Viacom Sues Cablevision Over iPad App

23 Jun, 2011 By: Chris Tribbey

In the latest legal salvo over TV Everywhere, Viacom sued cable TV distributor Cablevision June 23, accusing Cablevision of copyright infringement and breach of contract for streaming Viacom content on an iPad application.

Viacom is seeking unspecified damages and an injunction against Cablevision’s use of the application.

“Viacom has made it clear that it is willing to discuss extension of similar rights to others, including Cablevision,” the suit reads. “What Viacom cannot do, however, is permit one of its contracting partners, Cablevision, to unilaterally change the terms of its contractual relationship.”

Cablevision launched its TV Everywhere application April 2, allowing subscribers to access content on their iPads, including 19 Viacom programming channels.

Viacom says it is in discussions with Cablevision over licensing Viacom content for use on TV Everywhere applications; however, the current agreements between the two “do not grant Cablevision the rights to stream Viacom’s entertainment programming to iPad tablets or similar portable devices through a cable modem, and Viacom has not otherwise authorized Cablevision to engage in such distribution.”

Viacom argues that it licenses content to other digital outlets, including Apple iTunes, Hulu and Netflix, and applications such as Cablevision’s iPad app shouldn’t be treated any differently. In the suit Viacom also raises concerns about the security of its content being distributed via the application.

In a statement Cablevision argues that its application is legal.

“Cablevision’s very popular Optimum App for iPad, which has been available to our customers for nearly three months, falls within our existing cable television licensing agreements with programmers — including Viacom,” the statement reads. “It is cable television service on the iPad, which functions as a television, and is delivered securely to our customers in the home on Cablevision's own proprietary network.”

The suit comes just a day after Viacom and Time Warner Cable agreed to put on a hold a similar suit concerning Time Warner Cable’s iPad application. The two companies told a judge they would attempt to resolve the matter out of court.
 

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