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Authorization or license, and for which service Aereo were charging their subscribers. This business model was harmful that of the broadcasters and content owners, by devaluing their content, interfering with exclusive transactions for content to be delivered over the internet and to mobile devices, as well as diverting eyeballs from TV advertising revenue. It was a harm clearly recognized by Judge Nathan at first instance, in the broadcasters' motion for a preliminary injunction. During the same congress, Sanna Wolk (Associate Professor at University of Uppsala, Sweden and co-chair of AIPPI's copyright committee) compared the US position with that adopted in the EU where the CJEU in March 2013 ruled that online near-live streaming by the UK Company, TV Catchup, was an unauthorized "communication to the public" within the meaning of Article 3 (1) of Directive 2001/29 (InfoSoc Directive) and therefore an actionable infringement of copyright.
The CJEU concluded that as TV Catchup was making the works in the original "terrestrial" TV broadcast available over the internet, and since using different technical means to retransmit the broadcast, this retransmission was a "communication" within the meaning of the Article 3 ( 1). Furthermore in the circumstances the court did not have to consider whether communication was to a " public", as the transmission required an individual and separate authorization from the copyright owners. While full-blown litigation seems to be the obvious and mostly-used response to copyright infringement and counterfeiting in video streaming services, it is debatable as to whether an ardent battle against streaming video piracy is worth it. Indeed, drawing on the experience from the inconclusive fight, led by the music industry, against illegal downloads of music tracks offered by peer-to-peer websites in the early noughties, it may be worth biting the bullet and exploring non-legal avenues to this endemic and crippling infringement. For example, Popcorn Time, dubbed the "Netflix for pirates" was recently on the run. Time4Popcorn.eu, one of the most popular iterations of the illegal movie site, has had its URL suspended by European regulators in October 2014, effectively turning off the lights for a site that had attracted millions of users in just a few months. The European ID Registry knocked Time4Popcorn.eu offline due to suspicion that the page was registered with inaccurate administrator contact details.
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The site's developers, rather than provide accurate contact information, simply relocated to Time4Popcorn.com. With more and more court decisions forcing ISPs to block access to certain websites in the territories that they cover, the best legal approach seems to request an injunction, in key territories, for ISPs to block end users access to the websites of illegal SVoD providers. What's in the stars for video streaming players and traditional feature film and sitcom producers?
In the short term, I think that traditional players in the TV and film industries, including Hollywood major studios, are going to start feeling the pain, as revenues are derailed by the economic and creative successes of legal and illegal SVoD providers alike. As a result, traditional feature film and TV series producers will have to up their game, focusing their financial and creative efforts on solely "block-buster" material projects. It is going to become even more difficult for independent and young managers and producers to finance their content creation processes, in the future. In the long term, there will be a leap towards more high-quality content being produced (with stronger plots, bankable stars and excluding talented writers, directors and actors included in the content creation mix) by both traditional and SVoD content providers: Darwinism will be in the works, with the survival of only the fittest.
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