Cablevision Sued for Network DVR Plan

By Ed Oswald | Published May 25, 2006, 1:19 PM

Cablevision was sued Wednesday by four Hollywood studios and the three major television networks, who accused the cable provider of copyright infringement through its planned on-demand service that would essentially replace the set-top digital video recorder.

The offering would allow subscribers to store and playback television off of Cablevision's servers. While personal copying has long been ruled legal, opponents of the new service say the cable provider is recording and retransmitting programming without the necessary license.

Filed in the U.S. District Court in Manhattan, the suit seeks an injunction that would prevent Cablevision from launching the service. Other companies that are considering offering similar services are watching the suit closely before announcing their own plans.

Industry officials say the problem is not the time-shifting aspect of any DVR service, but the way that Cablevision would market it. Since the provider is a for-profit entity, it cannot charge for on-demand access to programming without licenses.

Cablevision disagrees with that point of view. It claims the service is more like a TiVo, because it is not recording all programming, just those selected by individual users. The only difference is that content is stored remotely, not on a hard drive in a DVR.

Each subscriber would also be given dedicated space for their content only.

No timetable for release of the network based DVR has been provided for the service; however, the offering may be delayed until the lawsuit is settled. Cablevision serves about 3 million customers in and around New York City.

Comments

You know, thinking about it. The networks, cable companies and satellite companies fear change. If they did change from this format to all on demand TV they would have to buy new equipment and they're already doing that with the switch to HDTV. Just like the car and gas companies fear changing from gas to ethinal or another alternative fuel. They're making money the way things are going now so why change? Because it would make things better for us the consumers, they don't really care. The only reason their changing to HDTV is because the government says to and the government oked it because it doesn't harm them. If the government said every station should make on demand products then it would happen, but they would have to make sure it doesn't harm them politically in any way. Its different with gas though because oil is a major political thing so it would take something major to make them tell every car company to switch from one fuel to another and make every gas station carry that fuel, but thats another subject all together.

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Thats a pretty good idea Budgie29, but how much would it cost? Say they double the current cable/satellite basic service to take off all commercials, would you pay? I think if they were to do this they would probably more than double it, because they make a ton of money on advertising, to make up for it they would have to more than double it. I like the idea but I don't think the industry would go for it.

I also partly agree with 33Nick, the industry doesn't like something so they cry about it. I belive we have every right to back up our movies and music if we wish. I've had cd's stolen, if I would have backed them up at least I would have had the backups, but the industry sees stolen property as just more money because if you like it you'll buy it again.

I like the idea of on demand even if it does have commercials. I do agree that its silly I pay for basic cable and have to pay to watch commercials when I'm watching programs. They not only make money on me monthly but they make money on commercails, and the programs aren't any better than the ones on regular TV. So basically we're paying for programs we'd like to see, the thing is a lot of the programs make it to the main networks anyway. Look at Stargate, it started out on Scifi, and the new episodes are still on Scifi first, but they bleed down to regular TV and its not like they have to cut out content they can't show on regular TV.

Thats why I say cable and satallite companies should give something special, a good reason to pay. Now on demand wowuld be that reason. If I can watch any show any time I wanted instead of having to look at a guide to see when its on and make sure I'm around or set my media center to record it, that would be a very good reason to pay, even if they kept the advertising in the show.

I'm not about to go to the extent you went on not going to the movies and not buying CD's or DVD's, but I do see where your coming from. If I knew a third or more of the US population were going to stop paying for these things to show the government that we're pissed and that things should be changed I'd probably join in, but its probably less than 2% of the population that is going to that extent and the companies and government are just not even noticing.

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Tv on demand hell yes what a good idea for consumers .
it puts us in control of what we watch and when we watch it ...

it takes control away from Mr big

how's about an idea for pay tv to exclude the adverts when watching tv for a fee

I just wonder how many people would take the option

did you know that one gets about 12 minutes of advertising for each hour watched

if one watchted tv for 24 hrs their would be 288 minutes of adverts which = 4.8 hours a week =33.6 hours

say you watched every espode of the bill form sart to the present day you would have watched
14400 hours of adverts.(thats based on 25 years and one showing a week)

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This industry is like life in the savana, predators hunting preys, pissed off when other predator hones in on a kill, crying and winning to authorities stupid enough to dignify them. In the end, users still don't get what they want.

