128 Unauthorized fixation of cable transmissions is similar to unauthorized fixation of free-to-air broadcasts, except that the materials subject to fixation in cablecasting are cable-originated or distributed transmissions.
Unauthorized Post-Fixation Use
129 In contrast to broadcasting, cable is typically part of the pay-TV industry. Unauthorized uses of transmissions here are mainly individual connections and unauthorized ‘real time’ retransmissions, or the result of satellite overspill. However, unauthorized post-fixation uses of cable transmissions also occur in the form of unauthorized distribution and reproduction of fixations of transmissions via cable and satellite, as well as retransmissions following fixations in the form of P2P streaming. Cable and satellite broadcasters are potentially harmed by the commercial sale to the public of unauthorized videocassette or DVD copies of their programs and the distribution of copies of broadcast programs via Internet auction sites.
130 In Asia, after pay-TV cable (and broadcast) signals are taken by unauthorized means (i.e., hacked set-top boxes or ‘overspill’ boxes from neighboring countries), they are replicated and sold to hundreds or thousands of consumers without the consent of either the broadcasters or the content owners.26
