Internet-based television company iCraveTV.com lost a key legal battle
today, as a U.S. judge ordered the company to pull its TV services offline.
The Canadian Web start-up is the target of a full-bore legal attack by American
broadcasters and sports leagues, who call it "one of the largest and most
brazen thefts of intellectual property ever committed in the United
States."
Launched late last year, iCraveTV streams the programming of 17
Canadian and U.S. broadcast TV stations online, uncut and uninterrupted. But
it didn't receive permission, angering programmers on both sides of the
border.
"We're pleased with the court's decision," said Brian McCarthy, a spokesman
for the National Football League, which has succeeded in stopping the
company from broadcasting the Super Bowl championship game Sunday.
The legal fight is one of the first signs of what is likely to be an ongoing
struggle between traditional programmers and online companies as the Web
increasingly becomes a video medium. Many sites have already begun offering
original programming of their own--but the attraction of providing proven
draws such as sports games, news or network television shows is
irresistible.
In the United States, a coalition of broadcasters, cable and movie companies
has already asked Congress to block Web firms from gaining rights to their
content. Net firms succeeded in blocking that early move, but say
the issue will come up in Washington, D.C., again soon.
But iCraveTV has now forced broadcasters' hands, even complicating the issue
by applying conflicting national laws to a Net company that operates across
borders.
The Canadian company argues that Canada's laws give it the right to
retransmit broadcast television signals, in the same way that cable
companies and satellite companies do. As long as the company doesn't cut or
insert its own commercials into the programming, and ultimately pays
copyright holders for their work, iCraveTV's action is completely legal,
chief executive Bill Craig says.
But television stations and the studios creating the TV shows say iCraveTV
is violating American law. They asked a judge in Pittsburgh, Pa., to
pull the company off the digital airwaves.
"(IcraveTV is) seizing billions of dollars of copyrighted television
programs and motion pictures and publicly performing them via the Internet
to large numbers of persons throughout the United States--without the
slightest authorization from any copyright owner," broadcasters said in
their lawsuit. That suit includes
seven of the major movie studios and three of the four big television
Networks.
A U.S. judge granted the plaintiffs' request for a temporary restraining
order, effective immediately, which temporarily blocks iCraveTV from
transmitting the copyrighted programming into the United States "via the
iCraveTV.com site or any other Internet sites or any online facility of any
kind."
The judge also ordered iCraveTV to make copies of its Internet server log
files available to the plaintiffs by Wednesday and to submit a report to the
court indicating their compliance with the order.
Representatives for iCraveTV could not immediately be reached for comment.
The National Football League, which along with the National Basketball
association is asking for more than $5 million in damages, was particularly
focused on shutting down iCraveTV this weekend, when the Super Bowl
championship game will be broadcast.
A full court hearing is expected at a later, undetermined date.
News.com's Corey Grice contributed to this report.
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