Cablevision Sued Over Remote DVR Plan 134
zoobid writes "NBC, CBS, ABC, and Fox have joined together and filed an injunction against Cablevision over their plan to introduce remote DVRs to their customers. 'They argue that while precedent may allow for legal time-shifting among home TV viewers, Cablevision's plans should require a special license from the broadcasters.' Cablevision's plan to create a centrally-hosted DVR was previously covered here on Slashdot."
Allow for legal? vs. disallow illegal? (Score:1)
How about just not making it illegal in the first place?
No doubt. (Score:5, Insightful)
How do you justify marking up your "must see tv ads" for those crap shows that you slip between the good shows, if it can be proven that people watch the good shows on a completely different day, and don't watch the crap shows at all? If they have to flat rate, or discount their ads, that'll be a huge chunk of their profit.
Re:No doubt. (Score:3, Interesting)
This is, of course, the industry shooting itself in the foot. This sort of on-demand access has been the handwriting-on-the-wall for years now. Instead of redeveloping their marketing and ad revenue schemes to prepare for the inevitable, they've tried to ignore its coming and - now that it's here - sue it back out of existance.
This is of course the classic case
Re:No doubt. (Score:2)
Each of thse networks has select shows available from the iTunes music store and I'm certain there are other avenues to digitally purchase these works.
Why purchase the season pass on "Lost" when you can just time shift it for cheap at your friendly neighborhood cable vision. For me, most things have little replay value and it's usually watch and discard.
The networks are making money from dvd sales, download sales and even from their website
Re:No doubt. (Score:2)
In the UK, Sky (the monopolistic satellite TV operator), upgraded their set top boxes to 'Sky+' which included a DVR (or PVR). As part of this upgrade the OS added a 'series link' button which tags a show for record, and if that record is successful, then the next episode gets auto tagged for record too, this then repeats until the end of the season, ensuring that you get the whole season recorded automatically. I believe i
Re:No doubt. (Score:2)
Season pass is an iTunes feature to sell you the whole season even before it is out. So when new episodes are relased you are notified of them being available for download.
Re:No doubt. (Score:2)
At least some part of that is caused by TV advertising being so damn bland and uninteresting. Even the Superbowl ads are boring these days (and they're the only reason I ever watched it in the first place). If the advertisers and the agencies wo
Re:No doubt. (Score:2)
Good ads (Score:2)
I downloaded a bunch of the "get a mac" ads recently to show friends. In particular the one entitled "rebooting" was pretty damn funny.
Advertisers are just learning to make their ads better... so I'd rather see a lack
Re:No doubt. (Score:2)
Even if these recordings skip the ads advertisers are still likely to be interested in these kind of figures...
Networks are worried that it may... (Score:3, Insightful)
Burn karma, burn.
Re:Networks are worried that it may... (Score:2)
Re:Networks are worried that it may... (Score:2)
Re:Networks are worried that it may... (Score:2)
More information on my post (Score:1)
Enjoy.
Re:Networks are worried that it may... (Score:3, Insightful)
Most Nielson data comes from diaries not boxes. (Score:2)
Re:Networks are worried that it may... (Score:2)
Re:Networks are worried that it may... (Score:2)
Re:Networks are worried that it may... (Score:2)
Neilsen already made agreements with Tivo so that they can mine the Tivo viewer data.
I imagine Neilsen would just get CableVision onboard too.
Neilsen does more than just provide raw data, they combine localized viewer data to present a broad national picture. CableVision couldn't really compete with that, since Neilsen is grabbing viewer info from all the cable/broadcast markets in any particular region.
Ontop of that, CableVision wouldn't ha
Cross sueing (Score:5, Insightful)
One should wonder how much resources those companies waste in useless legal actions and how much they earn from the same.
Re:Cross sueing (Score:1)
Cable DVR? (Score:3, Interesting)
It's all irrelevant to me (Score:3, Insightful)
Stop it now! (Score:5, Insightful)
Re:Stop it now! (Score:2)
Re:Stop it now! (Score:2)
Or is that only in international waters?
Re:Stop it now! (Score:1)
They already have (Score:2)
My memory is vague on this subject, thankfully this is
Back in the 80s it wasn't a problem for cable companies to rebroadcast the local channels over the cable. Why should it, they were doing local stations a favor. The cable company would invest in the approperate antenna, subscribers could get
Re:They already have (Score:2)
Re:Stop it now! (Score:2)
And the difference is? (Score:4, Insightful)
Re:And the difference is? (Score:5, Insightful)
It's legal for me to record TV shows and watch them when I want. It's not legal for me to sell the recordings. The TV companies are saying this amounts to selling the recordings.
I haven't looked at the technical details. They might be right.
