Star-Vijay Copyright case hearing next week, TRAI to file counter

[Manu]

NEW DELHI: The petition under the Copyright Act in the Madras High Court challenging the jurisdiction of the Telecom Regulatory Authority of India is to be heard on 15 March 2017 as the regulator has sought more time to file a counter-affidavit in the matter.

The time was also sought for more time as both Star India and Vijay TV amended their plaint and prayer in the light of the order of the in the light of the Supreme Court vacating the stay order earlier granted by the High Court. The Court had initially adjourned to 17 March but preponed it to 15 March as one counsel said he would not be available on 17 March.

The broadcasters have pleaded that the regulator has no jurisdiction over matters relating to intellectual property rights.

The Bench comprising Justice S Nagamuthu and Justice Anitha Sumanth was informed by All India Digital Cable Federation (AIDCF) counsel A L Sundaresan and Star counsel P S Raman about the proceedings in the appeal by TRAI in the apex court. TRAI was represented by P Wilson while Additional Solicitor General G Rajagopalan represented the Central Government.

Even as TRAI objected to the amendment and sought time for a counter, AIDCF informed the court that the notification itself provides that the effective provisions will come into effect after 30 days from date of publication (or in some cases, more than 30 days), hence the stay should not be granted. AIDCF also submitted that even on merits, a stay ought not to be granted.

AIDCF informed the Court that Star may be directed to furnish copies of all documents and pleadings filed, to which the judge orally informed the counsel for Star to furnish the same.

Broadcasters vs TRAI: Madras High Court hearing today | Indian Television Dot Com

 

[SarfaRaZ]

What Copyright done by Star Vijay shy Can anyone explain what's the matter :-/

 

[Sai Jai]

What Copyright done by Star Vijay shy Can anyone explain what's the matter :-/

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[hike]

Earlier, both Star India and Vijay TV had filed a petition in Madras High Court under the Copyright Act on the ground that TRAI could not issue orders that would affect content but could only issue regulations relating to distribution and other matters.

After the High Court stayed all orders issued by it, TRAI appealed to the Supreme Court which this morning said that TRAI was free to issue its orders. However, it said the case in the High Court would continue and would have to be completed within sixty days.

Both channels were also given leave to amend their petitions in the event of TRAI issuing any orders.
Cable TV price may reduce as TRAI issues tariff, QofS, interconnect regulations after SC nod | Indian Television Dot Com

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[98shubhamk]

Star amends petition in Madras HC, seeks dismissal of TRAI’s tariff order

MUMBAI: Star India and Vijay Television have amended their petition in the Madras High Court by adding a new prayer for setting aside the Telecom Regulatory Authority of India’s (TRAI) tariff order and interconnection regulation. The broadcaster has contended that TRAI does not have the jurisdiction to regulate TV channel pricing. Earlier, the two parties earlier maintained that TRAI had overstepped its jurisdiction and violated the Copyright Act, which deals with all aspects of exploitation and monetisation of content. 
TRAI had notified the tariff order and interconnection regulation on 3 March after the Supreme Court gave it the go ahead. The SC had earlier stated that the Madras HC can continue to hear the issue of jurisdiction. While retaining most of the recommendations, TRAI has removed the genre-wise price ceiling. The authority has said that any channel that is priced above Rs 19 cannot be part of the bouquet.
The HC had earlier disallowed the Indian Broadcasting Foundation (IBF) and All India Digital Cable Federation (AIDCF) from impleading in the matter. The matter has now been posted for hearing on 15 March. In December 2016, Star and Vijay had challenged TRAI’s jurisdiction to fix price of content. The Madras HC ordered TRAI to maintain status quo. Irked by the order, TRAI filed a special leave petition (SLP) in the SC, which allowed the regulator to frame regulations.
 However, the same would have to be placed before the apex court before notifying.

:wall :s .

Read more at: http://www.televisionpost.com/trai-tdsat/star-amends-petition-in-madras-hc-seeks-dismissal-of-trais-tariff-order/ | TelevisionPost.com

 

[hike]

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[SarfaRaZ]

Manu bro ban why?

Link Removed

 

[hike]

Ohk

 

[Manu]

Star & Vijay TV amend plea, TRAI asked by Madras HC to file response

NEW DELHI: The Madras High Court today decided to hear on 24 March the case by Star India and Vijay TV alleging that the Telecom Regulatory Authority of India tariff and other orders allegedly were in conflict with Copyright Act 1957.

This development came after the HC allowed an amended application from petitioners to be filed, which, according to industry sources, broadly states that TRAI regulations involving tariff, etc are bad in law.

Following the Supreme Court directive of 16 February 2017 on an appeal permitting TRAI to issue its tariff and other orders even as the case would continue in the High Court, both the broadcasters had filed an amended petition. The court also directed TRAI to file its reply by Wednesday next.

TRAI had issued three regulations, including one on tariff on 16 January 2017, the day the Supreme Court gave its clearance.

The broadcasters had sought to argue that the TRAI orders are in conflict with the Copyright Act 1957. As a result of that court order and pending the full hearing of the case, TRAI would not be able to pass any guideline for issues such as broadcast tariff, broadcast interconnect, and quality of services. The temporary stay by Madras HC was over-ruled by SC later.

It is also expected that a final judgment on the case could come about by 3 April 2017 in the Madras HC, if not before that date.

Last year, TRAI had issued draft guidelines on tariff interconnect and quality of service, and TRAI chairman RS Sharma had then told indiantelevision.com that the regulator would come out with its final recommedation by the end of 2016.

It may be recalled that the Indian Broadcasting Foundation (IBF) had also said in reaction to the TRAI drafts that the exercise was in direct conflict with the provisions of the Indian Copyright Act.

The comments had been stated in a submission to the Telecommunication (Broadcasting and Cable Services) Interconnection (Addressable Systems) Regulations 2016; the Telecommunication (Broadcasting and Cable Services) (Eighth) (Addressable Systems) Tariff Order 2016; and the Standards of Quality of Service) and Consumer Protection (Digital Addressable Systems) Regulations 2016.

The All India Digital Cable Federation (AIDCF), which had made itself party to the case after being allowed by the Madras High Court, till the time of writing this report had not yet made up its mind whether to further join issues with petitoners’ amended application in Madras High Court.

Star & Vijay TV amend plea, TRAI asked by Madras HC to file response | Indian Television Dot Com

 

[SarfaRaZ]

RE: Star & Vijay TV amend plea, TRAI asked by Madras HC to file response

What's different Breaking-News-Star-Vijay-Copyright-case-hearing-next-week-TRAI-to-file-counter :huh