Category: Software

MUMBAI: The Confederation of Indian Industries (CII) and Lawquest have released a White Paper on Copyright and Emerging technologies. The paper discusses issues relating to copyright on content that may be used in mobile phones.

LawQuest partner Poorvi Chothani who wrote the Paper notes that digital technology has made it easier to copy content. “People feel that once they buy digital content they can use it anywhere and anyhow. The customer‘s attitude is “If I buy a downloadable movie I want to be able to play it in a number of places. My Mobile Phone. My Mac. My PC. My Video Pod 2 (for lack of a better term).” This is a flavour of what consumers are demanding and will demand in the future “I bought it so I own it, so I can use it how I like, when I like and where I like!””

Moreover, the paper notes that technology is making it possible, whether use of content on these instruments or media is authorised or not. Rapidly changing technology enables the same content to be used in different ways on mobile phones, an iPod; in an online database retrieval systems in whole or in part on a CD Rom; on MP3 players; in whole or in part on a DVD on the Internet; on a website on the World Wide Web; for personal use and/or for podcasting or video casting; on an electronic bulletin board such as those included with Internet Service Providers; or on a blog initiated by an individual.

Whatever be the medium, once a work that is entitled to copyright, is placed or used on any of the media, described above, there will be issues pertaining to copyright ownership, royalty, license, infringement and plagiarism, to name a few. This requires an examination of what can be copyrighted.

The paper notes that copyright statutes were originally enacted for literary property, extended to other forms of creativity and as technologies change as an Intellectual Property Right (IPR) has been increasingly commodified, rendered easily transferable and in many cases susceptible to easy infringement. However, the speed with which technology evolves, a clear and timely definition of the ultimate bundle of rights, which is increasingly divisible into thinner and often ephemeral slivers, is almost imposgible.

Since innovators cannot foresee all its future uses it is impossible to expect technology, judges and legislators to anticipate future protection and enforcement of copyrights. This is further complicated by the common perception that what is ‘freely‘ available on the Internet is ‘free‘ to use. This is based on the rationale that if it was not to be used free of cost it would not be ‘freely‘ available or ‘free‘ further exacerbates the problems. It is also worth noting that there is no copyright on an idea. There is however copyright on the expression of an idea.

The paper looks at the different kinds of content available for mobile and internet and copyrights herein. A few of them are:

WalIpapers: A wallpaper is an image used as a background on a computer screen. Wallpapers for the mobile phones are an extension of this term and could qualify as an artistic work for copyright protection notes the Paper. The right to a copyrighted pictorial, graphic, or sculptural work in copies includes the right to reproduce the work in or on any kind of article. Therefore, the right to create a “wallpaper” of a painting, for example, would lie with the artist that created the original painting or the subsequent owner of such a right.

The Paper offers the case of the Daily Calendar Supplying Bureau vs. United Concern. The Court, when examining the copyright in a picture of a Hindu deity in a human form, found that ideas cannot be copyrighted but the skill and originality of thought and form of expression can be. Therefore, a “wallpaper,” where the artistic work shows “skill and originality of thought and form of expression” could qualify for copyright protection and can be exploited by the original author or the owner/licensee of the copyright. Further, under existing law a “wallpaper” may be protected as a derivative work if it consists of a contribution of original material to a pre existing work so as to recast, transform or adapt the preexisting work.

It should be noted that in order to qualify for a separate copyright as a derivative work, the additional matter injected in a prior work or the manner of rearranging or otherwise transforming a prior work, must constitute more than a minimal contribution .

Some websites that provide downloaclable wallpapers bring to the notice of customers that the sites contain wallpapers that are copyrighted, and cannot be distorted or distributed without prior permission. When sections of a film or other artistic work are used as wallpapers they would need to be authorised by the original copyrights owner. Any use in contravention of these provisions would amount to infringement.

iTunes: As readers probably know downloads from Apples‘ iTunes online music store is a popular source of purchasing legitimate content which will now be available on certain mobile phones. The problem is that control of copyright on content downloaded from this site or similar sites is difficult. Initial downloads are monitored by digital rights management systems.

