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Court Orders Internet Rebroadcaster ivi To Halt Service

WASHINGTON, February 23, 2011 – A federal judge ordered Internet video provider ivi TV to cease rebroadcasting by on Monday, after concluding the provider did not fall under the protection of the Copyright Act.

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WASHINGTON, February 23, 2011 – A federal judge ordered Internet video provider ivi TV to cease rebroadcasting by on Monday, after concluding the provider did not fall under the protection of the Copyright Act.

Ivi captures the over-the-air signal of broadcast stations in Seattle, New York, Chicago and Los Angeles, then streams the programming live over the Internet to subscribers. Ivi previously asserted that its service fell under the compulsory license of the Copyright Act as a cable system and had asked for a declaratory decision to that effect.

Judge Naomi Reice Buchwald of the U.S. District Court in the Southern District of New York found that Ivi’s strategy of paying a fee to the Copyright Office was not enough for Ivi to rebroadcast the video content in compliance with Copyright Act. She found that ivi was not “a cable system for purposes of the Communications Act, and thus it need not comply with the requirements of that Act and the rules of the FCC promulgated thereunder.”  The decision concluded that the video provider is not a cable system the Act, and thus did not reach the question of whether they are governed by the Communications Act as a whole.

The Plaintiffs in the case included Broadcasters  ABC, NBC, CBS, PBS, Fox Television Stations, Cox Media Group, and Major League Baseball .

Ivi TV’s chief executive, Todd Weaver, said in a blog on the company’s website that he was disappointed with the outcome and that the company would “appeal to the Second Circuit Court of Appeals” and “will explore Congressional and Administrative solutions”

Nate Hakken is a native of Washington, DC. As the son of two itinerant academics, Nate spent much of his childhood living in England and Scandinavia. He has a B.A. from Sarah Lawrence College, as well as a J.D. from Vermont Law School, where he studied Internet and technology law. Nate is a jack-of-all-trades, having worked as a sound engineer, teacher, camp director, outdoor adventure guide, and medical researcher. Outside of work, he is an avid cyclist who competes across the Mid-Atlantic and has been known to play the guitar when asked nicely.

Antitrust

Explainer: Antitrust Heats Up as Biden Selects Tech Critic Jonathan Kanter for Top Enforcement Spot

In the fourth in a series of explainers, Broadband Breakfast examines the Biden administration’s intent to bash Big Tech.

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Photo of Jonathan Kanter at the Capitol Forum by New America used with permission

WASHINGTON, February 23, 2011 – A federal judge ordered Internet video provider ivi TV to cease rebroadcasting by on Monday, after concluding the provider did not fall under the protection of the Copyright Act.

Ivi captures the over-the-air signal of broadcast stations in Seattle, New York, Chicago and Los Angeles, then streams the programming live over the Internet to subscribers. Ivi previously asserted that its service fell under the compulsory license of the Copyright Act as a cable system and had asked for a declaratory decision to that effect.

Judge Naomi Reice Buchwald of the U.S. District Court in the Southern District of New York found that Ivi’s strategy of paying a fee to the Copyright Office was not enough for Ivi to rebroadcast the video content in compliance with Copyright Act. She found that ivi was not “a cable system for purposes of the Communications Act, and thus it need not comply with the requirements of that Act and the rules of the FCC promulgated thereunder.”  The decision concluded that the video provider is not a cable system the Act, and thus did not reach the question of whether they are governed by the Communications Act as a whole.

The Plaintiffs in the case included Broadcasters  ABC, NBC, CBS, PBS, Fox Television Stations, Cox Media Group, and Major League Baseball .

Ivi TV’s chief executive, Todd Weaver, said in a blog on the company’s website that he was disappointed with the outcome and that the company would “appeal to the Second Circuit Court of Appeals” and “will explore Congressional and Administrative solutions”

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Big Tech

Proposed Bill Takes Aim at Misinformation on Social Media Platforms

Sen. Amy Klobuchar introduced a bill Thursday to remove Section 230 protections for vaccine misinformation.

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Sen. Amy Klobuchar, D-Minnesota

WASHINGTON, February 23, 2011 – A federal judge ordered Internet video provider ivi TV to cease rebroadcasting by on Monday, after concluding the provider did not fall under the protection of the Copyright Act.

Ivi captures the over-the-air signal of broadcast stations in Seattle, New York, Chicago and Los Angeles, then streams the programming live over the Internet to subscribers. Ivi previously asserted that its service fell under the compulsory license of the Copyright Act as a cable system and had asked for a declaratory decision to that effect.

Judge Naomi Reice Buchwald of the U.S. District Court in the Southern District of New York found that Ivi’s strategy of paying a fee to the Copyright Office was not enough for Ivi to rebroadcast the video content in compliance with Copyright Act. She found that ivi was not “a cable system for purposes of the Communications Act, and thus it need not comply with the requirements of that Act and the rules of the FCC promulgated thereunder.”  The decision concluded that the video provider is not a cable system the Act, and thus did not reach the question of whether they are governed by the Communications Act as a whole.

The Plaintiffs in the case included Broadcasters  ABC, NBC, CBS, PBS, Fox Television Stations, Cox Media Group, and Major League Baseball .

Ivi TV’s chief executive, Todd Weaver, said in a blog on the company’s website that he was disappointed with the outcome and that the company would “appeal to the Second Circuit Court of Appeals” and “will explore Congressional and Administrative solutions”

Continue Reading

Section 230

Companies May Hesitate Bringing Section 230 Arguments in Court Fearing Political Ramifications: Lawyers

Legal experts say changing views on Section 230 will make platforms less willing to employ that defense in future cases.

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Carrie Goldberg, founder of C.A. Goldberg law firm

WASHINGTON, February 23, 2011 – A federal judge ordered Internet video provider ivi TV to cease rebroadcasting by on Monday, after concluding the provider did not fall under the protection of the Copyright Act.

Ivi captures the over-the-air signal of broadcast stations in Seattle, New York, Chicago and Los Angeles, then streams the programming live over the Internet to subscribers. Ivi previously asserted that its service fell under the compulsory license of the Copyright Act as a cable system and had asked for a declaratory decision to that effect.

Judge Naomi Reice Buchwald of the U.S. District Court in the Southern District of New York found that Ivi’s strategy of paying a fee to the Copyright Office was not enough for Ivi to rebroadcast the video content in compliance with Copyright Act. She found that ivi was not “a cable system for purposes of the Communications Act, and thus it need not comply with the requirements of that Act and the rules of the FCC promulgated thereunder.”  The decision concluded that the video provider is not a cable system the Act, and thus did not reach the question of whether they are governed by the Communications Act as a whole.

The Plaintiffs in the case included Broadcasters  ABC, NBC, CBS, PBS, Fox Television Stations, Cox Media Group, and Major League Baseball .

Ivi TV’s chief executive, Todd Weaver, said in a blog on the company’s website that he was disappointed with the outcome and that the company would “appeal to the Second Circuit Court of Appeals” and “will explore Congressional and Administrative solutions”

Continue Reading

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