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Not Just Netflix: Google Challenges Canada's Power To Regulate Online Video

Posted by samzenpus on from the you're-not-the-boss-of-me dept.

An anonymous reader writes Yesterday's report on the regulatory battle between Netflix and Canada's broadcast regulator has now grown as Google has jumped into the fight. Faced with similar demands from the CRTC, Google has refused to provide it with requested information, arguing that it is not part of the Canadian broadcast system and not subject to CRTC regulation. "The Google position is notable because it is presumably not based on the question of presence within Canada, since Google maintains a significant Canadian presence. Rather, the core challenge will likely focus on whether a service such as Youtube (which once went by the slogan “Broadcast Yourself”) can properly be characterized as broadcasting for the purposes of current Canadian law."

2 of 109 comments (clear)

  1. Broadcast rights by Imagix · · Score: 1, Interesting

    If this is successfully argued, could it then be argued that there is no reason why there are any country restrictions on streaming any sort of media since it isn't "broadcasting"?

    1. Re:Broadcast rights by vux984 · · Score: 5, Interesting

      If this is successfully argued, could it then be argued that there is no reason why there are any country restrictions on streaming any sort of media since it isn't "broadcasting"?

      This fixation on whether or not its 'broadcasting' is just a distraction. If the governments wants to regulate streaming video it will just revise the legislation granting the regulatory body authority over streaming video within the country.

      Then what's Netflix/Google going to do?

      Think about it. If netflix gets a pass, then Bell/Telus/Shaw just have to switch from a 'broadcast model' to a 'streaming model' and then they too will be exempt from Canadian Content rules. And they are on the verge of launching their own streaming services as we speak ... hell they all 3 already offer video on demand libraries.

      The result is that eventually nobody will "broadcast" anything, and the canadian content rules will be mooted.

      The end game is either

      a) that the CRTC will be granted regulatory oversight on streaming video providers operating in Canada to enforce Canadian content guidelines in some fashion on all operators.

      or

      b) that the rules on Canadian content will be repealed entirely on all forms of video distribution.

      Dithering about whether or not streaming is a form of broadcasting for the purposes of canadian content rules is just splitting hairs, and is lawyering for the sake of lawyering. If netflix "wins" then Canada can just change the CRTC mandate at the stroke of a pen to include them anyway.

      The only argument worth having is within Canada with Canadians to decide whether Canadian content rules are desirable or not. If they are, then apply them to streaming service operators. If they are not, then get rid of them.

      Its that simple.