[opendtv] Re: News: Supreme Court Allows Wider DVR Use

  • From: Tom Barry <trbarry@xxxxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Wed, 01 Jul 2009 08:18:51 -0400

Craig Birkmaier wrote:
> At 12:01 PM -0400 6/30/09, Manfredi, Albert E wrote:
>> Craig Birkmaier posted:
>>
>> http://www.nytimes.com/2009/06/30/technology/30cable.html?th&emc=th
>>
>>>  Supreme Court Allows Wider DVR Use
>>
>> To be more precise, this is only about the MVPD-embedded DVR, not
>> privately owned PVRs.
>>
>> Well, so this embedded and by-subscription-only DVR function could be
>> the "value added" that broadband providers of the future can offer, when
>> all of the TV channels will be available on the web.
>
> The decision came as a surprise to me because it reverses earlier
> court decisions regarding fair use - i.e. only the consumer has the
> right to record a program for later viewing. Prior to this ruling
> attempts to offer a service that sits between the content owner and
> consumer was viewed as a copyright violation, especially if there was
> a fee for this service. In essence, the intermediary is profiting from
> the content.
>
> Who needs a network that delivers content in specific time slots, if
> all programs are available on demand?
>
> Oh wait, that's what the Internet is doing...
>
> Perhaps this was the rational behind the decision, or it may be that
> the consumer must decide what programs are recorded on the remote
> server, in which case it is only a question of where the physical disk
> is located - set-top or head-end.
>
> Regards
> Craig
>
It was a surprise to me too and I suspect we have not yet heard the last
of it.  They still have to establish various rules such as those you
suggested above.   Maybe those rules will be negotiated in contracts
with the content owners or maybe there will be more lawsuits to
establish them.  But I doubt the cablcos will be able to store an
unlimited supply of movies for a customer for an unlimited period of time.

And someone will probably attempt to record for one customer and show it
to another.   This would set off another squabble.

- Tom


 
 
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