Tuesday, March 15, 2011

IVI Preliminary Injunction

Back in November I blogged about the Fox/Cablevision dispute and discussed Fox claiming contributory copyright infringement when Cablevision customer service representatives allegedly told their custombers that the blacked out Fox broadcasts were available to watch through ivi.

In September 2010, prior to the Cablevision dispute, Fox and a number of other major broadcasters filed suit against ivi claiming copyright infringement in the Southern District of New York. As it turned out, ivi had begun offering local network television broadcasts in major cities (Chicago, Los Angeles, and New York) over the internet for a fee.

The Court issued a preliminary injunction last month to have ivi cease streaming television broadcasts over the internet. A complete text of the ruling can be found here via Public Knowledge.

Ivi claimed that it was a cable service, and thus was only required to pay a compulsory license; however, it did not obtain consent from broadcasters as required of other cable services. The FCC has not considered ivi a cable service nor did the judge.

Ivi has indicated that it is considering an appeal of the decision to the Second Circuit.

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