God, all I want is to pay for a service with less if not, no commercials. Sorry but $50 a month plus having to watch commercials, someone is making too much here. And quality programs!!! I've been toying with the idea of building my own PVR but with talks of the industry trying to make certain devices illegal, DVD roms for instance unnless approved, makes me wonder what crazy planet are we on.

All people want is more control over our hard spent money. No I don't want insane DRMs that cover their bums and not mine, no I don't a system I am not hosting and in full control. I don't want a government and big corporations policing my Internet. I need my own control if I am to be trusted eventually unless our system is trying to breed a brainless race that complies with every whims the industry and government has. So I am not spending anymore money on movie theaters, I have given up my expensive monthly cable bill and screw you, I'm not paying for another CD or DVD with DRMs that disble backing up the thing I buy with MY hard earned money.

Wake up industry. Start innovating, stop being a lazy monopoly. You've successfully pissed a lot of people by now...

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How about just sell DVRs with a 500gb hard disk built in....hell, maybe even TWO! Then you'd have more space than you really could ever possibly need.

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Well for the first time I agree with the MPAA. cause I want to be able to pull my Files off MY DVR HD and not be dependant on their crappy network streaming concept.

If I have a DVR I want to pull my files off my unit at any time which is 100% possible with today's technology. sure most cable systems turn that feature off, But I simply turn it back on and USB or Ethernet my files to my computer for storage. Its rather easy if you know how. And there is NOTHING the MPAA can do about it as it is 100% the same thing as a Dam VCR recording the show at broadcast to Tape. And if they think it isn't they they are the one wrong not I.

Cause I have plenty of legal standing and resources to take this through the courts, which is something the industry fears more then any thing else... The Concept Of Fair Use making it back to a court case in reguards Television Broadcasts would Destroy them in their eyes... Just as the Video Tape Betamax ruling destroyed the Movie industry back in the 80's Yea RIGHT!!! What are you smoking MPAA? $100 bills?

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I think its a good idea and the way TV should go. If you just use regular TV, you could buy a set top box for X ammount of money and get free streaming, but if your paying for cable or satellite you should pay a monthy fee for streaming shows (and extra for movies). The only thing is make it so unless you have a harddrive DVR you can't record it hance can't skip the commercials, I think all networks and studios would be ok with this because they would be making the same money they make now also if a special news report come they can break into the stream at any time and it would continue where it left off. Or have a choice to have regular cable at a little less of a price or this enhanced anything any time viewing cable. This would stop the restraint of the networks of having to worry about time slots so instead of a company paying a high price for a specific time slot they would pay the price to have their add on one of the top rated shows.

Also this would be good for the Nielson rating system. Instead of tracking a single program that a person watches per hour on one box (I don't think it tracks if you have a DVR or VCR recording a program on another channel), they can track what shows are being downloaded by a Nielson family this way instead of knowing they watch American Idol on Tues at 8pm, they would also know their watching NCIS which also has new episodes come out on Tuesday at 8pm. On the other hand since they're streaming and there reall isn't a time slot a network can bring out a new episode whenever they want, weekly, dayly, when ever the episode for that season is finished. Instead of Nielson saying what shows in a week are most viewed on a specific time slot they can say what shows are most viewed in a specific month, and shows that are usually slated for cancallation because of low ratings would get a chance because if its good people will stream it.

I don't know, but this idea or some sort of this idea I think will be the future of televison. It just has to be done the right way for all companies to be ok with it and I see my idea being a fair way because it only changes the way we watch and rate TV and still lets advertisors do their thing.

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"...The only difference is that content is stored remotely, not on a hard drive in a DVR."

Therein lies the crux of the matter.

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Indeed, I think Cablevision has a good point there. The device is no different to a VCR - the user selects a program to record, and then can watch it later at their convenience. The storage medium (AFAIK) doesn't come into it. The fact the recordings are made on a remote server should not be any different to if they were stored locally. Hell, I can setup a DVR to store on a remote server - am I 'retransmitting' the recording to myself, and therefore breaching copyright laws? Of course not.

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Cablevision's idea to store recorded programming on a remote server will probably be a requirement going forward since new TV's are going to be using cable card and therefore won't be able to use a cable box with a DVR inside.

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