However, there is very little control on subsequent copies. iTunes does place contractual obligations on its users, and its terms of usage restriction on access and download from the site, which include that their “Products” may be used only “for personal, noncommercial use”, on “five Apple authorized devices at any time.” The user is further entitled to “export, burn (if applicable) or copy Products solely for personal, noncommercial use” and is explicitly “not entitled to burn Video Products.” In addition the user is “authorised to burn an audio playlist up to seven times” and can “store Products from up to five different Accounts on certain devices,

Similar contractual restrictions are found on some other sites, but the challenge lies in the enforcement and monitoring of such restrictions. An Indian court might uphold such restrictions and grant relief provided the owner could prove infringement. Other service providers, including mobile operators could introduce such contractual obligations but are likely to find it difficult to enforce and monitor.

Ring Tones : Many portals and cellular operators offer ring tones and caller tunes, but whether all of them offer licensed products is questionable. Since many of these ringtones are music notes of the original songs, the service provider needs to take the permission from the concerned company or the person under the Copyright Act. Anyone providing them without the consent of the “rights owner” does so illegally.

Sound recordings of the original track to be used as ringtones would require licensing. The offer of “samples” of sound recordings by cellular operators to customers may require different treatment. Since this allows a customer to ‘sample‘ or ‘try out‘ the product before purchasing it. An analogy in the physical world would be that of a shop that offers several products and allows its customers to pick up, touch or feel objects before he/she makes a purchase. Whether such “samples” should be subject to licensing or not is the matter of great concern to mobile phone operators and other service providers.

In addition, “samples” created so that they can be only heard on a computer with a sound card and the full version of the ring tone can be downloaded only after paying for it might be a viable solution. This would, of course, limit the market penetration due to the disproportion between the number of mobile users and the lack of access to computers for many of them.

Mobile Phone Games: These are usually downloaded via the mobile operator‘s network, but sometimes via other technology. Games are developed using various computer related technologies and software programming, in conjunction with different hardware and vivid graphics. The artistic graphics, which add to a Game‘s appearance, is an important part of its success. Copyright does not protect the idea or concept behind a Game, nor does it protect the information as to how the Game is to be played (although it may protect a particular written expression of such rules). Ideas, information and styles are not protected by copyright. However, the underlying software and the graphics of the game would be entitled to copyright, as literary and artistic work respectively.

Under the Copyright Act as amended in 1994, “Literary work” now includes computer programmes, table and compilations including computer data bases. According to section 14 of this Act, it is illegal to make or distribute copies of copyrighted software without proper or specific authorization. These rights are only available to the owner of the copyright. The only exceptions provided by section 52 of the Act, which allows a backup copy purely as a temporary protection against loss, distribution or damage to the original copy and certain “non commercial personal use.” In view of this any unauthorised uses or downloads of Games would amount to infringement of the owner‘s copyrights as a literary and/or artistic work.

Of course, there are several issues linked to the very ‘mobility‘ and transferability‘ of the medium mobile phones. When Games can be permanently saved on mobile phones, and the phone is sold to another individual the Game would also be transferred, thereby adding value to the mobile phone. Will this amount to ‘non commercial personal use‘? Under US law this might be covered by the ‘first sale doctrine,‘ which allows the purchaser to transfer (i.e. sell or give away) a particular, legally acquired copy of protected work without permission once it has been obtained.

The first sale doctrine on whether this privilege should be extended from physical to digital goods has been actively debated in the US. This was further analyzed by the US Copyright Office, in a study required as part of the 1998 Digital Millennium Copyright Act (DMCA). The DMCA did not extend the first sale doctrine to digital content per se but even the US law regarding sale of devices with copyrighted content remain ambiguous.

Fife Sharing: The Paper notes that file sharing on the Internet is rampant in India. With the enhanced availability of broadband this is likely to grow. The liability of Internet Service Providers (ISPs) for copyright infringement is not expressly covered by the Indian Copyright Act. The Indian Information Technology Act, 2000 exempts ISPs from liability if they can prove that they had no knowledge of the occurrence of the alleged act, and that they had taken sufficient steps to prevent a violation.

However, if the ISP fails to take steps within a reasonable time to remove the infringing material from the network or fails to prevent infringement of copyright in the above circumstances he may not be entitled to the plea of ignorance of infringement.

Last year while ruling in the famous Grokster Case, the US Supreme Court had exposed the file sharing companies to potential liability. It ruled that they were found to intentionally induce or encourage the theft of copyrighted works and could be held liable .24 Following this decision, the US entertainment industry sent notices last fall to seven file sharing software companies warning them to shut down or prepare to face lawsuits. Some services shut down while others settled with the entertainment industry with a view to launching similar licensed services.

