Mediaweek.com’s National Broadcast blog asks whether Internet TV service Ivi TV will be able to return from last week’s setback, when it was hit with a preliminary injunction by a federal district judge in New York and forced to halt most of its TV station line up.
"The injunction would seem to suggest a final decision in favor of the plaintiffs, network station owners—including ABC, NBC Universal and CBS—and program rights holders like Major League Baseball," the story notes.
It adds that Ivi TV is unlikely to make its argument stick with another court, although Ivi Chief Executive Todd Weaver said the company will appeal and "explore congressional and administrative solutions."
But Daniel Brenner, a former attorney for the National Cable and Telecommunications Association and now a partner with the law firm Hogan Lovells, tells Mediaweek, "“I’m not sure how they get to the next step. While they have some interesting semantic arguments, they’re too clever by half. They have a policy argument, but that has to be addressed by Congress."