U.S. Court of Appeals says no infringement in service
NEW YORK -- A U.S. appeals court ruled that Cablevision Systems Corp. may go forward with its design to introduce a new digital video recording recorder service that film studios and television networks had aforementioned violated their copyrights.
Reversing a lower motor inn ruling, the U.S Court of Appeals for the Second Circuit in New York aforesaid Cablevision's proposed new service "would not directly run afoul plaintiffs' exclusive rights to reproduce and publicly perform their copyrighted works."
Cablevision appealed a March 2007 opinion in which it helpless a battle to introduce a network-based DVR system, called Remote Storage Digital Video Recorder, or RS-DVR, which would allow subscribers to fund TV programs on the cable operator's computer servers.
By contrast, typical DVRs store programs on individual concentrated drives that are piece of customers' set-top boxes.
The appeals courtroom, in a written ruling, also aforementioned it was sending the case back to the U.S. District Court in New York for farther proceedings.
"This is a terrific victory for consumers, which will permit us to make DVRs available to many more people, faster and less expensively than would otherwise be possible," Cablevision COO Tom Rutledge said.
"We appreciate the Court's perspective that, from the standpoint of existing right of first publication law, remote-storage DVRs are the same as the traditional DVRs that ar in use today," he said.
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