iWorld

American Court issues injunction in case relating to re-transmission of broadcast signals over internet

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/smartcrop_800x800/public/images/internet-images/2014/06/26/Areno.jpg?itok=WsFSETdS

NEW DELHI: Insisting that it was not striking a blow against new communications technology, the American Supreme Court has ruled that the engineers at the new firm of Aereo had — so far — not found a way to avoid violating television networks’ copyright privileges by delivering their programmes to Aereo’s customers for a small monthly fee.

In what is clearly a landmark decision, the SC reversed a lower court decision denying an injunction to broadcasters in a case in which the court considered “whether a company ‘publicly performs’ a copyrighted television programme when it retransmits a broadcast of that program to thousands of paid subscribers over the Internet.”

The petition was filed by American Broadcasting Companies against Aereo.

The case arose from a broadcaster petition to reverse a lower court ruling that denied an injunction against Aereo.

The injunction was sought to shut down the service while the question of copyright was determined.

Broadcasters claim Aereo is violating their copyright by reselling TV signals—like a cable operator—without permission. Aereo says it is not reselling signals, but “renting” individual antennas to monthly subscribers who pay $8 to $12 monthly for the multichannel service targeting second-screen devices.

However, senior Supreme Court lawyer Amy Howe who is an expert on copyright and edits the SCOTUS Blog wrote: “Aereo performs petitioner’s works publicly within the meaning of the transmit clause of the Copyright Act.”

Analysing the order, the blog said the analytical technique the Court used in finding a likely copyright violation by Aereo was to compare its streaming of internet-based TV programmes to cable TV systems’ snatching of TV broadcasts out of the airwaves for re-delivery to customers.  Congress had meant to bar that kind of programming in a major 1976 revision of the Copyright Act, the Court said, and it applied that change directly to Aereo’s clever new business model.

The over-the-air TV broadcast industry had taken the case to the Supreme Court, claiming that its very survival was at stake.  Aereo’s system, the industry contended, was offering a very cheap version of TV programming to its customers while paying not a cent in royalties to the TV networks and their program developers.  This was threatening to draw the networks’ own paying customers away, depriving it of revenues that have been replacing their declining take from advertising, the TV firms said.

The Court, in its six-to-three ruling, said nothing about rescuing the TV broadcasters, basing its ruling on a fairly simple application of what it means to “perform” a copyrighted program through distribution to “the public.”   Aereo’s system, Justice Stephen G. Breyer wrote for the majority, both performs the copyrighted programs and does so through delivery to the public.

Aereo has developed a system in which it uses thousands of tiny antennas, each tuned to respond to an individual customer’s internet demand for a particular TV programme, and through those antennas it delivers to each customer only their own personal copy.   Aereo contended that it simply was supplying the technology hardware — like a DVD recorder — to enable its customers to get access to TV programmes that were broadcast over the air.

The Court rejected that claim, concluding that Aereo was not simply an equipment provider. It was putting on the TV shows for its customers, the public.

However the Court said it was issuing only a narrow ruling.  It said it was dealing, at this point, only with Aereo’s system so far as it enabled its viewers to view copyrighted TV programmes “live,” or after only a brief delay. Justice Breyer stressed that the decision said nothing about downloading a TV programme in order to recover it and keep it on hand for somewhat later viewing. Justice Breyer also said the new decision was not dealing with other potential time-shifting download technologies.

Aereo’s case will now return to lower courts, and it appears that Aereo may have some opportunity there to salvage some of what its offers to its customers.  

Latest Reads

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/05/29/Ed-Sheeran.jpg?itok=-A8yAnSi
YouTube's Top 50: T-Series tops & SET India bags 5th slot

MUMBAI: T-Series stay put in its #1 spot on the top of the charts for the 11th week in a series. One of the India’s largest music labels and movie studio’s destination on YouTube popped up 26% to close out the week with more than 321.3 million views. Way far behind in the second place was Ryan...

iWorld Video On Demand
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/05/29/TV-%20mobile.jpg?itok=6OSPuTER
The shape of Indian OTT universe circa 2021 according to Rethink Tech Research

MUMBAI: This should put OTT players on alert and gladden the hearts of linear TV distribution and programming executives. The latest numbers about how India’s video guzzlers are going to consume VoD services by the UK-based industry tracker Rethink Technology Research reveal that India will have...

iWorld Over The Top Services
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/05/29/Arnold_C_Kulbatzki_0.jpg?itok=bCs-ZlAI
Bubbles' Bobble TV caters to Asian, LatAm & African expat-viewers in Europe

Launched in August 2016, the satellite-to-OTT platform TV services of bobbles.tv is aimed at expats of Asian, Latin American and African origins based in Europe. Supported by MX1, Bobbles can also be enjoyed via OTT for online viewing, via connected TV or mobile devices. bobbles.tv is a product of...

iWorld Over The Top Services
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/05/27/alt.jpg?itok=LHRj-Sj0
ALTBalaji to launch its first Tamil show 'Maya Thirrai'

ALTBalaji has announced the release of its first Tamil show- Maya Thirrai, with its 16 episodes available on ALTBalaji platform. To mark ALTBalaji’s entry into Tamil regional entertainment space, Ekta Kapoor brought together distinguished team of director Kaushik Narasimhan and producer Kutty...

iWorld Over The Top Services
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/05/27/Sunil%20Lulla%20Eros_0.jpg?itok=RifqFLMB
Eros profit grows despite lesser releases, demonetization

BENGALURU: The Sunil Lulla led Eros International Media Limited (Eros) reported 7.9 percent growth of consolidated profit after tax attributable (PAT) to Eros shareholders for the year ended 31 March 2017 (FY-17, current year, fiscal) despite releasing lesser films and demonetisation as compared to...

iWorld Over The Top Services
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/05/26/RS%20Sharma-800x800.jpg?itok=oJoKtG0s
Telcos can't discriminate tariffs in same category

MUMBAI: Telecom regulator TRAI has directed telecom operators to stop providing discriminatory tariffs to the subscribers of the same category and report all plans to the sector watchdog within seven days of their launch. The decision, signed by KaushaI Kishore, advisor (F&EA), comes soon after...

iWorld Telecom
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/05/25/sameer-nair-800X800.jpg?itok=I3q6fOtN
ALT Balaji & the Balaji Telefilms story, courtesy Sameer Nair

MUMBAI: The ALT key on computer keyboards is quite a crucial one. As is recently launched OTT/SVOD service ALT Balaji for content producer Balaji Telefilms Ltd (BTL). CEO and broadcast veteran Sameer Nair is quite sanguine that the app is well on course to hit breakeven point as planned, but...

iWorld Over The Top Services
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/05/24/amazon.jpg?itok=_TzYHpwY
Amazon Prime Video to entertain kids with new shows and seasons

A summer blockbuster line up of four brand new shows and seasons named named ‘Atchoo’, ‘ Munki and Trunk’ and ‘Zak Storm’, in addition to ‘Astro Forice’ which has megastar Amitabh Bachchan in an animated superhero avatar are to commence on Amazon Prime Video this summer.

iWorld Over The Top Services
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/05/24/alt.jpg?itok=1LgwBOOb
Axis Capital appointed as banker for ALT Digital Media

The Ekta Kapoor led Balaji Telefilms Limited (BTL) has announced Axis Capital as the banker for investments into its digital business ALTBalaji thru BTL’s wholly owned subsidiary ALT Digital Media Entertainment Limited.

iWorld Over The Top Services

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories