[opendtv] Re: Cablevision to appeal network DVR ruling

  • From: "Bob Miller" <robmxa@xxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Fri, 30 Mar 2007 11:15:31 -0400

Here is the article about the Canadian guy who was using MythTV.

http://www.pbs.org/cringely/pulpit/2004/pulpit_20040930_000460.html

"At this point, intellectual property lawyers are supposed to start
reaching for their telephones to call Canada, but it won't do any good
because all this content is perfectly legal and here's how. With the
exception of local channels, which come from an antenna, all of
Andrew's video content comes from a C-band (big dish) satellite
receiver (receivers, actually), and is fully paid for. "I buy the
channels just like a cable system does or a motel that wants to offer
HBO, from the National Programming Service," says Andrew. "And as a
result I pay wholesale prices. People don't realize how much of a
markup there in is the cable business. The Discovery Networks, for
example, cost me $0.26 per customer per month. The IP laws in both the
U.S. and Canada say that if I have legal access to this content I can
store and use it. And the over-the-air channels, of course, are
free.""

Bob Miller

On 3/27/07, Tom Barry <trbarry@xxxxxxxxxxx> wrote:
To me it seems exactly like retrans consent and is either allowed by the
contract, forbidden, or still ambiguous.  Though it may be somewhat
ambiguous in the case of a broadcaster forcing must-carry.  If anybody
cared in those cases I think as a cable company I'd take the position I
was granted the shifting rights.

- Tom

Dale Kelly wrote:
> Craig wrote:
>
>>But this requires that the cable company
>>obtain the rights to the content and share the revenues generated.
>
>
> sort of like retransmission consent.....?
> Dale
>
>
>>-----Original Message-----
>>From: opendtv-bounce@xxxxxxxxxxxxx
>>[mailto:opendtv-bounce@xxxxxxxxxxxxx]On Behalf Of Craig Birkmaier
>>Sent: Monday, March 26, 2007 10:16 AM
>>To: opendtv@xxxxxxxxxxxxx
>>Subject: [opendtv] Re: Cablevision to appeal network DVR ruling
>>
>>
>>At 11:20 AM -0400 3/26/07, Manfredi, Albert E wrote:
>>
>>>I suppose this ruling makes it even more desirable to incorporate
>>>digital receivers in recording devices available to consumers. And
>>>again, what they call "remote-storage DVR" in this piece is actually a
>>>device inside the cable network, not on consumer premises.
>>>
>>
>>This decision was expected. I have been writing about this for years.
>>The Fair Use legislation and rulings apply only to the consumer, not
>>a middleman trying to make a buck leveraging the  content owned by
>>others.
>>
>>That being said, on demand viewing of copyrighted content is a huge
>>growing business for cable. But this requires that the cable company
>>obtain the rights to the content and share the revenues generated.
>>
>>Regards
>>Craig
>>
>>
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>
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--
Tom Barry                  trbarry@xxxxxxxxxxx



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