Viacom, Time Warner Cable iPad Dispute Will get Warmer

The dispute between Viacom and Time Warnerover streamed content of cable channels including MTV and Comedy Central on iPads is not over. Not by any stretch in the imagination.our editor recommendsTime Warner Cable Third-Quarter Profit Lower 1%, Video Subs Keep falling Inside the summer season, the conflictseemed being heading towards resolution following a parties showed up in a "dead stop agreement" to pause suit to be able to showed up at funds, but talks eliminate. Really, the dispute has become so heated that time Warner Cable is becoming threatening to cancel its affiliation agreement with Viacom, pull channels in the system, and cease needing to pay significant license costs. Here's how this debate, which made an appearance round the side of peace, has out of the blue taken a obvious, crisp turn for your ugly. In April, the two companies filed dueling law suits against each other afterTWC launched an iPad application enabling its clients to check out TV around the mobile device. TWC attracted Viacom channels once you have a cease-and-desist letter, but visited NY federal court to locate a declaration that copyright law permitted a small, simpler way of its clients to relish television in your house by themselves iPad items. Viacom mentioned within the own suit that TWC had broken a contract and committed copyright breach. STORY: Wally Disney, Viacom, Time Warner Shares Below 2010 Closing Prices as fourth Quarter Starts For a lot of several days, the dispute was fought against as much in public areas just like a courtroom. TWC contended that by enabling clients to take advantage of their iPad device inside the home, the cable company was saving its clients the charge for leasing pricey cable boxes. Viacom's top professionals spoke up about concern that enabling fans to check out shows likeJersey Shoreon their iPad device was "cannibalizing" audiences on traditional platforms. The business maintained it needed compensation. In June, things started being less heated. The Two parties showed up at its "dead stop agreement." Then, in August, Viacom and also the other giant cable distributor, Cablevision, showed up at funds to resolve the same suit. The sale paved the means by which for Viacom programming to appear onCablevision's Optimum application for your iPad. The settlement agreement between Viacom and Cablevision might have suggested helpful information for Viacom and TWC to resolve their unique versions, nevertheless the opposite seems to own happened. The parties found no settlement, and lately, TWC filed new papers in the courtroom. STORY: Time Warner Cable Third-Quarter Profit Lower 1%, Video Subs Keep falling According to an amended reaction to Viacom's suit, TWC states thatViacom is required "to supply TWC identical rights to distribute the Viacom Services regarding Internet or online services as Viacom has decided to organizations.Inch TWC is constantly on the condition that "Viacom's grant of those rights to Cablevision without offering identical rights to TWC comprises a breach of obvious around the Viacom Affiliation Contracts, and enables TWC to terminate its distribution of obvious around the Viacom Services and accordingly cease needing to pay significant license costs for people services." Now, TWC is giving a NY federal judge something to think about. TWC remains seeking a declaration that disseminating Viacom programming round the TWCable TV iPad Application doesn't constitute copyright breach.. However when the judge confirms with Viacom, then TWC states the Cablevision deal (and a lot more like a certification arrangement with DISH Network) comprises a breach of numerous contracts, like the "Suite Services Agreement" (MTV, VH1, MTV2, VH1 Classic...), the "Core Services Agreement," as well as the "Comedy Agreement" (Comedy Central). TWC states it may be entitled to terminate people contracts or demand identical Internet distribution rights. Furthermore to new counterclaims for smashing the above pointed out contracts, TWC also seeking a declaration it completed its obligations within contract to distribute New Bands Television -- a Viacom station. The move seems to remain in reaction to alawsuitfiled by Viacom in June that TWC breached a distribution contract and tortiously interferedwith New Bands Television's relationship with entrepreneurs. On Wednesday, Viacom responded in the courtroom. For the moment, Viacom largely ignores TWC's new claims it breached its obligations by considering making iPad certification contracts with organizations and focuses heavily why a judge should eliminate the dispute over New Bands Television. According to Viacom, this counterclaim needs to be overlooked since it does not share "an average nucleus of operative fact" while using iPad dispute. We've showed up at to Viacom whether systems such asComedy Central and MTV quickly Warner Cable are threatened with the suit, which we'll update once we hear anything. E-mail: eriqgardner@yahoo.com Twitter: @eriqgardner Viacom Time Warner Cable