competition/antitrust law: November 2007 Archives
The Sydney Morning Herald is reporting that Australian TV stations are using their copyright over programming information (i.e. what shows will be on, and when) to demand concessions from manufacturers of digital video recorders.
The TV stations' representative group Free TV Australia sent a letter to the representative group for DVR manufacturers, saying that:
It's a pity that Australia doesn't have a doctrine of copyright misuse. We do however have a statutory prohibition against misuse of market power -- perhaps the TV stations should read up on the Magill case?
The TV stations' representative group Free TV Australia sent a letter to the representative group for DVR manufacturers, saying that:
Broadcasters are not authorising the use of the programs listing data in PVRs where 'ad-skip' functionality goes beyond a maximum fast forward speed of x60; broadcasters reserve their rights with respect to those suppliers
and that
There you have it. If you want the program data, you have to nobble the fast-forward ability of your products, and use DRM, or they sue you.In addition, the PVR's [sic] which display the EPG [Electronic Program Guide] must employ adequate copy protection measures to prevent the redistribution of free to air content outside the home or on the internet... Broadcasters reserve their rights subject to the Commonwealth Copyright Act 1968, to take legal action at any time for copyright infringement where program listings are used in contravention of these terms.
It's a pity that Australia doesn't have a doctrine of copyright misuse. We do however have a statutory prohibition against misuse of market power -- perhaps the TV stations should read up on the Magill case?
