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Tuesday February 8 5:17 PM ET
U.S. Judge Imposes Injunction Against Canadian Web Site
By David Morgan
PITTSBURGH (Reuters) - A federal judge on Tuesday imposed a preliminary
injunction effectively preventing the Canadian-based Web site iCraveTV.com
from showing copyright U.S. television
programs on the World Wide Web, at least for now.
In a victory for the U.S. entertainment and professional sports
establishment, District Judge Donald Ziegler said iCraveTV.com posed harm to
U.S. copyright holders because the Web site
(http://www.icravetv.com) had no permission to use the material and its
security system had failed to screen out American viewers.
``The public interest was heavily in favor of the plaintiffs,'' Ziegler said
in siding with 10 Hollywood studios, four U.S. TV networks and two American
professional sports leagues who all sued
iCraveTV.com last month alleging Internet piracy.
The David-and-Goliath case, which legal experts view as a potential landmark
for the future of U.S. intellectual property rights on the Internet, has been
watched closely by Internet, advertising and
marketing executives.
``Today's ruling is another significant legal milestone in our battle to
stop cyber-theft wherever it occurs,'' Jack Valenti, president of the Motion
Picture Association of America, said in a statement.
iCraveTV.com, which bills itself as the world's first 24-hour-a-day free
Internet TV ``companion,'' had been picking up broadcasts of popular shows
such as ``Frasier'' and ``Ally McBeal'' from 17 stations
in New York and Ontario and reoffering them in a digital video stream on the
Internet with paid advertising.
The Web site ceased operations Jan. 28 after Ziegler imposed a restraining
order that expired on Tuesday. The injunction will remain until a trial can
be held to determine if iCraveTV.com violated U.S.
copyright law. Plaintiffs are seeking damages of $150,000 for each program
aired.
But the judge held out the possibility that he could modify the injunction
to allow operations to resume in 90 days if Web site operators present new
security measures effective enough to restrict site access
to a non-U.S. audience.
In the meantime, both sides have begun talks aimed at settling the case out
of court.
Plaintiffs, who are also suing iCraveTV.com in Canada, say iCraveTV.com and
its Toronto-based parent TVRadioNow Corp. can be sued in a U.S. court because
its principals are American citizens and it
maintains ad operations in the United States.
On Tuesday, plaintiffs' attorneys were visibly angered by a USAToday
interview with iCraveTV.com chief William Craig, a former Fox TV executive
from Pittsburgh, who told the newspaper that the
actions of his adversaries showed their insecurity.
``We do not trust him and we do not want to give him any wiggle room,'' lead
plaintiff attorney Greg Jordan told the court. ``This Web site was designed
to reach U.S. viewers.''
Tuesday's injunction sought only to prevent the Canadian Web site from
transmitting programs into the United States. But lawyers said TVRadioNow
Corp. will keep the site shut to all users until new
security measures can be presented in May.
``We have endeavored to use the best technology,'' said Ian Mccallum,
TVRadioNow vice president for corporate sales and development. ``When we fix
this it'll meet industry standards.'' He said an
enhanced system could be ready in three weeks.
Plaintiffs include News Corp.'s (NCP.AX) Twentieth Century Fox Film Corp.,
Walt Disney Co.'s (NYSE:DIS - news) Disney Enterprises Inc., Sony Corp.
(6758.T) units Columbia TriStar Television Inc.
and Columbia Pictures Television Inc., Metro-Goldwyn Mayer Inc. (NYSE:MGM -
news) and its Orion Pictures Corp., Paramount Pictures Corp., a unit of
Viacom Inc. (NYSE:VIA - news), Universal
City Studios Inc., a unit of Seagram Co. (Toronto:VO.TO - news) and Time
Warner Entertainment Co. L.P. (Warner Bros.) (NYSE:TWX - news).
TV networks suing were Disney's ABC, CBS Broadcasting Inc. (NYSE:CBS - news)
AND News Corp.'s Fox Broadcasting Co.
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