Internet Streaming

News & Analysis as of

Goods and Services Tax in Australia to Apply to Offshore Digital Supplies (and More)

Draft Goods and Services Tax (GST) legislation has been released which seeks to level the playing field by ensuring that digital products and services provided to Australian consumers are subject to GST, whether provided by...more

The evolving story of cameras in court

For a few days in June and July 2015 — like June and July most years — national attention will focus on the Supreme Court, and its most awaited decisions. This year it is same-sex marriage, and the fate of Obamacare, but...more

Sports, Media and Entertainment Intelligence - June 2015

ADVERTISING - UK: Tweaks to rules on sales promotions and competitions - The UK’s Committee of Advertising Practice (CAP) has introduced changes to the provisions of its advertising code which deal with the running of...more

Ultramercial v. WildTangent -- Petition for Writ of Certiorari

The Ultramercial story is not over. In the latest step of a controversial case involving 35 U.S.C. § 101 that has been ongoing since 2009, patentee Ultramercial has petitioned the Supreme Court for a writ of certiorari. The...more

Applying the Video Privacy Protection Act to Online Streaming

Passed in 1988, the VPPA prohibits a “video tape service provider” from “knowingly” disclosing a consumer’s “personally identifiable information” (“PII”) to third parties without his or her consent. The VPPA defines a “video...more

TV Catchup and Section 73 – (Nearly) The End of the Road?

The Court of Appeal in England has recently made a second reference to the Court of Justice of the European Union (CJEU) in the case brought by UK free-to-air broadcasters ITV, Channel 4 and Channel 5 against the Internet...more

Rolling With the Punches: The Fight Over Livestreaming

Boxing fans eagerly awaited the May 2, 2015, championship match between boxers Floyd Mayweather, Jr. and Manny Pacquiao. But the fight also drew the interest of those following online video apps Meerkat and Periscope....more

Court Applies Video Privacy Protection Act to the Internet Streaming Era; Declares Hulu the Victor

After nearly four years of litigation, Hulu has prevailed against claims that it unlawfully disclosed its users’ video viewing selections and personal identification information to Facebook and other online networks. In In Re...more

Digital Music Provider Grooveshark Dismantled in Major Victory for Music Recording Industry

On April 30, 2015, digital music provider Grooveshark—owned by Escape Media Group, Inc. ("Escape")—agreed to permanently shut down its controversial music streaming website following several years of litigation with major...more

Emergence of Live Streaming Apps Brings Up Copyright, Privacy, Legal Concerns

The big fight may be over, but the implications of Mayweather vs. Pacquiao with respect to real-time, one-to-many streaming of video through apps like Meerkat and Periscope are still rippling through the media industry. In...more

Status Updates - April 2015 #3

Searching social. At long last, tweets will appear in Google search results as soon as they’re sent, as the result of a deal that the two Internet giants recently struck. As part of its efforts to increase user growth and...more

ITV & Others v TVCatchUp: In the latest instalment in this long running dispute, the UK courts have again referred this case to...

TVC operates an internet-based live stream service, carrying a number of broadcasters’ channels. ITV, Channel 4 and Channel 5 issued proceedings against TVC in relation to the unauthorised transmission of both their public...more

Streaming At The Edge Of The Law

One of this year’s themes at the South by Southwest (SxSW) festival is “Surviving the Shift: Rethinking Music and Data.” The music industry is transforming itself as the trend in buying music shifts from digital download to...more

Ninth Circuit Affirms Dismissal of Netflix Antitrust Suit

Last Friday, the Ninth Circuit affirmed the dismissal of a multidistrict class action brought by Netflix subscribers who claimed the company conspired with Walmart to dominate the online DVD sales and rental markets. In 2005,...more

Wireless Does Not Mean “Without Wires”; “Streaming Video” Does Not Mean Emailing a Video File - In re Kevin R. Imes

Reviewing a final written decision of U.S. Patent Trial and Appeal Board (PTAB or Board), finding application claims unpatentable, the U.S. Court of Appeals for the Federal Circuit held that the Board erred in concluding that...more

Dow Jones’ Disclosure Of User Viewing History Found Not To Violate Video Privacy Protection Act

On January 23, 2015, the U.S. District Court for the Northern District of Georgia held that disclosure of user viewing history and a Roku viewing device serial number by Dow Jones Company (“Dow Jones”) did not violate the...more

FCC Proposes to Regulate Internet-Based Video Programmers

With the expansion of “over-the-top” (OTT) video programming options such as Netflix, Amazon Prime, Roku and Apple TV, the Federal Communications Commission (FCC) is taking a fresh look at its definition of a multi-channel...more

Copyright Alert: Fox v Dish Summary Judgment Rulings

Mixed Outcomes on Copyright and Contract Issues Re: Volition, Time- and Space-Shifting, Intermediate Copying and Commercials-Skipping - In a complex opinion addressing intermingled copyright and contract issues, a...more

Two websites, both alike in category…

Patrick Mitchell and Alasdair Muller consider two recent Ofcom decisions, both on appeal from the Authority for Television on Demand (“ATVOD”). The decisions provided clearer guidance on the criteria to be considered when...more

The Evolution of Media at-a-Glance

In recent months, a few news items have stood out as noteworthy, as they are emblematic of the shifting media landscape: - HBO to offer a stand-alone streaming service. - CBS to offer a stand-alone streaming...more

FCC Chairman Announces Proposal to Classify Internet TV Services as Cable Providers

Over the past month, there have been many reports that the FCC would soon publish an NPRM classifying an online video distributor (OVD) that delivers linear streams of video programming as an MVPD ("multichannel video...more

September 2014: Entertainment Litigation Update

ABC v. Aereo: Supreme Court Holds that Aereo’s System of Streaming Television Broadcasts via the Internet Infringes Copyrights in Programs Broadcast. On June 25, 2014, the Supreme Court issued its opinion in the...more

Turtles Quick to Leverage SiriusXM Decision in New Suit Against Pandora

Any child familiar with Aesop’s Fables can tell you that turtles are slow. The founding members of the 1960s rock band named after these half-shelled plodders, however, were anything but slow in moving to take full advantage...more

Emerging Technology and Existing Law: Can Geofencing Provide Radio Webcasters a Workaround of Digital Performance Royalties?

New technology continues to generate business models that test the limits of intellectual property laws enacted before such technologies were ever contemplated. The latest example is the use of “geofencing” in an attempt to...more

In re Nine Systems Corp. S'holders Litig., Consol. C.A. No. 3940-VCN (Del. Ch. Sept. 4, 2014) (Noble, V.C.)

In this 146-page post-trial opinion addressing claims challenging a 2002 recapitalization of Nine Systems Corporation (“Nine Systems”), the Court of Chancery held that a conflicted transaction resulting in a fair price...more

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