Light Reading
All systems are go for Cablevision's 'remote-storage' DVR after US High Court passes on hearing an appeal led by networks and studios

Supremes Stand Clear of RS-DVR Case

Jeff Baumgartner
LR Cable News Analysis
Jeff Baumgartner
6/29/2009
50%
50%

Cablevision Systems Corp. (NYSE: CVC)'s controversial and ambitious RS-DVR was cleared for takeoff today when the U.S. Supreme Court declined to hear an appeal from studios and networks that were trying to delay or stop the new service over copyright concerns.

Last month, the U.S. Department of Justice suggested that the Supreme Court keep its nose out of the case, arguing that it doesn't deserve the court's attention and that Cablevision's RS-DVR offers essentially the same functionality as a home-side VCR or digital video recorder. The Supreme Court asked the DoJ to weigh in on the RS-DVR matter in January. (See DoJ: Butt Out of Cablevision RS-DVR Case .)

Cablevision has long held that the same copyright rules governing VHS and DVR machines (via the 1984 "Sony Betamax" case) should also apply to the MSO's cloud-based approach. The RS-DVR requires customers to make their own recording requests and that the system writes individual copies of those recordings. For example, if 10,000 customers place a recording request for tonight's episode of The Bachelorette on ABC, the RS-DVR system will create 10,000 discrete copies for individual playback. [Ed. note: Then, I'm guessing, the system would vomit uncontrollably.]

Programmers and studios, including ABC, NBC Universal, and Paramount Pictures, filed a complaint in May 2006, claiming that the RS-DVR would infringe on their copyrights and wreak havoc on the TV ad model. Although a court originally ruled in favor of that position, the U.S. Court of Appeals for the Second Circuit reversed that lower court ruling in August 2008, holding that the RS-DVR, as designed, does not directly infringe copyright rules. (See Court Resurrects Cablevision's Network DVR , Inside Cablevision's 'RS-DVR' , and Net DVR Still Appealing for Cablevision.)

Summer launch a go
Cablevision recently revealed intentions to deploy the RS-DVR service sometime this summer. However, the MSO has yet to finalize a debut date or to set a price on the service, which will be capable of running on any of Cablevision's digital boxes. (See Summer Debut for Cablevision Network DVR.)

"This is a tremendous victory, and it opens up the possibility of offering a DVR experience to all of our digital customers," Cablevision COO Tom Rutledge said in a prepared statement. "At the same time, we are mindful of the potential implications for ad skipping and the concerns this has raised in the programming community," he added.

Rutledge said there are ways to make this model work for programmers, but didn't go into detail. Sources have told Cable Digital News that Cablevision may attempt to obtain licenses for the most popular content so that a single copy could be streamed to multiple subscribers. That scenario would help the MSO avoid placing too much stress on the RS-DVR's video ingest function, considered to be the system's Achilles' heel by some engineers. (See Cablevision Girds for Remote DVRs.)

More RS-DVRs on the way?
Now that Cablevision's RS-DVR appears to have cleared its final legal hurdle, other MSOs may give the concept a much closer look.

Time Warner Cable Inc. (NYSE: TWC) has already indicated that it was keeping a close eye on the Cablevision RS-DVR proceedings and might consider something similar. TWC has championed "Start Over," a quasi-network DVR that allows customers to restart some shows that are already in progress. The caveat is that the MSO has obtained permission for all the Start Over-enabled programs. To preserve the ad model, the fast-forward function is disabled for any programs viewed in Start Over mode.

"The engineering attraction of the network DVR is clear," TWC president and CEO Glenn Britt said last August during the company's second-quarter earnings call. "What isn't clear is the law." (See Time Warner Cable Eyeing Network DVR Case .)

— Jeff Baumgartner, Site Editor, Cable Digital News

(5)  | 
Comment  | 
Print  | 
Newest First  |  Oldest First  |  Threaded View
DCITDave
50%
50%
DCITDave,
User Rank: Light Beer
12/5/2012 | 4:01:45 PM
re: Supremes Stand Clear of RS-DVR Case


I wonder if telcos will add something like MSFT's Mediaroom Anytime feature as a competitive response.


http://www.lightreading.com/document.asp?doc_id=170029


"... a new feature, called Mediaroom Anytime, will allow TV viewers to go back in time and watch programs that have already aired, even if those programs weren't scheduled to be recorded on the consumer's DVR."

zbalint
50%
50%
zbalint,
User Rank: Light Beer
12/5/2012 | 4:01:44 PM
re: Supremes Stand Clear of RS-DVR Case


On Editors note: [[Ed. note: Then, I'm guessing, the system would vomit uncontrollably.]


 


Does the ruling specify when individual copies need to be made? If not, then replication can be done at best as a background process, and at worst only when the subscriber actually requests the copy.


Vomiting is the job of engineers, upon receiving the requirement specification.


 

Jeff Baumgartner
50%
50%
Jeff Baumgartner,
User Rank: Light Beer
12/5/2012 | 4:01:43 PM
re: Supremes Stand Clear of RS-DVR Case


The RS-DVR system that the ruling allows for writes all the individual copies when the live show airs so it comes pretty close the the rules already governing local VHS machines and DVRs.


Back when this thing was still in court, Cablevision explained in a filing how the system works.


 


 

DCITDave
50%
50%
DCITDave,
User Rank: Light Beer
12/5/2012 | 4:01:43 PM
re: Supremes Stand Clear of RS-DVR Case


I don't know. I suspect making one copy per user was a way of replicating what's going on in the home at the network level, therefore making the "this is just like TiVo" argument apply.


The vomit comment was more related to the content than the system stress.

rjmcmahon
50%
50%
rjmcmahon,
User Rank: Light Beer
12/5/2012 | 4:01:38 PM
re: Supremes Stand Clear of RS-DVR Case


It would be interesting to me for a lawyer with copyright expertise to compare this case with that of mp3.com.  Seems very similar and makes me wonder if these uses are eventually only to be resolved by the U.S. Supreme Court?

Educational Resources
sponsor supplied content
Educational Resources Archive
Flash Poll
From The Founder
It's clear to me that the communications industry is divided into two types of people, and only one is living in the real world.
LRTV Interviews
The New Wave of IP + Optical Integration

11|21|14   |   04:29   |   (7) comments


At the Alcatel-Lucent Technology Symposium, Heavy Reading senior analyst Sterling Perrin talks about how SDN has reshaped the discussion around packet and optical integration.
LRTV Huawei Video Resource Center
Huawei Highlights at BBWF 2014

11|20|14   |   3:40   |   (1) comment


Broadband World Forum is one of the world's largest telecoms, media and technology events with over 7,800 senior executives from across the globe converging on Amsterdam every year to identify the Next Big Thing. BBWF is an exciting place to meet the entire industry under one roof and identify the latest in network innovation, service optimization and customer ...
LRTV Huawei Video Resource Center
How Will BCMS Stimulate Margin for Broadband Operators?

11|19|14   |   6:52   |   (0) comments


In BBWF 2014, Liu Shuqing emphasizes the value of FMC 2.0 based full service experience by throwing light on the BCMS solution. The underlying principle of this innovative technique is to create network robustness and driving network from connection oriented to ACE – BAND oriented infrastructure, in which applications, cloud, and user experiences will be an asset ...
LRTV Huawei Video Resource Center
SingleFAN3.0: Better Connected Experience

11|19|14   |   3:06   |   (1) comment


At the BBWF 2014, David Hu, the VP of Huawei Access Network Product Line, talked about the future of access networks – SingleFAN3.0: faster broadband, wider coverage, and smarter connection.
LRTV Interviews
Basil Alwan Interview: The Road to Cloud

11|19|14   |   09:09   |   (0) comments


Alcatel-Lucent's head of IP and Transport talks about the migration towards a web-like networking environment, the impact of the cloud, SDN and NFV, and the yet-to-be-announced FP4 chip.
LRTV Documentaries
FairPoint Makes a Fair Point About Analytics

11|19|14   |   1:56   |   (1) comment


The US-based communication service provider gets to grips with advanced analytics, tackling data and breaking down the silos within its own business.
LRTV Documentaries
Analytics Lets C Spire Get to Know Subs

11|19|14   |   3:01   |   (2) comments


It's all about the data for US operator C Spire as it uses analytics to personalize its customer service down to individual subscribers.
LRTV Interviews
Nuage Branches Out With SDN: CEO Interview

11|17|14   |   9:32   |   (0) comments


Sunil Khandekar, CEO of Alcatel-Lucent's SDN-focused unit Nuage Networks, talks about the opportunities and challenges of breaking out of the data center into wide-area networks.
Light Reedy
Telecom Analytics Grows Up

11|14|14   |   1:15   |   (4) comments


The big data analytics debate has moved on from a year ago, with some experts suggesting it's no longer a technology challenge.
LRTV Huawei Video Resource Center
Huawei Compass

11|14|14   |   3:17   |   (1) comment


At OpenStack Summit 2014, Shuo Yang, Huawei Principal Cloud Infrastructure Architect introduced Huawei Compass, the software tool for solving customers' problems on the journey of OpenStack Cloud.
LRTV Huawei Video Resource Center
Huawei's Cloud Strategy in European Region

11|14|14   |   2:56   |   (1) comment


At OpenStack Summit 2014, Dr. Gotz, CTO of Huawei IT in European Region introduced Huawei's cloud strategy in European region.
LRTV Huawei Video Resource Center
Huawei's Contribution on OpenStack

11|14|14   |   5:58   |   (0) comments


At OpenStack Summit 2014, Dennis Gu, Huawei Chief Architect of Cloud Computing introduced the relationship between OpenStack and cloud computing, and Huawei's contribution on OpenStack.
Upcoming Live Events
December 2, 2014, New York City
December 3, 2014, New York City
December 8-10, 2014, Reykjavik, Iceland
February 12, 2015, Atlanta, GA
April 14, 2015, New York City, NY
May 6, 2015, McCormick Convention Center, Chicago, IL
May 13-14, 2015, The Westin Peachtree, Atlanta, GA
June 9-10, 2015, Chicago, IL
Infographics
Irish Telecom outlines the rise of VoIP technology, including its adoption within businesses and their perception of its quality.
Hot Topics
Bell Labs Chief Slams 'Toy' Networks
Robert Clark, 11/19/2014
$38.3M: Ain't That a Kik in the SMS
Sarah Reedy, Senior Editor, 11/20/2014
Do You Have a 2020 Vision?
Dennis Mendyk, Vice President of Research, Heavy Reading, 11/21/2014
Google, AT&T, BT Unite on Network Data Models
Carol Wilson, Editor-at-large, 11/20/2014
The New Wave of IP + Optical Integration
Ray Le Maistre, Editor-in-chief, 11/21/2014
Like Us on Facebook
Twitter Feed