Cablevision’s Remote DVR Gains Support from AT&T, Verizon

Cablevision is appealing a March ruling that its Remote-Storage Digital Video Recorder would infringe the copyrights of film studios and television networks.  The Remote DVR service would allow users to record programming on Cablevision’s data servers, reducing costs for cable operators who would no longer have to install new DVR boxes in subscriber homes.

Several trade bodies and lobby groups, including USTelecom, which represents AT&T Inc. and Verizon Communications Inc., the Consumer Electronics Association and the Electronic Frontier Foundation (EFF) jointly filed a legal brief in support of Cablevision’s appeal against the ruling.  The joint argues that remote and network-based computing benefit the public by promoting efficiency and economic growth.  Another brief field in support of Cablevision argues that copyright law should not discriminate between functionally equivalent technologies and that the district court’s opinion eliminates important protections for socially valuable service with lawful uses.

The network DVR model poses significant challenges to media companies and TV networks, whose licensing models distinguish between on-demand content services and linear carriage agreements.  While consumer electronics companies are legally permitted to sell VCR’s, DVR’s and other devices that allow consumers to play back pre-recorded programs, time-shift broadcast TV programming and other ‘fair uses’; copyright law prevents cable operators from commercializing on-demand content delivery via network DVR services without first obtaining on-demand content delivery rights from content owners.