& 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?

From The Founder
Download our complete guide to de-risking NFV deployment in 2016, including:
  • An eight-step strategy to deploying NFV safely, based on input from the companies that have already started virtualizing their production networks.
  • Interviews with leading executives at Colt, AT&T, Deutsche Telekom, Cisco, Nokia, ZTE, Ericsson and Heavy Reading.
  • Flash Poll
    Live Streaming Video
    Prepping for the Future: Upskill U Explained
    During this short kick-off video, Doug Webster, Vice President of Service Provider Marketing, Cisco, and Light Reading’s CEO & Founder Steve Saunders give an overview of Upskill U.
    LRTV Interviews
    AT&T Expert on the Key Pillars of UC

    4|29|16   |   03:58   |   (0) comments


    Vishy Gopalakrishnan, AVP of product marketing at AT&T, talks about the three developments that are making unified communications and collaboration secure and reliable for enterprise users.
    LRTV Documentaries
    LRTV Report: Mobile Core Innovation

    4|28|16   |   25:32   |   (0) comments


    Hear from multiple industry experts from Deutsche Telekom, SK Telecom, Heavy Reading, Huawei, Cisco, Ericsson, Nokia, NEC and many more about developments in the mobile core as operators virtualize their IMS and evolved packet core systems and prepare for a 5G world.
    LRTV Huawei Video Resource Center
    NFV World Congress Highlight

    4|26|16   |     |   (0) comments


    The highlight of the NFV World Congress contains exciting telecom news. Join us for an inside look at Huawei's ICT 2020 plan and its latest collaboration with industry leaders.
    LRTV Interviews
    Unified Comms Finds Its Voice

    4|25|16   |   03:44   |   (0) comments


    Peter Quinlan, VP of UCC Product Management at Tata Communications, talks about the evolution of the unified communications and collaboration services sector and how voice is now a big part of current developments.
    LRTV Documentaries
    So... What Do We Do Now?

    4|25|16   |   03:24   |   (0) comments


    After a long hiatus, Max Dingman, the CEO of a GeeGhiz, returns for a motivational board room pep talk.
    LRTV Documentaries
    NAB 2016 Highlights

    4|21|16   |     |   (0) comments


    Light Reading's Cable/Video Practice Leader Alan Breznick climbs down from the slots to tell us about the latest news in broadcast technology at NAB 2016 in Las Vegas.
    Between the CEOs
    CEO Chat: Deepfield's Craig Labovitz

    4|21|16   |     |   (0) comments


    In this latest installment of the CEO Chat series, Craig Labovitz, co-founder and CEO of Deepfield, sits down with Light Reading's Steve Saunders in Light Reading's New York City office to discuss how Deepfield fits in with the big data trend and more.
    Shades of Ray
    Leading Lights 2016: Shortlists Announced

    4|20|16   |   0:53   |   (0) comments


    The judging is over and the Leading Lights 2016 shortlists have been published -- you can see who made the cut by clicking on this link.
    LRTV Custom TV
    Introducing MulteFire – Qualcomm at MWC 2016

    4|18|16   |   3.29   |   (0) comments


    MulteFire is the latest option for using LTE in unlicensed spectrum. As oppose to its close 'siblings', LAA and LTE-U, MulteFire operates solely in unlicensed spectrum, which enables it to offer the best of two worlds – LTE-like performance with WiFi-like deployment simplicity. In this interview, Sanjeev Athalye, Sr. Director, Product Management at Qualcomm ...
    Between the CEOs
    CEO Chat: Grant Van Rooyen of Cologix

    4|18|16   |     |   (0) comments


    Grant van Rooyen, president and CEO of Cologix, sits down with Steve Saunders, founder and CEO of Light Reading, in the vendor's New Jersey facility to offer an inside look at the company's success story and discuss the importance of security in the telecom industry.
    LRTV Huawei Video Resource Center
    ONS 2016 – Demonstration of Huawei's NetMatrix Multi-Vendor SDN Orchestrator

    4|15|16   |     |   (0) comments


    This demonstration shows how Huawei's NetMatrix SDN Orchestrator (SDN-O) addresses an operator's core service agility needs for services spanning multi-domain, multivendor networks: it includes a demonstration of:
    - Rapid New Service Design: using YANG to model a complex example of multi-domain, multivendor L3VPN network connectivity service that ...
    LRTV Custom TV
    AT&T Wants to Own North Carolina

    4|15|16   |     |   (1) comment


    Venessa Harrison, president of North Carolina for AT&T, tells how the company will expand its GigaPower service beyond the seven N.C. cities it already serves.

  • This blog, sponsored by AT&T, is the second part of a ten-part series examining next-generation broadband technologies titled "Behind the Speeds."
  • Upcoming Live Events
    May 23, 2016, Austin, TX
    May 23, 2016, Austin Convention Center
    May 24-25, 2016, Austin Convention Center, Austin, TX
    September 13-14, 2016, The Curtis Hotel, Denver, CO
    December 6-8, 2016,
    June 16-18, 2017, Austin Convention Center, Austin, TX
    All Upcoming Live Events
    Infographics
    A new survey conducted by Heavy Reading and TM Forum shows that CSPs around the world see the move to digital operations as a necessary part of their overall virtualization strategies.
    Hot Topics
    Ultra-Broadband Summit, Hong Kong
    Iain Morris, News Editor, 4/27/2016
    WiCipedia: Woman Cards & Bitch Switches
    Sarah Thomas, Director, Women in Comms, 4/29/2016
    FCC Poised to Re-Regulate Wholesale Access
    Carol Wilson, Editor-at-large, 4/28/2016
    Mitel Asks: What Time of Day Do You Shower?
    Mitch Wagner, West Coast Bureau Chief, Light Reading, 4/25/2016
    GoT Fans Curse HBO (Not Right) Now
    Mari Silbey, Senior Editor, Cable/Video, 4/25/2016
    Like Us on Facebook
    Twitter Feed
    BETWEEN THE CEOs - Executive Interviews
    In this latest installment of the CEO Chat series, Craig Labovitz, co-founder and CEO of Deepfield, sits down with Light Reading's Steve Saunders in Light Reading's New York City office to discuss how Deepfield fits in with the big data trend and more.
    Grant van Rooyen, president and CEO of Cologix, sits down with Steve Saunders, founder and CEO of Light Reading, in the vendor's New Jersey facility to offer an inside look at the company's success story and discuss the importance of security in the telecom industry.
    Animals with Phones
    Live Digital Audio

    Of all the tech companies in the Valley, Intel has made the most aggressive commitment to building a diverse and inclusive workplace culture. It's doing so by taking concrete, measurable steps, making a large financial investment and through a commitment to complete transparency about its progress. In this radio show, WiC Director Sarah Thomas will be joined by Shlomit Weiss, Intel's Vice President, Data Center Group, and General Manager of Networking Engineering, who will share with us why Intel is tackling this huge challenge, how and to what effect. She will also discuss her unique experiences leading development of Client SOC development in the past and today leading development of all of the chipmaker's silicon hardware for networking IPs and discrete devices and managing a team of 600 engineers across Israel, Europe and the US.