast stations licensed by the Federal Communications 
Commission, and makes secondary transmissions of such signals or programs by 
wires, cables, microwave or other communications channels to subscribing 
members of the public who pay for such service."

ivi.tv offers around 65 channels for $5 a month in Seattle, New York, Los 
Angeles and Chicago, and soon, Philadelphia. It launched pre-emptive legal 
action last year in a Seattle federal court to prevent broadcasters from coming 
after it. The Seattle court recently rejected its request for a declaratory 
ruling that the service does not violate copyright law. The company hasn't 
released subscriber numbers, nor has it sought retransmission consent as cable 
and satellite companies do. The PK, et al, amicus brief holds that retrans 
doesn't cover Internet distribution.

"Broadcasters have no quasi-IP right to their signals; in fact, the United 
States has declined to enter into the Rome Convention, an instrument that would 
have created such a right," the brief states. "No one has any obligation to get 
the consent of broadcast stations to retransmit their signals, except insofar 
as they are specifically required to under the law."

Further, the groups say that while broadcasters won't be substantially harmed 
if ivi.tv continues to function during litigation, ivi.tv would go out of 
business under a temporary restraining order.

Plaintiffs include WPIX-TV, WNET-TV, ABC, CBS, The CW Television Stations, NBC 
Universal, Major League Baseball, Fisher Broadcasting, Tribune, Fox Television 
and others. A hearing on the request for a temporary restraining order is 
scheduled for Wednesday before U.S. Dist. Judge Naomi Reice Buchwald.

-- Deborah D. McAdams
 
 
----------------------------------------------------------------------
You can UNSUBSCRIBE from the OpenDTV list in two ways:

- Using the UNSUBSCRIBE command in your user configuration settings at 
FreeLists.org 

- By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word 
unsubscribe in the subject line.
[opendtv] Consumer Lobbies Get Behind TV Streamer ivi

Other related posts:
