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Brightcove secures a patent

May 10, 2011

The US Patent and Trademark Office (PTO) has granted online video platform Brightcove a patent covering, at its core, the distribution, presentation, and securing of online video. Patent 7,925,973, initially filed for in August 2005, confers uniqueness upon three principal claims.
First, Brightcove claims ownership of a presentation architecture, which allows content providers to define, independent of any media asset, the user-interface (UI) within which the media is embedded. Brightcove also claims ownership over a method for storing rights and permissions on a networked server, which can be accessed by any presentation device, and where receipt of the appropriate rights must precede a session initiated by the user. Finally, the firm claims a method for distributing media through a variety of means, be it via a web browser, connected TV set, email or SMS.
The patent also covers player customisation, affiliate syndication, advertising policies and analytics.

The patent essentially covers all the basic features of a professional online video platform. The relatively generic scope of Brightcove's patent is not a valid argument for dismissing its significance. Indeed, the case of Tivo - which holds a generic patent for dual-tuner STB architectures - leaps to mind, given the firm's recent settlement with Dish Network and Echostar. Though the result of a protracted legal battle, Tivo will receive $500m, and the firm is currently involved in litigation with AT&T, Verizon, Microsoft, and Motorola.

Having received its patent, should Brightcove choose to claim infringement of its IPR, and should Brightcove succeed in establishing meaningful legal precedent, the implications are potentially wide reaching.

Most immediately, the patent affects Brightcove's competitors in the online video platform services, such as Ooyala and Kit Digital. Online platforms developed in-house, such as those of broadcasters (e.g. ITV), are also potentially within the patent's remit.
For the emerging multiscreen segment, Brightcove's IPR touches upon the prevailing methods used by DRM schemes to secure content, and upon the server-based approaches employed by pay-TV operators to maintain a UI across connectable CE devices. The potential to subject these methods to legal scrutiny - and monetary penalty - may in some instances serve as a barrier to the broadest possible adoption of multiscreen services.

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