(a) webcasting definition
(a) webcasting means the transmission by wire or wireless means over a computer network for the reception by the public, of sounds or of images or of images and sounds or of the representations thereof, by means of a program-carrying signal which is accessible for members of the public at substantially the same time. Such transmissions, when encrypted, shall be considered as ‘webcasting’ where the means for decrypting are provided to the public by the webcasting organization or with its consent.” Comment 2.01 states that, “the operative term is 'transmission' but qualified as an act taking place “by means of a program-carrying signal accessible for members of the public”. This qualification implies the modicum of interactivity in today’s technological environment that is necessary to access the streaming of a program-carrying signal. It is the receiver who activates or instigates the transmission over a telecommunications path. The elements ‘for members of the public' and ‘at substantially the same time' serve to limit the definition to accessibility of real-time streaming that may be received by several receivers at the same time. The receiver may log in to the program flow at a given point of time and receive what follows but cannot influence the program flow otherwise. The definition confines the making accessible of program-carrying signals to such activity over computer networks, which by nature may take place by wire or wireless means.”