20th Century Fox Film Corp. v. Cablevision Systems Corp.

EFF et al's Amici Brief In Support of Appellants Urging Reversal

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In March 2006, Cablevision announced its intention to deploy a "remote DVR" to its subscribers. Rather than recording cable programming on hard drives contained inside a "set-top DVR" located in the subscriber's home, Cablevision would allow the subscriber to record the program on hard drives maintained in Cablevision's own central offices. The motion picture and television industries responded by suing Cablevision for copyright infringement. Although the Supreme Court in its famous "Betamax" decision had ruled that time-shifting by consumers was a noninfringing fair use, the plaintiff argued that Cablevision, not its subscribers, were making the copies. Therefore, argued the plaintiffs, Cablevision was a direct infringer of copyright, not able to rely on the same defenses that Sony used to defend its Betamax VCR before the Supreme Court.

On March 22, 2007, the district court in New York ruled for plaintiffs and found that Cablevision would itself directly infringe copyrights if it launched the remote DVR service.

Cablevision has appealed to the Second Circuit Court of Appeals. EFF joined a host of other public interest and industry groups in supporting Cablevision in the appeal.

This is EFF et al's Amici Brief in support of Appellants urging reversal.

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Reference Info:Appellate Brief | Federal, 2nd Circuit | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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