Intellectual Property Law

Keep your eyes on the recently-filed Cablevision copyright litigation pitting several movie studios and the three big television networks against the cable television provider?s efforts to roll out new digital video recorder technology.  The case looks like it could address key questions about the legal limitations upon emerging technologies designed to let consumers time-shift and space-shift digital content.

The lawsuit, filed in the U.S. District Court in Manhattan by Fox, NBC Universal, CBS Paramount Pictures, and Disney, alleges that Cablevisions new ?Network DVR? service violates copyright law.  Cablevision?s ?Network DVR? service is designed to allow customers to choose to record specific TV shows to Cablevision?s back-end storage devices, and then to stream those shows to the customer?s cable set top box at a time of their choosing.  The service thus replicates the functionality of separate DVR boxes (such as the well-known TiVo®) installed by customers inside their homes, but allows the cable provider a higher profit margin because they can sell cheaper set top boxes that do not require hard drive storage capacity.

The networks and movie studios contend that Cablevision?s remote DVR service is actually a video-upon-demand service, in which Cablevision would be copying and redistributing programs without paying the usual royalties.  Cablevision responds that the technology should not be treated any differently legally, because the service does not record any shows until the customer actually pushes a button to trigger the recording process, and provides no new benefits to the customer beyond the time-shifting capabilities of today?s set-top DVRs. 

You can be sure the other major cable companies are watching this lawsuit with interest as they are interested in rolling out similar technology if Cablevision?s approach withstands the legal assault.  How do you think copyright law should be applied to this type of centralized DVR service?

Today's Blogger: Eric Bass