Is content viewed for the first time via Sling being rebroadcasted?

I was watching NFL highlights, wondering whether the Patriots could actually go unbeaten this year, and for the hundred-millionth time, I heard:

“This telecast is copyrighted by the NFL for the private use of our audience, and any other use of this telecast or of any pictures, descriptions or accounts of the game without the NFL’s consent is prohibited.”

Of course it is, but given the availability of recording technologies whether they be VCRs or DVRs, there is no way the NFL can ever enforce such a policy for personal, non-commercial use.

Later that evening, I selected a movie OnDemand from Comcast and had to stare at the following graphic for a few seconds before enjoying my film:

I couldn’t stop thinking about both these warnings as it pertains to emerging viewing technologies, particularly time-shifting and especially place-shifting. If I record an NFL game or a movie to my DVR, then view it via my Sling Box halfway around the world, am I reproducing, retransmitting, reusing or redistributing copyrighted material? Would a piece of content that is being viewed for the first time via Sling be considered rebroadcasted or retransmitted, or would this be the first broadcast and a continuation of the first transmission? What about if I have already seen the content but want to view it again via Sling because it is saved on my DVR? Would this be a rebroadcast?

My expertise is not copyright law. While it is interesting to ponder such semantics, my best guess is that the wealth of legal precedent surrounding tape players, VCRs and copyright law would extend to DVRs and Sling Boxes, which essentially allows and individual to take copyrighted content they own and make a copy of it or change its form to consume it through another mechanism. As long as the individual is not profiting in any way by doing so AND so long as the original content owner is not losing revenue by such actions and others getting a free ride, it would be kosher. So much for my idea of starting a P2P Sling network.

The reality is that copyright law was not written with the Internet in mind, and new technologies like, place-shifiting and IP/mobile video create new distribution and viewing options. Although the business models are still very unclear around many of these technologies, what is very clear is that traditional television is no longer the only way to view content.

It will probably be at least a couple years before the dust settles between Viacom and GoogTube, whether Hulu.com proves viable and profitable, and if other movies are released direct to the Internet first, bypassing the theatre (see previous blog on Jackass 2.5). Additionally, innovations coming from the living room, especially from the gaming console players, are coming soon. The networks know this. The infrastructure companies (cable, phone, and mobile) know this. The studios know this. The writers know this.

Hopefully, as content creators and distributors sort out the ins and outs of ownership, viewing, and compensation, copyright law gets updated alongside the new economic paradigms that emerge. Otherwise, EchoStar just paid about $380 million too much for technology whose sole function is “rebroadcasting” content over the Internet.

Joshua Beil is the director of emerging markets at a publicly traded telecommunications company. He was previously the CEO and cofounder of Skywave Broadband, Inc, a commercial WiFi service provider in Hawaii. He was recently named one of Pacific Business News’ Forty Under 40 for 2006. In 2005, he was named a High Tech Leader by the Pacific Technology Foundation. Before co-founding Skywave, Mr. Beil was VP of Research and Development for the market research boutique, Tier 1 Research, where he covered the Internet infrastructure sector as an analyst, and negotiated and sold subscriptions to Tier 1’s research services. He maintains a private consulting practice specializing in the Internet infrastructure industry. Josh has previously served as the Senior Analyst for Exodus Communications as well as the internationally known market research firm, IDC. He holds a Certificate in E-Business from UCSC Extension, and he graduated with honors from the University of California at Santa Cruz with a major in Psychology.

Blog: www.beilblog.com
LinkedIn: http://www.linkedin.com/in/jhbeil