In the previous post I talked about the authentication issue behind "TV Everywhere."
This one addresses another aspect of IP rights and licensing - do the cable and DBS operators actually have the right to distribute programming of independent cable networks via alternative delivery systems?
Responding to Time Warner Cable's recent announcement that it will distribute 32 live channels through an iPad app that will only work in customer's homes, a number of networks (including Scripps Networks Interactive, Viacom, and Discovery) have questioned whether or not Time Warner has the right to do so.
At issue is what rights are in current contracts - which are generally limited to "cable television" or "DBS service." And it's not that unusual a debate - when new uses or distribution channels come along, there is often a lag in terms of writing them in contracts (one classic example is that when the old TV show WKRP originally licensed the music for the show, they only licensed it for TV - so the show wasn't available on DVD until they renegotiated music rights for that - and in some cases had to change songs when rights weren't available). Does Time Warner have only the specific rights in the contract language with networks, or do they have the right to send the programming to "any device in the home" through a secure network (whether cable or WiFi).
The courts will eventually decide that issue. But in the meantime, individuals retain their rights to time- and place-shift programming they legally access (through earlier court decisions regarding copyright's "Fair Use")
Source."New Cable Fight at Hand" Wall Street Journal online
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