Re:And the difference is? (Score:2)
- make you prove you had a CD by inserting it in your drive and letting their software examine it, then
- allow you to download (as often as you like) a copy of a single, centrally stored, MP3 rip of it.
This provided a "rip" and transport service for music you'd already bought, but only required one copy at the server.
They lost the suit against RIAA.
As far as the courts are concerned, a for-profit company whose business model includes maki
Re:And the difference is? (Score:2)
I'm not worried. It'll all shake out eventually and we'll have all the networks going where HBO is now with Cox. Good programming that you can watch on-demand at any time within about a month or so that they have it available on the server. If you want it longer you have to record it locally. You'll pay a monthly fee for access and there won't be any commercials.
Over-the-air
And HOW the video is stored (Score:2)
I'd add one optimization to that - I'd improve how the video is stored. Rather than have one hard drive per user, you can have a disk farm and only store one copy of a show per metro area, or whatever your locality is based on your transit costs.
It would work like unix hardlinks - when the last user has "erased" the show from "his" DVR, then you can delete the server file and r
Re:And the difference is? (Score:2)
Re:And the difference is? (Score:2)
When you DVR in your home, you download and save the material. You are a downloader.
When a cable provider records the shows, and then sends them to you via an upload. They are an uploader.
Uploaders get into lots of copyright trouble.
Re:And the difference is? (Score:2)
Re:And the difference is? (Score:2)
It's different in the eye of the networks, who hope to persuade the courts to agree with them, because the moment it's different then it needs a new license -- and new money changes hands.
You can bet that if the networks had been able to figure out how to offe
Re:And the difference is? (Score:2)
It doesn't make sense to me, either, but that's how it works. All of these legal constructs set up around so-called "intellectual properties" seem tenuous, at best.
I'd rather see them greatly weakened, or greatly strengthened, with a huge reduction in duration. I'd be ok with content providers have 100% use of their information with no fair-use rights, i
Re:And the difference is? (Score:2)
Re:And the difference is? (Score:2)
Re:And the difference is? (Score:2)
Here, the cable company is NOT engaging in timeshifting -- it's just copying the signal and distributing it to people as they want it
Timeshifting number of viewing limit? (Score:2)
The way I understand timeshifting, you can record your show and watch it 10,000 times.
Re:Timeshifting number of viewing limit? (Score:2)
In any case, Betamax was concerned with copying, which is one of the 6 copyrights (see 17 U.S.C. 106). Here, the cable companies are also distributing copies to the public. That goes well beyond what Betamax found to be fair use.
Re:Timeshifting number of viewing limit? (Score:2)
I was concerned by your statement that You are not allowed, however, to create a library so you can watch something many times or so you can give recordings to your friends.
but couldn't find anything stating that in the ruling.
Re:Timeshifting number of viewing limit? (Score:2)
1. Sony is liable as a contributory copyright infringer if its products are incapable of substantial non-infringing uses.
2. There are two common uses: time-shifting and library-building.
3. Time shifting is a fair use and is thus non-infringing.
4. Therefore, Sony is not liable.
The implication is that library-building is not a fair use. The court didn't specifically find that, but it see
Why kill this now? (Score:2)
Once Tivo and their consumer ilk are gone, then the networks can sue CableVision, collect massive damages and the death of Tivo will merely be collateral damage.
A dying industry lashing out... (Score:5, Insightful)
This legal move by the networks, which obviously has no customer benefit, is clearly a sign of this malady. We are now seeing more and more suits like this as companies, desperately trying to cling to a failing business model, turn to the law to prop up their house of cards. And it is their last, best hope. The government is quite likely the only organization more resistant to change than the media industries.
Re:A dying industry lashing out... (Score:4, Insightful)
End viewers are not the Networks' customer. Large ad firms are their customer. Once you put the argument in perspective it begins to make sense, even despite the apparent twistedness of this revelation.
Re:A dying industry lashing out... (Score:3, Interesting)
Who cares about networks? I like HBO's model. I pay them, I get good, commercial-free programming that I can watch purely on-demand, any show, any time I want it, thanks to the Cox network. If I want a copy of a show, I record it locally and write it off to DVDR.
Re:A dying industry lashing out... (Score:2)
Advertising rates are affected by the number of eyeballs watching their content. No viewers = no one to advertise to = no advertisers. The networks are very, very concerned about not driving their customers away and, while it IS true that advertisers matter, the viewers matter more.
Triv
The exact result you'd expect (Score:4, Insightful)
Re:The exact result you'd expect (Score:2)
Now?
What about VCRs, DVD players, HDMI/HDCP, MP3 players, DVR boxes, tape decks, CD/DVD burners, etc., etc., etc.
They've been trying to (and in many cases successfully) mandate designs on hardware to their benefit for more years than I've been alive.
