Online Video Upstart Smacked Down

Online video provider ivi raised more than a few eyebrows last year when it launched an internet based service that streamed the linear feeds of local broadcasters to subscribers. Auguring that they fit the definition of a “cable system”, ivi claimed that simply by paying a compulsory copyright license fee they were able to receive and retransmit broadcast signals without the permission of the station owners and that because they were an internet service they were able to do so without the permission of the broadcasters or paying additional fees for retransmission consent.

U.S. District Judge Naomi Reice Buchwald begged to differ, ruling that ivi is not a cable system as defined by law. Furthermore the judge found that ivi could not selectively determine which regulations applied to them and which did not. In short, they could not be a “cable system” only when it was convenient. She further commented that taken to its extreme, ivi’s argument is absurd and would make anyone with a computer, TV antenna and internet connection a “cable system”

In a statement, ivi CEO Todd Weaver insists that Buchwald’s ruling is incorrect and vowed to appeal the decision. For now, ivi subscribers have seen their service taken down pending the next steps in the process. While an appeal is certainly likely, it is almost certain that this marks the beginning of the end of the road for ivi. While they may be able to proceed with a modified business model that provides for payments to the broadcasters they carry, they will certainly not continue operation as a “pseudo cable system”. With the courts placing control back in the hands of the content owners, chances are that ivi will be lucky to be remembered as a footnote in the history of over the top video.