Keshet 12 informed the court that the mediation process between HOT and Keshet, which took place last month before the mediator, retired judge Asher Grunis, did not lead to an agreement between the parties. During the mediation period and according to the court's decision, HOT paid Keshet for its content on the Next platform in accordance with an agreement between the parties that recently expired. Now, after the month of mediation, the decision on Keshet's application for an injunction against HOT is back for the court's decision. Keshet is represented in the proceeding by Advocates Moti Arad and Amir Wang of Goldfarb Gross Seligman & Co.
The background to the dispute between Keshet and HOT is that on April 13, the agreement on the use of Keshet content on Hot Next ended, and since then, according to Keshet, Hot has made illegal use of Keshet content on the platform – including deferred viewing services (start over, catch up and VOD) without a proper license – a use that violates the law.
Hot and bow(photo: image processing, screenshot)
The commercial channels provide the multichannel platforms with deferred viewing services under commercial licenses, as partial compensation for the loss of the channels' ad revenue, due to the possibility of skipping advertisements in deferred viewing. The possibility of skipping the advertisements significantly harms the economic model of the commercial channels, so they sell the licenses to other players in the market. Keshet has commercial agreements with all other platforms - Yes, Cellcom and Partner, which include paid licenses for deferred viewing services.
Keshet said in response: "We regret that HOT is only taking time to circumvent the law and avoid paying for the content it broadcasts. HOT directly infringes Israeli content and Israeli and international copyrights. HOT's violations are particularly serious as it is a content entity that has been leading the fight against pirated sites on the Internet for years, including filing requests for injunctions against them - and now infringes copyright as the last pirate on the web. We trust the court to bring HOT's ongoing law-breaking saga to an end."
- Berenger
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