Amici Brief

Amicus Memorandum to Southern District of New York US District Court re: ivi

10 Civ. 07415-NRB
  • By Public Knowledge
February 2, 2011 |

Amici Public Knowledge, Electronic Frontier Foundation, Media Access Project, and Open Technology Initiative (a project of the New America Foundation) are public interest organizations concerned with maintaining an open, competitive, and diverse communications infrastructure. As the market for commercial video distribution becomes increasingly consolidated, both horizontally and vertically, the wide variety of online video distributors (OVDs) are rapidly becoming one of the preeminent forces for competition in the marketplace, with the potential to lower consumer costs, spur technological innovation, and even promote the deployment of high-speed Internet access to communities it currently does not reach. However, OVDs must be allowed to operate and innovate in this space if their promise is to be fulfilled. Issuing a temporary restraining order or preliminary injunction against ivi would frustrate this potential by effectively shutting down ivi’s business. In the meantime, the competitive benefits of this OVD’s continued operation would be absent from the market, while the harms Plaintiffs allege from ivi would persist regardless. Given the circumstances, amici respectfully ask that the Court not enjoin ivi’s operations pending a full decision on the merits.

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