Ivi: We Shall Return

Vows to appeal a decision Tuesday enjoining it from streaming broadcast channels without permission

By John Eggerton -- Broadcasting & Cable, 2/22/2011 4:38:05 PM

Online streamer ivi TV has vowed to appeal a decision Tuesday enjoining it from streaming broadcast channels without permission.

Ivi TV stopped streaming those channels Tuesday after a New York district judge granted a temporary injunction sought by broadcasters whose stations were being streamed online without compensation (beyond a $100 blanket copyright license) or their permission, but like General Douglas MacArthur, ivi founder Todd Weaver vowed he would return.

"This fight is for the people and their right to choice and control over their own entertainment -- and it will continue. The oppressive big media networks must open their doors to innovators or they will inevitably fall," Weaver said.

The judge had based her decision partly on the conclusion that ivi was not complying with the rules and regs of the FCC, but Weaver said that was not the case. "This conclusion is simply false, as ivi has met with all the commissioner's offices of the FCC repeatedly and has received assurances that we are in full and complete compliance. Judge Buchwald makes the legal mistake of misinterpreting the copyright law to instead make communications policy."

A source in one commissioner's offices familiar with the discussions said no such assurances were given and that the discussions were not about compliance with FCC rules.

Ivi has sent a defiant note to subs and "interested parties," including asking them to donate to Public Knowledge, the fair use advocacy group that backed ivi.
                  
"As you may be aware we have been in a fight to provide affordable Cable TV for the Internet.

"Today the Southern District Court of New York granted a preliminary injunction in the case 1:10-cv-07415-NRB. We will be appealing the decision in the second circuit but in the interim we must shut-down most of our broadcast channel offerings.

"We believe the court made an error in the ruling and will be appealing the decision supported by many public interest groups. But we cannot do it alone. In return, we ask that you support them. If you can, visit Public Knowledge http://www.publicknowledge.org and/or EFF http://www.eff.org to leave a donation.

"In the meantime, we are suspending invoicing for ivi Air and ivi Pro, so it is not necessary to cancel subscriptions. As soon as we can restore the channels we will resume the subscriptions from that point forward. 

We will continue to carry a number of channels and will be adding channels from broadcasters and content providers as we grow."