Georgian National Communication Commission is going to substantially consider the appeal submitted by Magti against Silknet and Caucasus. The case questions the legality of so called stop and rewinding functions carried out by Silknet and Caucasus, which Magti has demanded the Commission to investigate. The cable company VII Channel, which as well submitted a complaint of similar kind to the Commission, joined the case as a third party.
Magti believes that Silknet and Caucasus violate the legislation on copyright and neighboring rights, as a broadcaster itself has the right to decide on the time of program launching, so that the programs are available for the viewers at a time and place selected by it. According to the statement made by Magti, they had examined the contracts negotiated with broadcasters, and concluded that broadcasters themselves prohibit pausing and rewinding, as they allow transit companies only to carry out broadcasting in an unchanged form. This fact makes Magti believe that its own company Magtisat is, thus, put in unequal competitive environment.
Therefore, Magti demands that Silknet and Caucasus are prohibited to provide the service of pausing and rewinding to the viewers, and if they want to proceed with the service, they must first obtain the necessary permission for that matter.
At the preparatory session held by Commission on June 5, Magti stated that the dispute which it and VII Channel had with Silknet and Caucasus must be given substantial consideration, as the regulation of the authorized persons is the competence of the Commission.
Representatives of Silknet and Caucasus Online do not share the viewpoint of Magti, as they believe that it is not within the field of the Commission’s competence to go into technical details and check whether VOD(video on demand) or Timeshifting options are used during the broadcasting transit carried out through IPTV technology.
According to the decision of the Commission, the substantial consideration of the case is scheduled for June 11, 16:00.