Re: ICRAVETV

["Douglas J. Broda" <djbroda@mindspring.com>]

At 03:31 PM 1/25/00 -0500, Kevin Vahey wrote:
>Interesting battle developing north of the border concerning a website
>icravetv.com. This site is retransmitting ALL over the air signals in the
>Toronto area, and then puts a commercial bug in a small part of the Real
>Video window.
>
>Needless to say US broadcasters are FURIOUS and are trying to stop the
>retransmission of the Buffalo network stations, but CAN they?
>

Probably, though it's not like this issue's ever been tested precisely this
way.

The question is more one of which law applies/laws apply. Assuming the
Courts find that global retransmission of a signal via the Net is a
violation of the station/network/producers' rights -- which I think most
courts would be inclined to do -- then they could effectuate any judgment
via injunctive relief. I think they could proceed in either a US or
Canadian court.

> RODGERS CABLE in
>Toronto for years has been inserting local Toronto ads in Buffalo broadcasts
>and the Buffalo stations have been powerless to stop them.

Yes, because they do so under authorizing Canadian law (for shows also
shown on Canadian stations) that have been upheld in Court. If it were a
reverse situation, US law would require the cable operator to black out the
whole show (if local rights are held) if it were a distant signal via Syndex.

------------------------------------------------------------------
Douglas J. Broda
Broda and Burnett
Attorneys at Law
80 Ferry Street, Troy, NY 12180 USA
(518) 272-0580
djbroda@mindspring.com