Hotel DVR System (Score:5, Insightful)
So imagine arriving late to the hotel the night before to your business meeting and being able to watch 24 in your hotel room 8 hours after it ran.
At issue was getting a revenue-sharing agreement setup between the networks and the hotel. Oh, and coming up with a pricepoint that didn't rape the guests.
Although it may someday come to pass, the greedy networks are the barrier to this kind of Hotel DVR system. So it's of no surprise to me that Cablevision is being sued over essentially the same thing that the hotel chain is too afraid to implement on their own.
Re:Hotel DVR System (Score:2)
6 am is rather late. (...or 5 am, if you're counting from when the program began.)
Re:Hotel DVR System (Score:2)
Right, like that has ever crossed the hotel-industry management's minds...
Re:Hotel DVR System (Score:2)
They might have a real complain this time. (Score:5, Interesting)
CableVision is literally rebroadcasting their content, which is a major shift from the previous model of 'consumer records it at home'.
Currently, if you want to re-broadcast a show, you have to pay for it. If CableVision goes through with this, it'll seriously dilute the market (in CableVision areas) for re-runs.
Re:They might have a real complain this time. -NOT (Score:3, Insightful)
Bzzzzzap!
There are only two kinds of shifts involved here:
1. The timeshift of watching programs at a time later than they're broadcast. We've had this right for a long time and it's not in question.
2. The location-shift of the DVR from your living room to the cable company's server room. And this is no different than asking your neighbor or family member to record
Re:They might have a real complain this time. -NOT (Score:2)
And it would be illegal. Just as renting a DVD and showing it to strangers, or to people you know but charging money, or to people you know and not charging money per se, but showing it at a party with a door fee are all illegal.
There are many things t
Re:They might have a real complain this time. -NOT (Score:2)
I don't think so. The kid is simply babysitting your VCR while you're away.
Re:They might have a real complain this time. -NOT (Score:2)
Re:They might have a real complain this time. -NOT (Score:2)
And, you know, it's only a matter of time before a server that records the entire cable stream becomes practical, at least for a cable company that can optimize at each component. Won't that be fun.
Re:They might have a real complain this time. (Score:2)
But uh, no, they aren't. They're not broadcasting anything. Broadcasting is a push technology. You send it out, and it's either received, or it isn't. This is wholly different. It's allowing customers to store their data on the cable company's servers, and view it when they choose to. They initiate every step of the process. Presumably they will be only storing single
Re:They might have a real complain this time. (Score:2)
Your statement that customers are storing "their data on the cable company's servers" is arguable.
How is it "their" data?
They have not recieved it and stored it at their home.
It really d
Re:They might have a real complain this time. (Score:2)
Ah! But there are so-called "wireless cable" systems. Here in Lake County, CA, USA we have such a beast. Known as Lake County Television (LCTV) they have a radio shack on top of Mount Konocti, a more-or-less dormant volcano. (It's supposedly active, but it has no opening/upwelling, whatever that all boils down to - no pun
Re:They might have a real complain this time. (Score:2)
Re:They might have a real complain this time. (Score:2)
Re:They might have a real complain this time. (Score:2)
What we are looking at here is really the difference between thin & fat clients.
A traditional DVR has it's own hard drive & a full interface to do the recording. The new process is more like a thin client requesting information from a central repository. My issue with this is that the Media companies are saying fat clients have been upheld as legal already, but they want to bar the thin clients. That's nice, but both do exactly the same thing. If it's legal to do, it's legal
This actually raises a pretty funny point (Score:5, Interesting)
And what do I find? There's nothing on TV to watch. I literally spent the afternoon/evening looking for something, anything to record. I still can't find anything worth the harddrive space.
So, I accepted defeat, set it up to record Dora the Explorer and Sesame street ( 2 year old daughter ), and started putting my DVD isos on the harddrive. Might as well savage some use out of it.
Re:This actually raises a pretty funny point (Score:5, Interesting)
While a lot of TV is trash, try concentrating your search on The History Channel and The Discovery Channel. The plethora of educational content is amazing. Try checking out this coming Monday at... 9ish? History Channel is running a special about George Washington's military life called Washington the Warrior [historychannel.com].
I get that some people don't like TV, but this is education about your country's founding, it's wars and triumphs, etc.
To me, this is great TV no matter who you are. But that's just MHO. ;)
Re:This actually raises a pretty funny point (Score:1, Insightful)
You mean the Hitler Channel and the Psychic, Obese, Midget, Undead, Alien Bigfoot gets a Makeover for Jesus Channel?
Go read a book.
KFG
Re:This actually raises a pretty funny point (Score:2)
Oh, yeah... because none of THEM have a slant...
