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 Post Posted: Thu Oct 14, 2010 10:26 pm 
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No Quick End for Online Service = Cable Copyright
Morning Bridge

Watch for those ivi TV, FilmOn arguments that an online service equals a cable company to shake up the broadcast universe ... even if they lose in court. Notes Fletcher, Heald & Hildreth legal eagle Kevin Goldberg, "The bell announcing the ivi/FilmOn approach has been rung, and it’s impossible to un-ring it."

Even if both strike out on their claims that copyright law gives them the right to re-broadcast broadcasters online, other players – quite possibly the cable companies themselves – will jump on "similar online delivery methods under the general 'cable system' rubric." If different circuit courts rule differently (ie one siding with the new 'cable system' definition, the other demurring) the case would "have" to go to the Supreme Court," says Goldberg. Which suggest a long, long road ... with a whole lot of game playing ... in our future.


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