153:
Bearing in mind that the law strives to encourage both creativity and innovation for the common good, in a case such as the present one, how should the courts strike a just and fair balance between the interests of all affected stakeholders, viz, consumers, content providers as well as technology and service vendors? If the law is not clear as to whether the use of improved technology which is beneficial to society constitutes a breach of copyright, should the courts interpret legislative provisions to favour the private rights of the copyright owner or the public’s wider interests? This is the problem that we face and have to resolve in the present case. In the normal course of events, when enacting a statute, the
Legislature balances the rights and interests of all affected stakeholders after considering the social costs and the economic implications. Where the statute is not clear, however, the courts have to perform this difficult task.
168:
doing no more than making it more convenient for the aforesaid
Registered Users to enjoy the MediaCorp shows (which was something that these Registered Users were entitled to do as MediaCorp had licensed them to view those shows), we are of the view that the public interest is better served by encouraging rather than stifling the use of RecordTV’s novel technology, especially given that MediaCorp has apparently not suffered any loss from RecordTV’s provision of an additional and better time-shifting service to Registered Users who are licensed to view the MediaCorp shows.
195:
Thailand, Japan, Indonesia, United States and United
Kingdom markets. The facility to record and play Singapore channels persisted, although it continued to be geographically restricted to Singapore IP addresses. The InstantTV app on the Android Play Store went from 10,000 installs on 4 November 2014 to 100,000 installs - a 1000% increase by 3 August 2015, in 7 months.
118:
the copy – if it was the consumer, it could be considered for time-shifting and domestic use and therefore legal. If it was the company, then, the company was recording it for commercial use and therefore illegal. Thus, the case would turn based on the identity of the party making the copy. MediaCorp was represented by Drew and Napier CEO and Senior
Counsel
167:
is simply a technological advance that is not addressed by the
Copyright Act in the context of the copyright owner’s exclusive right to copy (ie, reproduce), communicate to the public and authorise the copying and/or the communication to the public of copyright-protected material. Since RecordTV was
104:
Fernandes purchased the assets of RecordTV.com from Simon, but then invented (and patented) "A System and Method for recording television and/or radio programmes via the
Internet". Among other things, the RecordTV.com service was restricted to Singapore users alone and users were able to record only
152:
This appeal raises an important policy issue as to how the courts should interpret copyright legislation in the light of technological advances which have clear legitimate and beneficial uses for the public, but which may be circumscribed or stymied by expansive claims of existing copyright owners.
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One of the core legal issues that arose was whether RecordTV.com was recording content on behalf of its users or whether the users were using RecordTV.com to record TV shows they would otherwise be entitled to see. This was significant because the case would turn on the identity of the party making
194:
As a result of the initial adverse ruling in the High Court, RecordTV had shut down its website. Following the reversal by the Court of
Appeals, RecordTV relaunched the website. In October 2014, RecordTV launched an app called InstantTV that targeted the global market, including free channels for
162:
To summarise our observations: in the present case, RecordTV’s iDVR service represents a significant technological improvement over existing recording methods and facilitates the more convenient enjoyment of television viewing rights by those
Registered Users living in Singapore who hold valid
113:
RecordTV Pte Ltd refused to comply with the demand to shut down its website. After the first cease and desist letter from MediaCorp, RecordTV's lawyers wrote back, alleging that MediaCorp's move was "calculated to stifle innovation and the growth of a new industry" according to an article by
114:
Singapore Press
Holdings that was republished. After the second, September cease and desist letter was received, RecordTV preemptively sued MediaCorp for groundless threats of copyright infringement proceedings, claimed S$ 30.5 million in damages and continued to operate its website.
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The Court of
Appeals ruled in favour of RecordTV, awarded costs and damages and issued an injunction against MediaCorp from issuing further threats against RecordTV. In reversing the ruling of the lower court, the Court of Appeals summarised its conclusion:
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Singapore Free-to-Air content, which was broadcast by Singapore's state-owned broadcaster, MediaCorp. Shortly thereafter, on 24 July 2017 and 27 September 2017, RecordTV.com received two cease and desist letters alleging infringement by MediaCorp.
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RecordTV.com was originally a US-based company that provided cloud-based recording of any and all cable TV channels its founder, David Simon, had subscribed to, by any user on the Internet. The
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176:"We are delighted by the ruling. After over three years of litigation, it is clear that MediaCorp's threats were unjustified. Today is a great day for entrepreneurs, consumers and innovators."