Ripping: Generally, an individual that makes a legal purchase of copyrighted material, like a CD can legitimately use the contents of that CD on any CD player. The very nature of the medium permits its use on devices like PCs that make many copies of the digital information carrying the material as an individual listens to music or uses other content.

Is this automatic copying infringement? Whether any copies of the material on the CD made on a laptop, PC, or iPod for his/her personal rule is unlicensed use or not remains unchallenged at present. It seems that as long as the material is used for the individual‘s benefit it would be licensed. However, when the same individual uses that material for commercial gain, to a larger audience, it would seem to be unlicensed use.

The Paper adds that it is not correct for users to presume that, when one buys a CD, one has bought a license for the music on the CD. Instead, the buyer has only acquired the ownership of a tangible copy and everything else he/she does with that recording may fall under some form of fair dealing, if confined to the individual user.

Then there is the question of reusing old recordings with technologies that were not contemplated at the time when the original was recorded on another medium like vinyl. One may wish to copy analogue content, already paid for, onto an iPod or to a mobile phone. Does one need to purchase it again from iTunes even though one might have paid for it several times on different media?

Converting it from analogue to digital can be quite tedious and to have it done professionally may be expensive. The convenience of downloading digital content from iTunes, or similar portals, might encourage the purchase of the content once again even though one owns an analogue copy.

Suggested Changes: The Paper states that copyright is a balancing act where public interest safeguards, the idea expression dichotomy and the fair use privilege need to be balanced with the right itself. In view of this certain changes to help protect these rights and to allow the public to have access to copyrighted work in an equitable manner are needed.

To help protect rights, India could pass preemptive laws in keeping with the European Union Copyright Directive (The EU Directive) which provides for the protection of “rights management information”, which is metadata such as identifying “watermarks” which is combined with a work whereby the EU Directive prohibits the removal or modification of rights management information.

However the controversial fallout of this is that as the tracking information monitors illegal users there are issues of infringing user privacy, as it would be illegal to write or use software to strip out the information in an attempt to preserve the user‘s privacy rights. India will have to balance these issues when considering similar legislation.

In addition, India could emulate the Technical Protective Measures under the EU Directive, which requires member states to provide adequate legal protection against the circumvention of any effective technological measures that are introduced with the objective of protecting copyrights.30 A measure is deemed to be “effective” if the use of a protected work or other subject matter is controlled by the rightholders through application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject matter or a copy control mechanism, which achieves the protection objective.

Another recommednation is to increase the penalty levied in the case of copyright infringement. In the US penalties levied are far higher. Along with a notice of copyright ownership, required by the Copyright Act ‘32 it might be a deterrent to include information about penalties and criminal punishments applicable to copyright infringement, similar to those that are required by federal law in the US. On US DVDs for instance there is an FBI warning at the beginning.

To protect public interest, Indian law could introduce flexible provisions to govern fair use. The US courts have used principles of ‘fair use‘ in the interest of promoting copyright‘s overall policy goals and is not rigidly applied; instead the four factors are applied in a balanced fashion on a case by case basis to arrive at an equitable result. A flexible application of ‘fair use‘ instead of the present list of rigid provisions pertaining to ‘fair dealing‘ under the Indian Copyright Act, 1957, might lead to a more equitable balance of copyrights, their use and ownership. For example a ‘fair use‘ of “samples” of sound recordings could be exempted from licensing requirements to enable the public to check whether they really want access to the product.

Free “samples” may be subject to size restrictions; for example a free “sample” of a sound recording could be restricted to 30 seconds of play time (as is the case with amazon.com and some other sites), and mobile operators or other content providers could be precluded from charging their customers for “samples” because they would not have to pay royalties for use of such “samples.”

MUMBAI: Tivo which creates television services for digital video recorders (DVRs) in the US has launched the high end TiVo Series3 High Definition (HD) Digital Media Recorder.

This the first stand-alone Tivo product that is HD compatible. The company says that the Tivo Series3 HD box is the world‘s first THX -certified, digital video recorder.

Tivo CEO and president Tom Rogers, says, “Tivo continues to be the best way to watch television and we are very proud to extend the TiVo experience into the world of high definition with the release of the TiVo Series3 HD box.”

