August 06, 2012

Legal Developments Affecting Over-The-Top TV

An article by Washington, D.C., partner Howard Liberman, written with the assistance of Jennifer Criss, was republished by Digital Insider — a technology blog that focuses on consumer technology, as well as large-scale developments and trends.

The article, “Legal Developments Affecting Over-The-Top TV,” originally appeared in the firm’s Antenna newsletter.

The article notes recent important developments regarding “over-the-top” television as consumers continue to move away from traditional means of watching television and are embrace services that provide access to television programming directly on computers, tablets, and mobile devices.

Many over-the-top services, however, are providing access to copyrighted content without obtaining copyright licenses or paying retransmission fees to TV stations.

Howard and Jennifer discuss recent case law relating to one such provider and the importance of developments in the litigation as the proceedings move through the court. They also discuss the FCC’s consideration of what constitutes a “channel” within its definition of “multichannel video programming distributor” and whether Internet-based services such as Aereo and Hulu should fall under that umbrella.

To read the entire article on Digital Insider, click here.



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