Copyright Law Updates | New Judicial Opinions
July 13, 2007
Twentieth Century Fox Film Corp. v. Cablevision Systems Corp.
06 Civ. 3990(DC), 06 Civ. 4092(DC), 2007 WL 867093, S.D.N.Y., 3/22/2007
Holding:
A remote storage digital video recording system that allows customers to record programs on central servers and then play them back at home infringes plaintiffs' copyrights.
Detailed Summary:
Defendant developed its remote storage digital video recording system for its customers who do not have DVRs at home. The system allows them to choose and record programs to a central server housed at defendant’s facility and then play the programs back at home. Defendants never received permission from plaintiffs to use their copyrighted programs, but claims no license is required since it is the customer and not the company that chooses and records the programs. The court disagreed, concluding that the system would be an act of engaging in unauthorized reproductions and transmissions of plaintiffs’ copyrighted programs, because it is a complex system that involves an ongoing relationship between Cablevision and its customers, payment of monthly fees by the customers to Cablevision, ownership of the equipment remaining with Cablevision, the use of numerous computers and other equipment located in Cablevision’s private facilities, and the ongoing maintenance of the system by Cablevision personnel.
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