Re:This actually raises a pretty funny point (Score:2, Insightful)
I was not addressing issues of bias, but basic content. Dr. Who is about the only thing I watch on the Sci-Fi channel right now, because it would be more accurately called the Horror Channel; and I'm not a horror fan. Could be worse, I suppose. For it's first year or two I called the History Channel the Boring Channel; and I'm a history geek.
National Geographic, on the other hand, was great for about the first year, but now has started running much the same d
Re: (Score:1)
Re:This actually raises a pretty funny point (Score:1)
Since I made the MythTV box, I don't really watch TV anymore and the damn thing filled up. I've got 30 episodes of House, 40+ episodes of Monk, ~25 episodes of MythBusters, etc. The only thing I'm good about watching is The Daily Show.
Maybe I'll get to watching some of it eventually...
Re:This actually raises a pretty funny point (Score:3, Insightful)
I can squeeze in about 5 hours a week, and between the Daily Show, Colbert Report, and occasional Adult Swim shows that is 5 hours a week. I also like some sci-fi shows, there are movies, old MST3Ks I've never seen, etc.
I don't want to bump up tv viewing time, so I'm going to have to accept to let things go. Or pile up, which is what is happening now.
Re:This actually raises a pretty funny point (Score:2)
Re:This actually raises a pretty funny point (Score:3, Informative)
I also record a lot of Comedy Central, Daily, Colbert, Drawn Together, Mencia and a lot of stand-up acts too. That channel is the best $10/yr I've ever spent.
All about money? (Score:2)
I'm not saying that the stu
Re:All about money? (Score:2)
Re:All about money? (Score:2)
Re:All about money? (Score:2)
You're getting paid for that time! Make it thirty.
Re:All about money? (Score:2)
Classic (Score:2)
the sky is falling! (Score:3, Insightful)
Major threats to the industry? I assume they mean the advertising industry...BS. as long as there are products and mediums to advertise on advertisers will make money. God forbid TV isnt as much as a cashcow as it used to be... Do they think they're the only industry that needs to adapt at times? Now they'll start pushing the price of internet advertising (costs associated)and producing commercials to compensate and visually spam more shit on the web. If companies only learned to embrace the future instead of fighting it, they'd be more sucessful and we'd probably be more technologically advanced as a culture.
Re:the sky is falling! (Score:2)
Even in the beginning of the modern TV industry, advertising was intertwined. In the old days, entire shows were sponsored by a company who would then plaster their logo an
True TV on Demand, make your own programming (Score:1)
Yes, networks should be scared. Then again, I pretty much do this now with my Tivo, but is isn't multi-tuner.
The broadcasters have issue since, as they put it, "Cablevision is actually copying, storing and retransmitting it," I guess the retransmissi
I really do not see the problem here (Score:1)
NOT private viewing (Score:5, Insightful)
Just like MP3.com, remember? (Score:3, Insightful)
And as we all remember, the RIAA destroyed this from ever happening, because they said that MP3.com was essentially profiting of selling their property.
Essentially, Cablevision wants to create a centralized database of all TV programming and "sell it back"
DVRs from Cisco (Score:2, Insightful)
I suspect that some of the impetus for this comes from Scientific Atlantic (now owned by Cisco). They make settop boxes and DVRs. Their DVRs are the ones supplied by Time Warner cable, and perhaps Cablevision. Among the products in their line are DVRs that can record up to two channels at a time for each of up to 4 set top boxes. This means that you can record and/or watch up to 8 shows at a time in your home.
I think what makes the broadcasters crazy is that this can have all sorts of effects on how r
adapt or die (Score:3, Insightful)
Produce Clever Commercials (Score:2)
Geico, Volvo and a few others actually have commercials that are pretty tolerable.
Re:adapt or die (Score:2)
Ad placement / embedded advertising can be tastefuly done. Archie Bunker drank Royal Crown cola. I don't know if RC paid for that, but an entire episode centered around whether they could taste the difference between the various colas on the market, which as far as a sit-com goes is totally approperate. In other cases, it can be quite tacky... The F
Re:adapt or die (Score:2)
I recall one time specifically where Camilla and Tony where commenting on how nice a car the Cadillac Escalanche (or some GM vehicle) was, while sitting around watching TV and it's ad 'happened' to come up.
You can bet that every cereal they eat, every beverage they drink, every brand name you can clearly identify in any scene paid to be there.
I don't object to it personally, except on the rare occasion it's shoe-ho
Listen carefully... (Score:2)
Re:two things (Score:2)
Then they'll charge $2.50 an episode.
What I'd like to see, instead of just switching to "a la carte" is another cable company move in that specifically offers it. or your plan. Let the options exist and see what the market moves to. 'cause I'm not positive that a la carte is the best way to go. Would, for example, a SciFi channel or a Discovery-Science channel be able to exist? or would we end up with 4