The law does not favor larger or better-funded entities over new or smaller ones. Nor is it a bludgeon to be used by large, entrenched interests to eliminate nascent competitors.
New York (PRWEB) February 1, 2011
Public Knowledge, joined by EFF, Media Access Project, and Open Technology Initiative, have filed an Amicus Memorandum of Law opposing the motion for temporary restraining order and/or preliminary injunction brought against ivi by numerous big media companies in a NY Federal District Court. (Case 10 Civ. 07415 (NRB)) ECF Case)
Quote attributable to Todd Weaver, ivi TV's CEO
"As the Amicus petitioners state, 'Amicus briefs are unusual at the district court level,' This shows the tremendous impact ivi and its case is having. To garner such early support from these important public interest groups is gratifying. We are appreciative for their support, not only for ivi TV, but for standing up for innovation and advancement in technology. Copyright conglomerates cannot be allowed to use bogus copyright claims as a mechanism to stifle competition and innovation in the marketplace. Like traditional cable and satellite TV before it, ivi TV's role in history is to revolutionize and be an agent of constructive change giving consumers more choice and control."
Select quotes from the Amicus Memorandum say it best.
- "The law does not favor larger or better-funded entities over new or smaller ones. Nor is it a bludgeon to be used by large, entrenched interests to eliminate nascent competitors."
- "[The Networks'] are unlikely to prevail on the merits, because ivi's service fits the Copyright Act's definition of a "cable system," and its actions are permissible under FCC rules."
- "Members of the public both current and future have a strong interest in not only a competitive video distribution marketplace, but also broad access to the marketplace of ideas."
- "In fact, ivi is just as likely to help [The Networks'] as do them harm. [The Networks'] reach each ivi viewer at zero additional marginal cost. To the extent ivi expands the number of individuals viewing a broadcast, it may make that broadcast more, not less, attractive to advertisers. ivi expands the reach of broadcasters at no cost."
- "Like ivi, both traditional cable operators and satellite television companies have been accused of being lawbreakers. But for decades, both Congress and the FCC have enabled the emergence of new video distributors. The public interest is served by this competition, and it should continue."
- "[The Networks'] are unlikely to succeed on the merits of their case, because both the law and sound policy are in ivi's favor."
- "Current federal policy is enshrined in statute: to "encourage increasing competition and diversity in the multichannel video programming market, ... and to spur the development of communications technologies.""
- "This Court should not take away the ability of the Copyright Office and the FCC to adapt their regulations to a changing marketplace, and should decline the invitation to use copyright law as a tool to limit the competition that policymakers have strove to foster."
- "an injunction [in favor of the Networks'] would effectively destroy a company with the potential to revolutionize an entire industry."
ivi TV™ endeavors to make the world a better place by providing a high-quality viewing experience while offering consumers what they want in the way they want it, with more choices, less hardware, and higher standards than other modes of online content delivery. At the same time, ivi TV increases eyeballs for channels and advertisers, continuing and adding to the live television tradition in an innovative and sustainable manner. Consumers, broadcasters and advertisers alike will agree that live television, most notably sports and news programming, is here to stay. The solution is ivi TV. And the time is now. ivi, Inc., is based in Seattle. For more information, please visit http://www.ivi.tv.
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