Sky Versus TV3

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Robz

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#15886 13-Sep-2007 08:34

Is this another case where the consumer will loose? http://www.telstraclear.co.nz/newsfeed/news_item.cfm?id=129277

"Those who dream by day are cognizant of many things which escape those who dream only by night" - Edgar Allan Poe, 1809 - 1849

openmedia

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#86512 13-Sep-2007 08:47

Robz: Is this another case where the consumer will loose? http://www.telstraclear.co.nz/newsfeed/news_item.cfm?id=129277

In what way are you expecting as a consumer to loose out?

Fact is Sky should only be using limited Rugby World Cup coverage during their news shows, and not during Sports or other programs.

Generally known online as OpenMedia, now working for Red Hat APAC as a Technology Evangelist and Portfolio Architect. Still playing with MythTV and digital media on the side.

Zimsar10

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#86523 13-Sep-2007 09:52

Robz: Is this another case where the consumer will loose? http://www.telstraclear.co.nz/newsfeed/news_item.cfm
?id=129277

Sky have been alleged to have broken the terms of their contract with TV3, how can the consumer loose when TV3 is Free To Air exactly?

Robz

112 posts

Master Geek

#86524 13-Sep-2007 10:11

I am not disputing the fact that Sky have broken the terms of the contract. The flow on effect is that future sports events maybe impacted and for those that can not/do not have Sky may not be able to see them - e.g Netball World Cup, NPC Final

"Those who dream by day are cognizant of many things which escape those who dream only by night" - Edgar Allan Poe, 1809 - 1849

Zimsar10

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#86528 13-Sep-2007 10:59

Robz: I am not disputing the fact that Sky have broken the terms of the contract. The flow on effect is that future sports events maybe impacted and for those that can not/do not have Sky may not be able to see them - e.g Netball World Cup, NPC Final

Sky already have the exclusive rights to screen all All Blacks Rugby games, other than the RWC (for now at least) & also the NPC & Super 14, plus all the NRL games live. The Netball series is the only new one that might be added to Sky, everything else has been exclusive to Sky for years now.

sbiddle

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#86531 13-Sep-2007 11:19

Sky are thowing their toys around like spoilt kids. Losing the RWC was a huge loss for them.

It won't affect any other events, other broadcasters are allowed to footage with a reasonable use clause - Sky were allowed to use TV3's footage just like TV3 use Sky footage of rugby in their news. The difference in this case is that Sky are basing entire shows around TV3 footage which the judge agreed yesterday breached the fair use clause. TV3 offers to sell Sky large amounts of WRC footage for $1 million so they could use it for their own shows buy Sky chose not to accept this offer and instead used the footage anyway.

old3eyes

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#86542 13-Sep-2007 12:55

The problem with this sort of spat is that it could bounce back on Canwest and maybe TVNZ in that Sky will no longer let them take delayed sports feeds and only limit them to news snipets as well.. Assuming that this hasn't already happen and that all the Sky delay stuff is now only on Prime..

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Old3eyes

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Zimsar10

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#86545 13-Sep-2007 13:09

old3eyes: The problem with this sort of spat is that it could bounce back on Canwest and maybe TVNZ in that Sky will no longer let them take delayed sports feeds and only limit them to news snipets as well.. Assuming that this hasn't already happen and that all the Sky delay stuff is now only on Prime..

Sky are sounding like an incumbent Telco & their behaviour is ridiculous, they need to move with the times & abide by the rules, which were clearly stated to them. My bet is they will lose the court case, but the ramifications of this could really hurt Non-Sky TV viewers.

So glad I'm not one of their customers, they are a total rip off.

sbiddle

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#86546 13-Sep-2007 13:14

What are Sky really going to do? Refuse to provide TV3 (and possibly TVNZ) footage of rugby that they are legally entitled to use at present for short snippits under a fair use policy?

I can just see both TVNZ and TV3 then saying "we can't provide you any pictures at all of this rugby game because Sky won't let us" which is only going to look bad for Sky.

Zimsar10

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#86550 13-Sep-2007 14:00

sbiddle: What are Sky really going to do? Refuse to provide TV3 (and possibly TVNZ) footage of rugby that they are legally entitled to use at present for short snippits under a fair use policy?

I can just see both TVNZ and TV3 then saying "we can't provide you any pictures at all of this rugby game because Sky won't let us" which is only going to look bad for Sky.

From their attitude so far, it doesn't seem they are too worried about what they say, however this all could all be hot air, because in my opinion they have been caught with their hand in the cookie jar.

lchiu7

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#86582 13-Sep-2007 18:08

I think this case is more complex than it looks. The judge has issued a temporary restraining order subject to a review on Friday. A professor of broadcasting (can't remember his name) noted on Morning Report today that a ruling in favour of TV3 would create quite a precedent in terms of fair use. Apparently a similar case arose in the UK between the BBC and BSkyB and while I don't recall who was the plaintiff and who was the defendant, the outcome was, the organisation who wanted to use the footage which wasn't their's, kept the right to do so under a fair use policy.

Not having Sky I can't comment on how much of the footage Sky used but perhaps they just went too far, somewhat annoyed at losing the RWC.

Out of interest, since the games are on FTA I wonder if TV3 was able to charge more for advertising than say Sky could have, claiming they have a larger viewership?

Larry

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PromNZ

154 posts

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#86655 14-Sep-2007 10:08

It is complex.

Fair use for competing networks relates to News coverage. So TVNZ are allowed 3 mins a day showing RWC footage, in their news shows. They must record from TV3 offiar, and are not allowed to record the incoming feed form France directly. Prime are allowed to use it to, but for News only. What Sky has been doing is using it in non-News shows. Just like TVNZ were to use the footage in Good Morning, which they haven't.

Will this hurt TV3 ? Possibly Hyundai Sports Tonight, which is not a News show as such but covers sporting events. But then non News shows are generally classed as "commentary shows", which is what 365 Sports, etc are, and that's why they got pinged.

But no, Sky can't prevent TVNZ/TV3 from recording and using their coverage of sporting events for News.

Money wise yes TV3 can charge advertisers more than Sky could, because TV3 viewers do not need to pay to just watch the show, unlike Sky. And I won't even go into the anger felt about SKy viewers who pay to receive events, then get bombarded with commercials.

Expect similar points of arguments with the 2008 Olympics which TVNZ have the rights too, and god forbid whoever gets the 2011 RWC.

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