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SINGAPORE: Singapore's largest broadcaster, MediaCorp, has a community role to play, so any service that affects licensing fees will mean a bigger burden on taxpayers.
The point was made by the defendants on Tuesday - the second day of the trial between RecordTV and MediaCorp - in a case that has placed web-based recording services under the spotlight.
The Internet start-up is suing MediaCorp for millions of dollars for "groundless threats" of copyright infringement.
MediaCorp, in turn, claims RecordTV is infringing the copyright in its programmes and broadcasts by allowing users to record programmes shown on Channel 5, 8 and Channel NewsAsia.
MediaCorp, represented by Senior Counsel Davinder Singh, also alleges that by providing a virtual video recording service, RecordTV "seeks to profit from taxpayers' money".
Mr Singh pointed out on Tuesday that with RecordTV, people could watch free-to-air programmes on their computers, without the need for TV sets. This meant that viewers would no longer need to pay for TV licences.
He added that MediaCorp produces shows that serve a national purpose and TV licensing fees help to produce such programmes. If licensing revenue falls, Mr Singh said taxpayers would have to "share a higher burden" for MediaCorp to produce such shows.
It was also revealed in court that RecordTV's CEO, Carlos Fernandes, had altered the company's recording system during the course of the lawsuit, allegedly to avoid copyright infringement.
Mr Singh alleged that RecordTV had knowingly omitted this change in its affidavit thereby "pulling the wool over the court's eyes". He said: "You had infringed copyright; that is why you quietly changed the system in an attempt to overcome that."
One issue at hand is the question of who makes copies of MediaCorp's TV programmes. RecordTV asserted that the copies of film were made by the users.
At the end of Monday's hearing, the court had ordered Mr Fernandes to produce copies of his patent applications that he had filed for the Internet recording service.
In cross-examination, Mr Singh said Mr Fernandes had in fact "pilfered somebody else's idea". "You packaged it as your own and tried to get worldwide protection for it," he said.
It was alleged that the technology for the recording service had come from RecordTV USA, whose assets had been bought over.
It also emerged in court that Mr Fernandes was aware that RecordTV USA was embroiled in its own lawsuit with several US broadcasters, including Disney and MGM.
Mr Fernandes admitted that he knew of the copyright issue in the US and had not wanted to run into the same problem in Singapore.
The trial continues on Wednesday.
- CNA/so
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