The Tivo Series3 HD box allows the consumer to experience Tivo‘s service features, such as Season Pass recordings and WishList searches, in sharp, vivid high-definition images. Extensive video analysis and performance testing by THX ensures content will always playback at the maximum quality and resolution. The advanced chipset in the TiVo Series3 HD box also lays the groundwork for support for more advanced download features in the future.

Dual tuners allow subscribers to record two different shows in HD at the same time, while watching a third pre-recorded show. With the high quality OLED front-panel display, the TiVo Series3 HD box will show what is recording, even when the television is off. The product enables the user to record up to 32 hours of HD programming, or up to 300 hours of recording capacity in standard definition. The TiVo Series3 HD box also features a new, sleek, backlit remote control.

The product TiVo says is designed to fit seamlessly into the most discerning home theater systems. It is compatible with digital cable, analogue cable and is the first TiVo to support over-the-air digital HD (ATSC). Later this year, it will also support the newly released TivoCast service feature which allows users to access content directly through their broadband connection, introducing the next revolution of Internet and cable delivery. Future software releases can even enable advanced MPEG-4 based download features.

With a built-in Ethernet jack and USB ports, the product also provides advanced connectivity and easy networking, making it simple to access an additional suite of exclusive TiVo features.

Tivo adds that its subscribers have anticipated the day they can use its services in high definition. The product the company states gives customers the best way to experience HDTV in visual and audio performance, an easy, intuitive way to find and record HD programming and a broad set of multimedia and networking capabilities.

Features of the product include :

TiVo Online Scheduling: The user can schedule last-minute recordings from the office or on the road from anywhere one can access the Internet.

WishList Searches: One can find programmes by actor, director, keyword or topic. The Tivo service works to find and record all the programs related to that topic — like an advanced search engine for your television.

Season Pass Recordings: This allows one to automatically record every episode, even if the network schedule changes. It can even skip repeat episodes.

TiVo KidZone: The comes later this year to the Series3 HD box. Tivo gives parents the power to easily create a customized area for their children, with only the programs they have pre-approved.

Broadband connected TiVo Series3 subscribers will have access to a variety of multimedia services, networking options and entertainment choices.

MUMBAI: US broadcaster ESPN has launched the ESPN Video Games Channel presented by GameTap. This is a section of the sports site, ESPN.com.

Developed in collaboration with Ziff Davis Game Group, the co-branded section delivers sports video game-focussed content including sports video game news and reviews, trailers, audio and video podcasts, industry analysis, interviews and more.

Additionally the section will soon feature the GameTap Video Game Vault. This section will give fans in-depth information and histories about hundreds of the most popular video games from a number of game platforms.

Content for the section is provided by both Ziff Davis Game Group and ESPN.com, and will include material from 1UP Network sites 1UP.com, GameVideos.com, and FileFront.com and magazines Electronic Gaming Monthly, Official U.S. PlayStation Magazine and Games for Windows: The Official Magazine, as well as from ESPN writers and contributors.

Fans can find the new page can at: sports.espn.go.com/videogames/index

Content on the ESPN Video Games Channel will include:

Video and Audio

— A weekly video podcast from ESPN.com and the 1UP Network, modeled after “The 1UP Show” and available through ESPN.com‘s PodCenter and 1UP.com;

— Sports-oriented gaming demos, strategy videos, and preview trailers from GameVideos.com;

— A weekly, co-branded audio podcast about the latest in sports games available through ESPN.com‘s PodCenter and 1UP.com;

— Game and statistical simulations from popular sports titles.

News, Reviews and Information

— News about the latest sports video games on the market;
— Product previews, reviews and rankings;
— Interviews and industry analysis;
— Links, summary and teaser content for non-sports oriented content on 1UP.com, including product reviews, news, videos, files and rankings.

GameTap Video Game Vault

— Fans will be able to read about, and in some cases play, popular past sports arcade, console and PC video games, including games originally available on various video game platforms such as Atari 2600, Genesis, Neo-Geo, SEGA Genesis, Commodore 64, Intellivison and more.
» 3 Count Bout, League Bowling, 2020 Super Baseball, Football Frenzy (originally on Neo-Geo)
» Pro Boxing Simulator, Pro Powerboat Simulator and Pro Skateboard Simulator and Winter Games (originally on Commodore 64)
— GameTap also provides access to video game hits, ranging from Pac-Man, Galaga and Frogger to Street Fighter, Tomb Raider, and Tom Clancy‘s Splinter Cell.

