ABC iView Caught In Copyright Crossfire

The ABC has found itself caught up in a copyright debate after it forced the removal of an application that enabled people to download and watch programs offered on its iview service.

The Python-iview application, which had been available for more than two years, allowed people using Android devices, or people with a slow internet connection, to download and playback later, programs offered via the ABC’s iview streaming video application.

The ABC wrote to application developer Jeremy Visser last month, advising the application breached its iview terms of use, and requesting Mr Visser cease distributing the application or risk further action. The application has since been removed from Mr Visser’s website.

Systems administrator Robert Mibus, who works for internet service provider Internode, yesterday wrote an open letter to the ABC, arguing the Python-iview application was no different to a VCR, Fetch TV or Tivo recording service. (Sound familiar yet?)

“If you can do it on the box attached to your old fashioned TV, but not in the cloud, people will be arguing that’s not technology neutral,” said Bruce Arnold, lecturer in law at the University of Canberra.

The debate comes after Optus was refused leave to appeal its copyright case against Telstra, the AFL and NRL. The High Court found Optus’ TV Now service breached broadcast deals between Telstra and the football codes, despite Optus arguing its service simply allowed Optus mobile subscribers to record matches on their mobile device and play them back at their convenience.

Currently there is an exception for private and domestic recording in the Copyright Act, but the ABC wrote in its letter that Python-iview breached section 101(1) of the Copyright Act by providing the means to allow users to permanently download and store ABC iview content without permission.

“When the ABC produces content from scratch it’s not going to be an issue, but licensing often ties it up and there are some underlying issues here people are just starting to come to grips with,” Mr Arnold said.

He added that content middlemen, including the BBC, have become savvy in repackaging, redistributing, and reusing content, and seeking money in each instance.

With the Australian Law Reform Commission now considering amendments to the Copyright Law to address such issues, Mr Arnold said various groups would continue to make their case.

“A lot of copyright law happened when a particular interest group got in and lobbied well.”

He said while it’s likely exceptions for non-commercial personal use of content would remain, people would be “squeamish” about commercial uses.

“It’s conceivable that there will be calls for some sort of statutory revenue collection scheme like CAL.”

The Copyright Agency (CAL) is a rights management organisation that enables the use of text and images by collecting payments for writers, visual artists and publishers.

Mr Arnold said the Australian Law Reform Commission would most likely deliver a good report when it responds to the government in November as part of the Inquiry into Copyright and the Digital Economy.

“The nice thing about the ALRC is it does very good work. The sad thing about this is the government typically takes about five years to respond. By that stage the world has moved on.”

This article was originally published at The Conversation. Read the original article.


Comments

    Meh. There are plenty of other apps out there that can capture streaming media. This achieves nothing.

    If the application is popular enough to draw attention, then perhaps this is an opportunity for the ABC to hire Jeremy Visser, bake the Python app into iView as a feature, but instead keep the downloads inside iView and perhaps put an expiry date on each of the downloaded files. Wouldn't that solve this?

      Always wondered why this hasn't happened. Adobe have software that does this sort of thing which my uni uses for many online books. Pretty sure it was Adobe-Digital Editions, which you had to use when "borrowing" a book through the online library. You'd be given a link and/or file, which links to the software allowing you to view it. It had an expiration date on it, so after the date passed, the link and file were invalid, and in order to view the book again you had to borrow it out once more.

      At least a feature that allows people to "buffer" the entire show before watching.
      I used python-iview to do just that on my slow connection that would buffer every 30 seconds or so whilst streaming.

    Well this sucks. I didn't know about this application until right now.

      I did, but never used it as I've never wanted to download iView's woeful 360p material. I'd rather get it at 720p thank you very much

    They're working on a newer version of iView using HTML5 so that most new devices will be able to stream, but yeah they did say that was the only issue they face at this point. The ripping of content.

    I asked the ABC a number of occasions over a number of years, to make iView work on Symbian and Android. We wait with bated breath. And as Jeremy has said, playing thisFLV video work fine in dedicated video players like VLC or Mplayer, but suck on flash in a browser (dropping frames, eratic ability to seek, etc)

    The ABC has no money to hire him. Try asking them about development of a native android app, they tell you they don't have the financial resources to approach it, and are instead banking on a html5 redesign of the whole site. Which has been taking forever.

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