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Guest Message by DevFuse

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Winners and losers from the disputes with Fox

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4 replies to this topic

#1 OFFLINE   Greg Bimson

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Posted 01 November 2010 - 10:09 AM

So I attempted to do some digging regarding the outcome of packaging on the disputes. I ended up finding a clear winner. From HollywoodReporter.com:

Meanwhile, Seattle-based online video provider Ivi Inc. claimed a victory thanks to the Cablevision-Fox dispute, saying Monday it saw a 323% increase in new subscribers throughout the Fox programming blackout. It didn’t provide actual numbers for new subscribers.

Major broadcasters recently filed a lawsuit against Ivi, claiming that the startup is infringing copyrights by retransmitting over-the-air broadcast signals online. The company has argued it operates under a legal loophole that allows cable and satellite companies to retransmit over-the-air broadcast content as long as they pay semi-annual fees to the U.S. Copyright Office.

So I googled news on Ivi, and found this, from San Francisco Chronicle's sfgate.com:

Fast Facts about ivi TV's Legal Position

Section 111 of the 1976 Copyright Act permits cable systems to retransmit television broadcasts

  • ivi TV is a cable system under Section 111 of the 1976 Copyright Act
  • ivi TV is entitled to a statutory license under Section 111 of the 1976 Copyright Act
  • ivi TV pays the Copyright Office under its statutory scheme and it, in turn, pays the content owners
  • The FCC does not regulate the Internet, hence;
  • ivi's retransmission of television broadcast over the Internet is permissible

ivi TV's downloadable app makes it easy to watch live television programming online for only $4.99 a month after a 30 day free trial. The company pays broadcasters in the same fashion as prescribed by law for cable companies.

ivi TV offers more content than Hulu and a 30 day free trial to watch major broadcast channels including ABC, NBC, CBS, Fox, The CW, PBS, and others from a growing number of local affiliates, all available via a downloadable app at ivi.tv.

I'm ready for a smackdown of immense proportions.

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#2 OFFLINE   James Long

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Posted 01 November 2010 - 11:02 AM

An interesting concept. Claiming protection under the law as a "cable system" but then claiming no responsibility under the law that being a "cable system" requires?

They are currently carrying NYC and Seattle TV channels and subchannels. If they delivered the NY ones to Cablevision subscribers in the NY market they would have needed permission to carry the signals.

They should be governed the same as FIOS even if they don't own or sell the connection to the home. If they want to be a "cable system" they need to follow all the laws applicable to a "cable system". Otherwise there is no statutory license for them to rely on.

BTW: The site is registered to an individual in Seattle, WA, and is hosted on a server apparently in San Fransisco, CA. I expected this to be an offshore operation.

Edited by James Long, 01 November 2010 - 11:08 AM.

#3 OFFLINE   kenglish



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Posted 01 November 2010 - 12:29 PM

Do they interrupt ALL of their programming streams whenever there is an EAS or AMBER Alert?
Do they collect local and state taxes?
Do they have retrans agreements with all of the stations?

#4 OFFLINE   phrelin


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Posted 18 November 2010 - 12:58 AM

Buried in news articles today about Senator Jay Rockefeller blasting cable news was the fact that it was a hearing on the recent disputes between channel owners and cable and satellite companies. From the LA Times:

...The topic of the hearing being held by the Senate Commerce Committee's subcommittee on Communications, Technology and the Internet's topic is supposed to be the recent rash of fights between broadcasters and cable operators over distribution agreements that have in many cases left consumers in the lurch.

...Rockefeller is chairman of the Senate Commerce Committee, which oversees the subcommittee.

Rockefeller eventually got around to focusing on the issue at hand -- how cable and broadcasters negotiate deals to carry entertainment programming. He said he wants to know why consumers "have to pay for so many channels," when most people only watch a handful of networks. "We need slimmed-down channel packages," he said.

"If you fail to fix this situation, we're going to fix it for you," Rockefeller warned. If that happens, he added, the goal will be to do more than "referee your corporate money feuds."

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#5 OFFLINE   SayWhat?


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Posted 18 November 2010 - 02:15 AM

Do they interrupt ALL of their programming streams whenever there is an EAS or AMBER Alert?

I sure hope not. That's one thing I hate about OTA.

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