Community

— User-submitted content from FileFront.com, a leading site for gaming downloads;
— Links to message ESPN.com message boards

MUMBAI: Mobile firm Nokia and Warner Bros. Digital Distribution have announced an agreement.

Content based on Warner brands will be made available for consumer downloads through the Nokia Content Discoverer client. This feature is embedded in millions of Nokia devices currently available in markets around the globe.

The multi-country agreement will create a dedicated Warner Bros. mobile content ‘storefront‘ available to consumers through the device-resident Nokia Content Discoverer client, part of Nokia’s complete mobile content ecosystem. Compatible with leading Nokia handsets based on S60 and Series 40, Nokia Content Discoverer is embedded as an on-device portal in more than 20 Nokia handset models, comprising millions of devices currently in the marketplace through leading mobile operators and retail outlets worldwide.

At service launch, mobile subscribers in select European and Asian countries will be able to explore the dedicated Warner Bros. Entertainment channel and discover images, tones, games and video clips. The consumer offer brings together premium and promotional content from Looney Tunes, Hanna-Barbera, DC Comics and the films Superman Returns, Charlie and the Chocolate Factory, V for Vendetta, Dukes of Hazzard and Batman Begins.

Nokia’s global developer programme Forum Nokia director, business development and channels Brad Brockhaug, says “This agreement represents a key addition to our Nokia Content Discoverer program, providing Nokia customers with a convenient and familiar place to shop for the world’s most popular entertainment content.

“Nokia Content Discoverer is part of a content ecosystem designed to improve access to mobile content downloads for millions of subscribers. These consumers now will be able to personalize their mobile devices with their favorite Warner Bros. content.”

Nokia Content Discoverer facilitates easy access to downloadable content by mobile subscribers through a collection of shopping mall “stores” run by branded content providers, leading content aggregators and mobile service providers. Operators are able to build their own branded mobile shopping mall, with better positioning of content and the presence of the operator‘s brand on the device, generating higher adoption. Consumers’ experience of content shopping is greatly enhanced through Nokia Content Discoverer’s advanced on-device caching of content catalog metadata which allows free browsing of the content stores in the mobile mall, as well as automatic content updates, integrated preview/prelisten and proficient content installation capabilities.

Nokia Content Discoverer is currently embedded in select S60 and Series 40 devices available in the global marketplace, including the Nseries multimedia devices (Nokia N70, N71, N72, N73, N80 and N93), Eseries devices for enterprise users (Nokia E50, E60, E61 and E70), Nokia 5500, and Nokia 3250 handsets currently available in mainland China and on Nokia 6131 devices in China and other Asia-Pacific markets. Nokia Content Discoverer is expected to be in the hands of over 20 million consumers worldwide by the end of the year.

MUMBAI: UK broadcaster Sky Sports will boost its coverage of the Uefa Champions League with content available across five different services. The event kicked off yesterday 12 September.

As well as live coverage across two Sky Sports channels, for the first time; Sky digital viewers can access new interactive options, Sky Sports HD will offer live high definition games, matches will be streamed at skysports.com, and mobile users can see post-match highlights.

The new ways of watching the new Uefa Champions League are:

· High Definition– Matches will be aired in high definition. Sky HD claims to offer even clearer, more vibrant pictures to viewers with an HD-ready TV and Sky HD box and subscription.

Interactive – Sky digital viewers can, for the first time, keep up to date with a new goal alerts service as well as choosing from 14 different matches this week. Viewers select their game, or switch between games, by pressing the red button on their remote handset to launch Sky Sports Active and using a simple on-screen menu.

Online– Starting with the first Group Stage games on matches will be streamed live through skysports.com. As an introductory offer, users can access any of the 14 games offered live by Sky Sports on a PPV basis for �3 (€4.50) per match.

Mobile – Sky Sports will offer in-game goal clips from all games to mobile phones. Users should check their mobile operator for details.

The latest update to the interactive service for UEFA Champions League – a service launched three seasons ago – is the �Goal Alert’ facility which brings updates on goals as they are scored. A new �Quad Split’ option is also available for the first time, allowing viewers to watch four matches on the same screen on Wednesday evenings.

Sky Sports Networked Media director Piers Croton, said, “Three years ago Sky Sports introduced multi-match choice options to British TV through Sky digital and our live interactive service. Now we’ve extended the proposition so that our customers can keep right up to date and follow the UEFA Champions League just about wherever they are. â€?

