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Cablevision Files Counter-Suit in Network DVR Case

7:30 am on June 9, 2006 | Category: Law, Telecom Services, Television

New York-based cable operator, Cablevision, has filed a counter-suit against a group of movie studios and TV networks that are trying to prevent the company from launching a remote DVR service.

Cablevision claims that itâ€™s “remote storage digital video recorder”, which would allow users to record programming on the companyâ€™s digital network and access it later via a broadband internet connection, is protected by the 1984 â€œfair useâ€ ruling that made it legal to record TV shows for non-commercial purposes.

“The technology that consumers use to time-shift television programming has progressed (from the Betamax to the VCR and now the DVR), but the principle that time-shifting is fair use has remained settled law,” Cablevision claimed in an 18-page legal filing.

While the company does have some legal grounds for this argument, itâ€™s easy to see why television networks oppose a network DVR offering. Such a service would make it that much easier for consumers to record programming, and skip commercials, thus making it hard for broadcasters to maintain advertising revenues.

As this legal struggle progresses, it is sure to attract the attention of larger cable providers like Comcast and Time Warner, who like the idea of a network DVR, but want any potential legal problems cleared up ahead of time. If Cablevision wins this case, it will be able to corner this market early, but it must first clear the way for the entire cable industry.

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