BACKGROUND

 The Streaming Video Alliance, Inc. (“Alliance”) intends to conduct its affairs in compliance with the antitrust laws of the United States and, as applicable, the antitrust laws of the states within the United States and the antitrust/competition laws of other countries (generally, “Antitrust Laws”). The Antitrust Laws are intended to preserve and promote free, fair and open competition. This competition benefits consumers and companies that are innovative and efficient.

Certain types of activities conducted by industry participants may be subject to scrutiny under antitrust laws as being anti-competitive and a violation of the Antitrust Laws can have serious consequences for the Alliance and for participating companies. In order to minimize exposure of the Alliance and its members to antitrust liability, the Alliance and each member agrees to abide by the following policy when participating in connection with activities of the Alliance.

As a result of the Alliance’s desire to comply with all Antitrust Laws, it has formally promulgated this Antitrust Policy (the “Antitrust Policy”) to serve as a general summary of legal requirements. All members are required to comply with all Antitrust Laws at all times; and any questions regarding Antitrust Laws or this Antitrust Policy should be directed to the Executive Director of the Alliance. Notwithstanding the foregoing, members shall be required to retain legal counsel to advise them of specific antitrust issues and any communications with the Executive Director are of an informational nature only and not a substitute for such counsel.

POLICY

  1. Neither the Alliance nor its committees and activities shall be used for the purpose of bringing about or attempting to bring about any understanding or agreement, written or oral, formal or informal, express or implied, between and among competitors with regard to their prices, terms or conditions of sale, distribution, volume of production, territories, customers, credit terms or marketing
  2. In connection with participation in the Alliance, there shall be no discussion, communication, agreement or disclosure among members that are actual or potential competitors, regarding their prices, discounts or terms or conditions of sale or licensing of products or services, pricing methods, profits, profit margins or cost data, production plans, market shares, sales territories or markets, allocation of territories or customers, or any limitation on the timing, cost or volume of their research, production or sales.
  3. The Alliance and members, in connection with their participation in the Alliance, shall not attempt to prevent any person from gaining access to any market or customer for goods and services, or attempt to prevent any person from obtaining a supply of goods or services or otherwise purchasing goods or services freely in the market; this paragraph is not intended to preclude the Alliance or a member from disclosing and asserting its intellectual property rights.
  4. The qualifications for membership in the Alliance are set forth in the Governing Documents of the Alliance. No applicant for membership, who otherwise meets the qualifications set forth therein, shall be rejected for any anti-competitive purpose or for the purpose of denying such applicant the benefits of
  5. Each participant in the Alliance is obligated and expected to exercise its independent business judgment in pricing its services or products, dealing with its customers and suppliers, and choosing the markets in which it will
  6. To the extent that the Alliance develops, administers or approves guidelines, standards, specifications, test procedures, or certification programs, including without limitation the Streaming Framework, a member’s decision to accept or comply to or participate therein shall be voluntary, and shall in no way be compelled or coerced by the Alliance. Adherence to deliverables or implementations shall be voluntary on the part of the members of the Alliance. This Antitrust Policy shall not, however, prevent the Alliance from adopting testing and certification programs and/or verifiable product compliance and robustness regimes for companies choosing to implement the specifications as well as logo and trademark usage requirements tied to adherence with the Alliance’s guidelines, standards, specifications, test procedures or certification
  7. Deliverables and sample implementations which may be developed, administered, approved, or adopted by the Alliance, shall be based upon appropriate technical, business and consumer considerations, and shall not be based upon any effort or purpose to reduce or eliminate competition in the sale, supply and furnishing of products and
  8. The Alliance may condition use of its trademark(s), and other intellectual property, on compliance with terms and conditions developed to regulate the use of and to protect such mark, and otherwise to maintain and administer a compliance certification program in accordance with agreed terms and conditions and in conformity with the antitrust laws. Such terms and conditions may include a requirement of adherence with the Alliance’s guidelines, standards, specifications, test procedures or certification The Alliance also reserves the right to take appropriate action against any person or entity which engages in false or misleading advertising regarding the use of or compliance with guidelines, standards, specifications, or test procedures of the Alliance or with the Alliance’s certification program.
  9. During the course of the activities of or sponsored by the Alliance, members should refrain from disclosing information to any other member that is not reasonably related to the legitimate purposes of such
  10. The Alliance and its members, in connection with their participation in the Alliance, shall not enter into any agreement or understanding among themselves to refrain, or to encourage others to refrain, from purchasing any raw materials, product, equipment, services or other supplies from any supplier or vendor or from dealing with any supplier or
  11. Nothing in the Alliance’s Bylaws, IP Policy or other document or policy shall be construed as restricting the right of any member or participant of the Alliance to independently design, develop, acquire, manufacture, market or service or otherwise deal in, directly or indirectly, competitive products or services independent of any items developed or delivered by members, participants or the
  12. The Alliance and each member, in connection with the activities of the Alliance, shall use their best reasonable efforts to comply in all respects with the Antitrust
  13. This Antitrust Policy is conservative and intended to promote compliance with the Antitrust Laws, not to create duties or obligations beyond what the Antitrust Laws actually require. In the event of inconsistency between this Antitrust Policy and the Antitrust Laws, the Antitrust Laws shall control.
  14. This Antitrust Policy shall be promulgated to all members in the All members shall abide by this Antitrust Policy.

You can download a copy of this policy from our Governing Documents page.