MUMBAI: US media conglomerate News Corp and VeriSign have announced a joint venture to form what they claim is world’s largest provider of mobile entertainment.

News Corp will pay $188 million for a controlling interest in VeriSign’s wholly-owned Jamba subsidiary and will combine it with Fox Mobile Entertainment assets. VeriSign operates intelligent infrastructure services that enable and protect interactions across voice and data networks anytime, from anywhere on multiple devices.

The new company will merge a technologically advanced platform with mobile content production and delivery capabilities and will serve 30 territories with a potential reach of more than a billion mobile subscribers. The new company intends to retain the Jamster brand in the US and the Jamba brand worldwide.

Former Fox Mobile Entertainment president Lucy Hood will become CEO of the joint venture. With key centers in Los Angeles and Berlin, the new entity will be the industry’s only vertically integrated mobile entertainment company with unique capabilities to produce, market, sell and distribute mobile content.

News corp president and COO Peter Chernin says, “This is an important step in News Corp.’s strategy of becoming the world’s leading digital media company. We are the most powerful media company on the web with Fox Interactive Media, our aggressive digital content deals have given consumers access to News Corp programming on every conceivable platform and we have already demonstrated innovation in this emerging space with the Mobisode and Mobizzo.

“Wireless technology gives us an enormous opportunity to reach billions of mobile phone users with our content. With this new venture we’re looking forward to inventing new and compelling ways to engage this exciting new audience.â€?

VeriSign CEO Stratton Sclavos says, �We are excited to combine our unique mobile entertainment expertise and direct to consumer assets with one of the most forward-thinking media companies in the world. We look forward to working with News Corp. to create compelling, interactive services that make an impact on the next generation of wireless users�.

Jamba was founded in 2000 and is considered a global leader in off-deck delivery of mobile entertainment. The company currently delivers content in 30 territories and has one of the industry’s most advanced technology platforms. Jamba can immediately distribute content in all of its territories, which is critically important in an industry where most of the users are young people always looking for the ‘next cool thing.‘ With its cutting-edge analytic tools, Jamba has the real-time ability to track and optimise marketing, quickly reacting to consumer needs and interests in order to be able to monetize products and services.

News Corp’s Fox Mobile Entertainment group got its start with American Idol text voting, which generated nearly 65 million text messages this past season, up from 12,000 messages in the first season in 2001. In a long list of firsts, the company also invented the Mobisodes Series category, which led with the 24: Conspiracy series, the first made-for-mobile program to be Emmy-nominated, and launched the first ad-sponsored video series Prison Break: Proof of Innocence.

The company also launched the first media-backed cross-carrier mobile entertainment service for consumers, Mobizzo.

The new Jamba will offer an aggregation of content from music and media companies, as well as original content created exclusively for mobile. Jamba partners include: Universal Music Group and Warner Music, among others. In addition, Jamba and Fox Mobile Studios have units that create original content ranging from the highly successful Crazy Frog, to multiple animated characters, to genres such as Manga, Activism, and X-Sports. The unit is expected to draw from not only top Fox divisions but also News Corp companies around the world.

The new company will immediately become the largest customer for VeriSign’s Digital Content Services (DCS) group, which specialises in providing intelligent infrastructure and connectivity solutions to enable the delivery of rich content over mobile and broadband networks. Mobile operators, portals, media companies and consumer brands around the world leverage the DSC platform to power their interactive entertainment experiences. Fox’s Mobizzo unit and Jamba are existing customers of DCS.

Under the agreement, Jamba will soon release its first products and offerings as a new entity, following the close of the transaction, including:

MySpace Mobile Store: In an alliance with social networking site MySpace with more than 74 million users worldwide, Jamba will be MySpace‘s global m-commerce partner. Jamba will build a unique m-commerce engine to enable MySpace users to download ringtones, graphics and animations from top music and media companies.

The Simpsons Mobile: Coming soon, Jamba will exclusively offer mobile content from the series The Simpsons through the industry’s first subscription package tied to exclusive content called the Yellow Plan. Available to consumers for the first time, the �Yellow Plan� will include an array of uniquely designed Simpsons mobile content, such as wallpapers, screensavers, ringtones and video.

MUMBAI: While new technologies have the risk of copyright violation it is important for the Indian entertainment industry to explore the possibilities offered by new delivery platforms whether it is IPTV, mobile, DTH.

