New
York (-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.
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."
About ivi TV ™
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 viewers 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, WA. For more information, please visit http://www.ivi.tv.
###
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