Web Site That Rebroadcasts TV Should Be Allowed To Operate, Groups Tell NY Court

Public Knowledge, Electronic Frontier Foundation, Media Access Project and Open Technology Initiative argue that a Federal Court should not shut down ivi, a Web site that rebroadcasts TV channels. The groups filed a brief with the U.S. District Court in New York City in a suit brought by a number of broadcasters against the site.

In the brief, the groups noted that ivi is part of a new trend of Online Video Providers (OVD), which have been championed by both the Federal Communications Commission (FCC) and by the Justice Department (DoJ) in those agencies’ analysis of the Comcast takeover of NBCU. The groups said: “OVDs must be allowed to operate and innovate in this space if their promise is to be fulfilled. Issuing a temporary restraining order or preliminary injunction against ivi would frustrate this potential by effectively shutting down ivi’s business.” In addition, the groups said that ivi fits the definition of a cable system under the Copyright Act and that its actions are permissible under FCC rules. The groups also argued that no broadcasters are being harmed by ivi’s operation: “It seems doubtful that ivi’s continued operation would spur the cancellation of any programming during the pendency of this litigation.”