At the same time the rights situation particularly for the film industry needs to be made clearer.

This was one of the points stressed at a panel discussion organised as part of the Confederation of Indian Industries (CII) Legal Workshop this morning. The speakers were Sony head – licensing and telephony Kaushal Modi, Hutchison Essar VP value added services S.P. Narayanan, UTV VP international Ashoka Holla and consultant Raj Tilak. The session was moderated by Tata Teleservices VP value added services Pankaj Sethi.

Modi pointed out that with new distribution platforms emerging the rights situation for the older film titles is not clear. There is more clarity regarding the newer titles but there is more work to be done. Definitions need to be clear like Vod, Pay per view.

Tilak says that the film industry needs to come together and form a common standard that will be adhered to by both buyers and sellers. A common body needs to be set up who will interpret the rights situation in a uniform manner. In the US for instance video on demand is not a right by itself. It is segmented in different platforms. Unfortunately among some Indian filmmakers there is a lack of understanding about the emerging technologies. So perhaps distributors of content need to sit down with content creators and explain to them the different ways in which content can be exploited for the mutual benefit of both parties.

He also suggests a robust system of arbitration be put in place. So any dispute over revenue sharing or who has the rights can be brought before a panel whose word in the matter will be final.

Holla said that content creators compound the situation by sometime abusing the rights of their own property. So sometimes the DVD release date is brought forward and is available before the film has had a decent run in theatres. For UTV which distributes its own films and those of other producers this poses a problem he says. Creators need to respect the different windows of release.

Modi spoke about the need for content owners to experiment with new platforms and modes of distribution. He gave the example of music ringtones which have become very profitable despite the music industry‘s fear of copyright issues in new media.

The situation though requires planning on the part of the content creator and provider says Modi. It is not that there is a simply readymade new media platform that a content owner whether it is film or television can just put his offerings on and then start making money. The platform has to be grown and content has to be tailored. He says that Sony is experimenting with its own content rather than what is aggregated. When it acquires content like formats it is usually for all formats to avoid confusion later on.

Sure some people try to use software to forward ringtones and wallpapers on the mobile but that is small compared to the opportunity that exists. Another area of new media is mobile. Here too there are grey areas. A case in point is SMS updates on cricket news scores. While cricket news is available if it is used by a mobile operator for commercial purposes then a case can be made that there is a copyright issue. Right now a lot of operators offer cricket scores and updates. However the BCCI is wisening up and is looking at the mobile as a huge opportunity.

After all if news channels pay for news clips of cricket matches then why shouldn‘t mobile firms pay for using scores to boost their SMS facility. There is a case going on in the Madras High Court regarding the use of SMS to offer cricket scores. The Formula One body got strict on use of SMS alerts on race status.

Another new media arena that can be looked at as a friend rather than a foe are the community sites like myspace. There are videos uploaded some of which are copyrighted. At the same time content creators can use community sites which attract millions of users as a place to sell their product offerings in the form of paid downloads.

Narayanan dwelt on how compression techynology has helped the mobile become a tool for value added offerings. Now one can download full music tracks. Java and bluetooth has taken mobile gaming to another level. The memory storage in handsets will grow. Therefore mobile games can afford to become more complex and content rich. data connections speeds have grown. So content can be relayde to diffeernt devices.

MUMBAI: AT&T Inc. and MobiTV, Inc., the global leader in television and music services for all things mobile and broadband, have inked an agreement to offer a mobile television service to broadband users in the United States, including AT&T Yahoo High Speed Internet and AT&T WorldNet subscribers.

The browser-based service, which will be called AT&T Broadband TV, will enable subscribers to use a computer to access a wealth of live programming while at home, at work, or on the go using wired and wireless broadband technologies.

Through the deal, AT&T becomes the first U.S. broadband provider to offer a live TV subscription service with MobiTV to consumers through any broadband connection. The service expands upon an earlier agreement that enables AT&T to offer MobiTV to customers who use thousands of AT&T Wi-Fi hot spots, states an official release.

The AT&T Broadband TV service will initially have approximately 20 channels of live and made-for-broadband television content spanning national news, sports, entertainment and full-length music videos from top artists. Among the channels included in the initial channel lineup is Fox News, Bloomberg, Oxygen, History Channel, Comedy Time, Toonworld, Maxx Sports and the Weather Channelm, the release adds.

