In response to the lawsuit made by Claro Brazil in Anatel, where it expressed that Fox + – under the name ‘Interactive Sport Plus’ violates the Conditional Access Law (Seac), Fox sent a document in defense of its OTT platform to the National Telecommunications Agency (Anatel).
Document presented by the programmer states that the internet services provision, unlike telecommunications, does not imply a passive subscriber, who receives distributed content. ‘These offers, on the contrary, are operated by the internet user from the telecommunications service hired by him’, says Fox.
According to Fox, Seac’s Law modification to declare illegal all offers available on the internet that allow paid access to audiovisual content organized in sequential format, should be sent to the Anatel’s Board of Directors. Fox argues that, if those offers are declared illegal, many of them would be removed when they stimulate competition and offer competitive pressure in a highly concentrated market. Anatel, this way, would be acting against the entire business model, and would restrict free internet surfing, which means a Constitutional violation, according to the programmer. With the argument presented, Fox requests Claro to file the lawsuit presented against it.