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Twentieth Century Fox Film Corp. v. Cablevision Systems Corp.
06 Civ. 3990(DC), 06 Civ. 4092(DC), 2007 WL 867093, S.D.N.Y., 03/22/2007
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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Companies Mentioned
Copyright Law
The following companies are mentioned in Copyright Law Updates:
American Society of Composers, Authors, and Publishers
Northern Lights Products, Inc. d.b.a. GlowProducts.com
Litecubes, LLC
Poof Apparel Corp.
Derek Andrew, Inc.
Metro-Goldwyn-Mayer Pictures, Inc.
Mattel, Inc.
Geoffrey Productions, Inc.
MGA Entertainment, Inc.
Universal City Studios LLLP
Twentieth Century Fox Film Corp.
Turner Network Television LP, LLLP
Turner Network Sales, Inc.
Turner Classic Movies, LP, LLLP
Turner Broadcasting System, Inc.
The Cartoon Network LP, LLP
Paramount Pictures Corp.
NBC Studios, Inc.
Disney Enterprises, Inc.
CSC Holdings, Inc.
CBS Broadcasting Inc.
Cablevision Systems Corp.
Cable News Network LP, LLLP
American Broadcasting Companies, Inc.
Westbound Records, Inc.
UMG Recordings, Inc.
Janice Combs Publishing, Inc. d.b.a. Justin Combs Publishing
Bad Boy Records LLC
Bad Boy Entertainment, Inc. d.b.a. Bad Boy Records
Yahoo! Inc.
Television Music License Committee
SESAC, Inc.
RealNetworks, Inc.
AOL LLC f.k.a. America Online, Inc.
Sony ATV Tunes, LLC
3D Recon
MLE Music
Saatchi & Saatchi North America
Julie Ann’s, Inc.
National Geographic Society
Julie Ann Bible
National Geographic Enterprises, Inc.
Hampshire House Publishing Corp.
Mindscape, Inc.
YouTube, LLC
YouTube, Inc.
Viacom, Inc.
Google, Inc.
Future Association Premier League Limited
H2O Industrial Services, Inc.
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