[opendtv] The Ying
- From: Craig Birkmaier <craig@xxxxxxxxx>
- To: OpenDTV Mail List <opendtv@xxxxxxxxxxxxx>
- Date: Sat, 9 Apr 2011 11:04:15 -0400
http://www.multichannel.com/article/466487-Time_Warner_Cable_Seeks_Court_Ruling_To_Approve_iPad_App_For_Viacom_Nets.php
Time Warner Cable Seeks Court Ruling To Approve iPad App For Viacom Nets
Viacom Responds With Lawuit Charging MSO Is Violating Terms of
Distribution Agreement
By Todd Spangler -- Multichannel News, 4/7/2011 3:51:40 PM
Time Warner Cable filed a request for declaratory judgment Thursday
in a federal court relating to Viacom cable networks, seeking a
ruling that the cable operator has the rights under its carriage
agreement to deliver Viacom's programming to any device in a
subscriber's home -- while Viacom responded that it sued TWC for
breach of contract and copyright violation.
The cable operator filed the case in the US. District Court for the
Southern District of New York.
In a statement, Time Warner Cable executive vice president and
general counsel Marc Lawrence-Apfelbaum said, "We have steadfastly
maintained that we have the rights to allow our customers to view
this programming in their homes, over our cable systems, without
artificial limits on the screens they can use to do so, and we are
asking the court to confirm our view. With over 360,000 downloads of
our TWCableTV app, it is clear that our customers welcome the
convenience and flexibility our new app provides."
Viacom said in a statement, "Viacom has always negotiated rights to
distribute our content based on specific technologies and devices to
ensure that the unique business issues, such as security, product
quality and audience measurement, are properly addressed."
Continued Viacom, "Instead of addressing these issues, Time Warner
Cable simply launched the product without a license to distribute our
programming through an iPad app. They blatantly grabbed the rights
that their competitors have negotiated in good faith to obtain."
TWC launched the app on March 15. Subsequently Viacom sent a
cease-and-desist letter to the cable operator, demanding that its
programming be removed.
According to Viacom, the cable operator "removed our programming from
this service only when they were threatened with a lawsuit and, now,
it is asking the Court to declare their brazen acts lawful.
Regrettably, all of this has compelled us to file a suit of our own
-- as Time Warner Cable refuses to even discuss the business issues.
With $5.2 billion in cash from operations last year, Time Warner
Cable can certainly afford to provide our programming through this
new broadband service without passing along any additional costs to
its customers."
Discovery Communications and News Corp.'s Fox Cable Networks also
demanded TWC pull their networks; however, they are not named in the
TWC request for declaratory judgment. The cable operator removed 12
networks on March 31: Discovery's Animal Planet, Discovery and TLC;
Fox's FX and National Geographic Channel; and Viacom's BET, CMT,
Comedy Central, MTV, Nick, Spike and VH1.
The TWCable TV for iPad app currently provides 49 channels, which are
available to customers whose subscriptions include them.
Separately, Cablevision Systems launched an iPad app -- which the MSO
touted had been downloaded more than 50,000 times in the first five
days of its release -- that provides up to 300 live TV channels on
the tablet devices in customers' homes.
Regional sports network YES Network said Cablevision's iPad app was
unauthorized but it is not clear whether Cablevision has received the
kinds of legal threats that TWC has.
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