& cplSiteName &

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        ADD A COMMENT
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?

Light Reading’s Upskill U is a FREE, interactive, online educational resource that delivers must-have education on themes that relate to the overall business transformation taking place in the communications industry.
NEXT COURSE
Friday, September 30, 1:00PM EDT
Gigabit & the Great Migration
Robert Howald, Vice President, Network Architecture, Comcast
UPCOMING COURSE SCHEDULE
Wednesday, October 5, 1:00PM EDT
Gigabit & Smart Cities
Joe Kochan, COO & Co-Founder, US Ignite
Friday, October 7, 1:00PM EDT
Gigabit & DOCSIS 3.1
Ty Pearman, Director, Access Architecture, Comcast
Wednesday, October 19, 1:00PM EDT
Securing a Virtual World
Rita Marty, Executive Director, Mobility and Cloud Security, Chief Security Office, AT&T
in association with:
From The Founder
Light Reading today starts a new voyage as part of a larger Enterprise.
Flash Poll
Live Streaming Video
Charting the CSP's Future
Six different communications service providers join to debate their visions of the future CSP, following a landmark presentation from AT&T on its massive virtualization efforts and a look back on where the telecom industry has been and where it's going from two industry veterans.
LRTV Interviews
CenturyLink: SDN/NFV Pose New Interconnection Possibilities

9|28|16   |   04:37   |   (0) comments


Network operators should develop new APIs and business processes for reselling virtual assets to each other, says CenturyLink's Bill Walker. That will enable them to build digital business portfolios that help them avoid becoming commodity transport providers.
LRTV Interviews
Level 3: Overcoming Terror of Being Supplier, Integrator & Developer

9|28|16   |     |   (0) comments


At Light Reading's NFV & Carrier SDN event in Denver, Travis Ewert of Level 3 Communications said there is terror in becoming supplier, integrator and developer, but it can be overcome and be cost effective.
LRTV Custom TV
Introducing IoT World News

9|27|16   |   01:43   |   (0) comments


Self-driving cars, medical sensors, smart cities... and refrigerators. In order to address the huge scope of IoT, KNect365 has created a unique online community that will help businesses to understand and monetize the opportunities that live within the IoT market. We look forward to welcoming you to IoT World News -- your gateway to a better connected future.
LRTV Interviews
AT&T: Re-usable Functions Next NFV Key

9|27|16   |   06:03   |   (0) comments


The next generation of NFV has to break functions down into re-usable software chunks, making everything much more cloud-like.
LRTV Interviews
Masergy on Security: Attackers Gaining Upper Hand

9|27|16   |   5:10   |   (2) comments


At Light Reading's NFV & Carrier SDN event in Denver, Ray Watson, vice president of Global Technology at Masergy, says that because of the growth in virtualization, the threat landscape is shifting in favor of the attackers. As a result, service providers need to think beyond just defending the perimeter and take a more holistic approach to security.
LRTV Interviews
Verizon Takes Next Step on Biz Virtualization Journey

9|26|16   |   4:38   |   (2) comments


At September's NFV & Carrier SDN event in Denver, Light Reading sat down with Victoria Lonker, director of Product and New Business Innovation at Verizon, to chat about where the carrier is with delivering virtualized services to business customers.
LRTV Interviews
Global Services: The $40B Face-Off

9|26|16   |   05:53   |   (1) comment


More service providers than ever before are battling it out to win a slice of what is now a $40 billion global communications services pie, explains Ovum Principal Analyst David Molony.
LRTV Documentaries
MEC Congress: The Key Takeaways

9|22|16   |   03:25   |   (3) comments


Three key takeaways from the Mobile Edge Computing (MEC) Congress in Munich, Germany.
Wagner’s Ring
Time to Shut Up About 'Dumb Pipes'

9|22|16   |     |   (12) comments


Service providers can't compete with OTT players. It just isn't in their DNA. Instead, service providers need to embrace what they're good at -- providing reliable, secure connectivity.
Wagner’s Ring
Keeping Your Tech Career Going After 50

9|21|16   |     |   (13) comments


How do you keep your career moving forward when you're past the half-century mark?
LRTV Interviews
Peering Into the Digital Future

9|20|16   |   04:25   |   (0) comments


Nick Thomas, practice leader of digital media at Ovum, talks about how digital transformation in the technology, media and telecom sectors will enable the development of a new range of applications and services for enterprises and consumers and how the upcoming Digital Futures event in London will examine ...
LRTV Custom TV
Napatech Tackles NFV's Major Challenge

9|7|16   |   08:42   |   (0) comments


One of the main challenges for network operators introducing NFV is to combine performance and flexibility in a cost-effective way, but there is a solution, explains Napatech's Dan Joe Barry.
Upcoming Live Events
November 3, 2016, The Montcalm Marble Arch, London
November 30, 2016, The Westin Times Square, New York City
December 1, 2016, The Westin Times Square, New York, NY
December 6-8, 2016, The Westin Excelsior, Rome
May 16-17, 2017, Austin Convention Center, Austin, TX
All Upcoming Live Events
Infographics
Hot Topics
Verizon CFO: Eat Our (Fixed) 5G Dust!
Dan Jones, Mobile Editor, 9/22/2016
WiCipedia: The Women Helping Women Edition
Eryn Leavens, Special Features & Copy Editor, 9/23/2016
Eurobites: Telefónica Taps Juniper for Network Security
Paul Rainford, Assistant Editor, Europe, 9/26/2016
Open Source Getting on My Nerves
Carol Wilson, Editor-at-large, 9/26/2016
Google, Facebook Gaining Network Equipment Clout
Patrick Donegan, Chief Analyst, Heavy Reading, 9/26/2016
Like Us on Facebook
Twitter Feed
BETWEEN THE CEOs - Executive Interviews
Light Reading CEO Steve Saunders and UXP Systems CEO Gemini Waghmare discuss the strategic importance of digital identity for operators in the midst of transformation.
Join us for an in-depth interview between Steve Saunders of Light Reading and Alexis Black Bjorlin of Intel as they discuss the release of the company's Silicon Photonics platform, its performance, long-term prospects, customer expectations and much more.
Animals with Phones
There's Nothing Like Missing a Full Minute of Pokémon Go Click Here
Live Digital Audio

A vital part of increasing the number of women in comms is transforming the ways companies can support and empower women. While progressive company policies that support both men and women in achieving work-life balance are a step in the right direction, creating a company culture that supports those policies can at times be more challenging.

During this show, we'll talk to Lynn Comp, Senior Director of Industry and Sales Enabling (ISE) in the Network Platforms Group at Intel, about why those challenges exist and how companies can overcome them. She'll provide insight into how Intel has worked to create a culture that supports work-life balance, and provide steps and guidance for other companies wishing to do the same. We will also leave plenty of time to get your questions answered live on the air.