Feeds

US court liberates Cablevision 'remote DVR'

No hard drive? No problem

The essential guide to IT transformation

A US appeals court has given the thumbs up to Cablevision's new-age DVR, which stores recorded shows on remote servers rather than in-home hard drives.

Reversing an earlier decision from a lower court, the 2nd US Circuit Court of Appeals in Manhattan ruled that despite the remote-server setup of Cablevision's RS-DVR, end users would still be the ones making copies of any copyrighted material.

"Cablevision would not directly infringe plaintiffs' under the Copyright Act by offering its RS-DVR system to consumers," the ruling reads. And yes, the plaintiffs are a who's who of the Hollywood old guard, including movie studios Twentieth Century Fox, Universal Studios, Paramount Pictures and Disney and TV broadcasters ABC, CBS and NBC.

In backing Cablevision's "remote-storage DVR," the court concluded that the system is not unlike a VCR. And we know all know that VCRs are backed by the Supreme Court's 1984 Sony Betamax ruling.

"The person who actually presses the button to make the recording supplies the necessary element of volition, not the person who manufactures, maintains, or, if distinct from the operator, owns the machine," the ruling continues.

The plaintiffs also argued that when shows are replayed, the Cablevision is "engaging in unauthorized public performances" of their copyrighted works. But the court buried this argument too. "Because each RS-DVR playback transmission is made to a single subscriber, we conclude that such transmissions are not performances 'to the public,' and therefore do not infringe any exclusive right to public performance."

Speaking with the Associated Press, "a senior cable analyst" said that the court's decision "sent shock waves to every corner of the media landscape." He also said that the decision would expand the reach of digital video recorder technology from 25 per cent of all US homes to 50 per cent.

He's an analyst, so take everything he says with a grain of salt. But Cablevision's next-gen DVR would be significantly cheaper - and easier to deploy. ®

5 things you didn’t know about cloud backup

More from The Register

next story
True fact: 1 in 4 Brits are now TERRORISTS
YouGov poll reveals terrible truth about the enemy within
Microsoft exits climate denier lobby group
ALEC will have to do without Redmond, it seems
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
Barnes & Noble: Swallow a Samsung Nook tablet, please ... pretty please
Novelslab finally on sale with ($199 - $20) price tag
Ballmer leaves Microsoft board to spend more time with his b-balls
From Clippy to Clippers: Hi, I see you're running an NBA team now ...
Video of US journalist 'beheading' pulled from social media
Yanked footage featured British-accented attacker and US journo James Foley
Assange™: Hey world, I'M STILL HERE, ignore that Snowden guy
Press conference: ME ME ME ME ME ME ME (cont'd pg 94)
Call of Duty daddy considers launching own movie studio
Activision Blizzard might like quality control of a CoD film
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
7 Elements of Radically Simple OS Migration
Avoid the typical headaches of OS migration during your next project by learning about 7 elements of radically simple OS migration.
BYOD's dark side: Data protection
An endpoint data protection solution that adds value to the user and the organization so it can protect itself from data loss as well as leverage corporate data.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?