Tuesday, February 22, 2011

ivi TV is shut down by U.S. Federal Court

TV Technology reported that earlier today, Judge Naomi Reice Buchwald of the U.S. District Court for the Southern District of New York issued a temporary injunction ordering ivi TV, which retransmitted the signals of broadcast TV stations in several cities, to immediately shut down its service. The text of the ruling can be downloaded here (PDF link).

Judge Buchwald ruled that it is "...extraordinarily unlikely that ivi will ultimately be deemed a cable system under Section 111" of the U.S. Copyright Act, and that the broadcasters and content providers that requested the injunction "...have demonstrated irreparable harm, that the balance of hardships tip in their favor, and that the public interest will not be disserved by an injunction."

Ivi still has the right to appeal the judge's injunction, and will still be able to argue in court that it is a cable system under Section 111 of the Copyright Act to avoid a permanent injunction that would put the company out of business.
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