The industry-leading, browser-based service features desktop integration for easy access, fast channel-changing, full-screen functionality and quality video playback. Subscribers can quickly access AT&T Broadband TV through a hyperlink or desktop shortcut.

Users will have access to a comprehensive channel lineup for a flat monthly subscription of $19.99. And soon, additional television channels will be offered to ensure that AT&T customers have access to the broadest range of entertainment content. The subscription can be used with nearly any broadband connection, at home, work or on the road.

Consumers can test-drive and order the new service at http://att.mobitv.com. The companies will also market the AT&T Broadband TV offering on the AT&T WorldNet portal at www.att.net.

“The AT&T Broadband TV service offers our customers the ability to watch live television programming beyond the TV screen, increasing our capabilities to provide compelling content to consumers who are seeking information and entertainment when, where and on the device they desire,” says AT&T Entertainment Services EVP Scott Helbing. “The deal helps further enhance AT&T‘s broadband service and three-screen initiative by offering differentiated broadband-enabled content that consumers are increasingly demanding.”

“Television is officially available on the PC now and will reach television fans in their home, office, college dorm, at the airport or anywhere they happen to be,” says MobiTV chairman & co-founder Dr. Phillip Alvelda. “MobiTV and AT&T will deliver premium quality content seamlessly across all broadband networks, making entertainment, wireless and technology history.”

Through this agreement, AT&T, the nation‘s largest high speed DSL Internet provider with more than 7.8 million DSL lines in service, will give its customers and other broadband users a new avenue for entertainment and information, enabling them to take control of their viewing options. In addition, the company recently launched AT&T Homezone, a groundbreaking new service that integrates AT&T Yahoo! High Speed Internet, AT&T | DISH Network satellite television and AT&T Home Networking services via a single device.

The new AT&T Homezone service provides Internet-based video with satellite TV programming in a seamless in-home experience, giving consumers a powerful new way to extend the best of the Internet beyond the desktop to bring entertainment content to their TV screens and stereos. It features digital videorecording, movies on demand, photo- and music-sharing, storage for both, and it whets the anytime/anywhere generation‘s appetite with remote, Web-based access to the system.

MUMBAI: Zee Network has won two awards for technology supremacy. The CIO 100 Award for 2006 is in recognition of Zee’s innovative use of technology in its Digital Asset Management system. The ‘EMC Storage Giant of Year 2006‘ has been awarded as Zee Network has a massive data archive of digitized video AND other media content of well over 1000 terabytes. This award is given to FIVE companies in India by EMC for integrating and having large data storage, states an official release.

Zee Network VP Business Technology Ishwar Jha said, �Our technology initiatives have been focused on making our Network future ready, employing the best technology across operations. With our digitized content archive, we will be able to easily offer viewers our innovative programmes through multiple channels of distribution. Our innovations have helped us demonstrate technological excellence in deploying solutions to deliver optimum value to our consumers.�

The CIO 100 event has been running in the US for 17 years now. The CIO Awards are a global phenomenon, with events in Canada, Sweden, Singapore, Vietnam, Hungary and now India, the release adds.

MUMBAI: Tata Sky has signed an agreement with SaharaOne Media Entertainment to distribute Sahara One and Filmy channels on its direct-to-home platform.

The two Sahara channels will be available in Tata Sky‘s existing introductory offer of Rs 200 per month. The offering includes the Star and Sony-Discovery bouquet of channels besides ESPN, Star Sports, Eenadu, Asianet, Aaj Tak and many more.

The service also offers interactive services including Actve Khabar, Actve Newsroom, Actve Star News, Actve Games, Actve Sports and an on-screen guide.

“We are delighted to have SaharaOne and Filmy on Our platform. This propels our initiative of providing Indian audiences with a broader array of entertainment. It will remain our constant endeavour to expand our offering to present our subscribers with the best of digital entertainment services in India,” says Tata Sky CEO and MD Vikram Kaushik.

Adds SaharaOne Media Entertainment CEO Shantonu Aditya, “We are happy to join the Tata Sky DTH platform. We are confident that DTH as the new delivery platform will reach many viewers in the coming months.”

The Sahara channels, however, are out of the Dish TV DTH platform. Though earlier available, it was pulled out because Sahara because of differences over revenue sharing.

“We are in negotiations with Dish TV and will soon be available on the platform,” clarifies Aditya.