Qualitative Study On IPTV Time-limited Playback Behavior In Triple Play Environment

Under the background of "Triple Play",IPTV and other business models utilizing emerging broadcasting technologies emerge at the historic moment.At the same time,there are infringement litigation about the function of IPTV time-limited playback service,which seriously affect the healthy development of IPTV industry.In these cases,the focus of controversy is mostly on the determination of the legal nature of IPTV time-limited playback service,and it has become an important link in IPTV copyright infringement litigation.Many courts only consider legal factors while ignoring the influence of other factors on the nature of IPTV time-limited playback.Starting with relevant typical cases,this paper summarizes the views of different courts and academia on the character of IPTV time-limited playback service.On this basis,in order to demonstrate that time-limited playback of IPTV belongs to the adjustment scope of broadcasting right,this paper starts from four dimensions: technical principle of playback service realization,relevant provisions of copyright law,industrial policy of IPTV business and value orientation.Firstly,the operating principle of IPTV playback service is restored from the technical level.In addition to the IPTV playback technology itself,the TV-on-demand service based on different technologies is also analyzed vertically,and the technical characteristics of different playback services at home and abroad are analyzed horizontally,so as to conclude the uniqueness and architecture of IPTV time-limited playback service in China.Secondly,from the perspective of the connotation of Broadcasting Right and Network Transmission Right,combining the legal characteristics of the two rights,the conclusion is drawn that the time-limited replay behavior is different from the general information network transmission behavior and has the characteristics of broadcast behavior.Present situation and the development of radio and television industry predicament is the basis of IPTV industry policy.At present China has issued relevant policies,IPTV will be classified as a radio and television new forms,the legal regulating of the broadcasting and television industry,accordingly will timed playback service determined by broadcasting rights to adjust the existence rationality.Finally,value orientation is measured from legislative and judicial levels.In legislation,we should change the legislative path of technism,and not consider IPTV time-limited playback service to be adjusted by the right of network transmission because it is similar to the behavior of network transmission in technology.In judicature,we should follow the guidance of judicature policy and follow the judicature value guidance of "great development and prosperity of culture".In addition,the determination of the behavior nature of IPTV time-limited replay cannot ignore the requirement of the principle of balance of interests.