133:. Following the judgment, Patry stated that in his view Justice Ang had erred in a blog post called the "Singaporean Cablevision case", where he asserted that the court had misread the
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358:
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410:"Law Professors' Amicus Brief in Cablevision case (Cartoon Network et al. v Cablevision, 2d Cir. 2007) - Copyright Law Of The United States - Copyright"
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RecordTV chose to appeal the ruling. In its ruling, at the onset, the Court of Appeals set out the importance of the case for society:
122:, who cross-examined RecordTV CEO Fernandes over 3.5 days during the trial. RecordTV lost the lawsuit in the High Court of Singapore.
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The litigation was described as a "David vs. Goliath" battle that came to "its familiar conclusion", on the front page of the
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brief in support of Cablevision, also indicated through his writings that the court should have found in favour of RecordTV.
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This article is about the Singapore based cloud DVR service. Not to be confused with the Brazilian group of TV stations,
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to defend against the litigation, but eventually gave up, settled and decided to sell its assets.
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359:"Singapore Copyright Infringement Online TV show recording service sued by Broadcasting Company"
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newspaper. Fernandes was subsequently named Young Global Leader by the World Economic Forum.
559:"With InstantTV, Singapore startup wants to be global platform for linear TV - Techgoondu"
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260:
315:"RecordTV Pte Ltd v MediaCorp TV Singapore Pte Ltd and Others - [2009] SGHC 287"
287:"A System and Method for Recording Television and/or Radio Programmes Via the Internet"
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In the initial, adverse judgment against RecordTV, Justice Ang of the High Court cited
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385:"William Patry's Blog - The Singaporean Cablevision Case - March 23, 2010 20:23"
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585:"How to Watch Singapore Free to Air Channels Online - Stack Pointer"
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465:"RecordTV Pte Ltd v MediaCorp TV Singapore Pte Ltd and others"
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sued Simon for copyright infringement. Simon initially hired
435:"Copyright Action, Singapore Dep't - The Volokh Conspiracy"
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Following the victory, ZDNET quoted Fernandes as saying,
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in 2007 and previously offered services as RecordTV.com.
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http://www3.weforum.org/docs/WEF_YGL_ActiveMembers.pdf
611:"InstantTV - TV in an instant! - Androidrank profile"
496:"Online company wins S'pore copyright appeal - ZDNet"
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ruling and should have found in favour or RecordTV.
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72:(DVR) operated by RecordTV Pte Ltd based in
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523:"Appeals court hits RecordTV's play button"
333:"Start-up sues MediaCorp [Archive]"
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109:RecordTV Pte Ltd vs. MediaCorp litigation
657:Technology companies established in 2007
652:Internet properties established in 2007
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141:, a legal scholar and co-author of an
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234:McClintock, Pamela (18 April 2001).
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647:Technology companies of Singapore
163:television licences. RecordTV’s
1:
261:"RecordTV.com to sell assets"
76:. The company was founded by
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78:Carlos Nicholas Fernandes
38:Carlos Nicholas Fernandes
236:"RecordTV.com shut down"
672:Singapore copyright law
662:Digital video recorders
205:Digital video recorder
70:digital video recorder
48:; 17 years ago
337:Singapore Rolex Club
615:www.androidrank.org
469:www.singaporelaw.sg
100:Launch in Singapore
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667:Cloud applications
22:Xfinity Instant TV
591:. 8 November 2014
389:www.goodreads.com
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623:. Retrieved
619:the original
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34:Developer(s)
240:variety.com
210:Cablevision
135:Cablevision
129:specialist
94:Ira Rothken
20:or Comcast
641:Categories
439:volokh.com
221:References
139:David Post
53:2007-07-01
463:Neelima.
215:Mediacorp
74:Singapore
63:InstantTV
28:InstantTV
625:21 April
595:21 April
569:21 April
532:21 April
507:21 April
479:21 April
445:21 April
419:21 April
394:21 April
369:21 April
343:21 April
296:21 April
291:wipo.int
271:21 April
265:cnet.com
245:21 April
199:See also
190:Relaunch
18:RecordTV
84:History
51: (
414:Scribd
501:ZDNet
65:is a
627:2018
597:2018
571:2018
534:2018
509:2018
481:2018
447:2018
421:2018
396:2018
371:2018
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273:2018
247:2018
165:iDVR
90:MPAA
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