Intellectual "Property" in the Digital Age
Frank Field
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-REC Are Personal Video Recorders, Such As ReplayTV and Tivo, Copyright-Infringement Devices?
[11 hits, 1 votes, Average Rating 10.00] [Added: 9th May 2002]

Findlaw's Writ; Chris Sprigman; May 9, 2002. Full title: Are Personal Video Recorders, Such As ReplayTV and Tivo, Copyright-Infringement Devices?: A Lawsuit Raising The Question May Force Sonicblue To Spy On PVR Users - a response to the Kellner interview - "In the end, this case should be seen as what it is: an attempt to write an advertising-based model of television business into law. Rather than enshrine their fixed business model, networks should think of other ways to promote products - perhaps, most simply, by offering more entertaining advertising, or through product placement, as in Survivor , or by granting paying customers discounts if they do watch advertisements and answer questionnaires about their reactions. ReplayTV won't bankrupt TV; it will only force it to become more creative."
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-REC Sonicblue: We're not watching you
[9 hits, 0 votes, Average Rating 0] [Added: 3rd Jun 2002]

ZDNet News; Tiffany Kary; June 3, 2002. "District Court Judge Florence-Marie Cooper on Friday overturned a late April ruling that required the maker of ReplayTV set-top box technology to write and install software to monitor what its customers were watching." LawMeme has some detailed links: ReplayTV Not Required to Spy on Consumers Says Judge. Finally, there's also something at Sonicblue Freed From Monitoring
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-REC Studios Assail ReplayTV Technology
[10 hits, 0 votes, Average Rating 0] [Added: 11th Feb 2002]; Jon Healey; February 11, 2002. This is going to be an interesting lawsuit. The Slashdot summary for the discussion of this article is pretty much on point, but my favorite quote is this one: "What difference does it make how I do it?" Wood said. "The dilemma is, the technology is turning the business model upside down. But that doesn't mean it's copyright infringement."
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-REC Suit filed over ReplayTV features
[9 hits, 0 votes, Average Rating 0] [Added: 6th Jun 2002]

CNet News; Lisa M. Bowman; June 6, 2002.

The Electronic Frontier Foundation is suing for your right to record TV programs and skip the commercials.

The online civil liberties group has filed suit in federal court in Los Angeles against more than two dozen entertainment companies on behalf of five consumers who own ReplayTV recorders, asking a judge to declare activities such as recording and fast-forwarding legal. also has an article: ReplayTV Users Sue Hollywood by Joanna Glasner. And LawMeme has a lot of useful links in its article: ReplayTV Owners Sue Entertainment Oligopoly; update: LawMeme has a followup piece: MPAA Misleads in Response to ReplayTV Lawsuit - and here's another article, this from the Washington Post: Copyfight Renewal - and GrepLaw has an article and more links: ReplayTV Users, EFF: Right Back at Ya, Hollywood; something from EFF Sues to Affirm Consumers' Use of ReplayTV Device - more from SFGate: Commercial-skipping 'thieves' sue accusers
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-REC They Know What You're Watching
[16 hits, 0 votes, Average Rating 0] [Added: 3rd May 2002]; Farhad Manjoo; May 2, 2002. 'On Thursday, Magistrate Judge Charles Eick told Sonicblue to gather "all available information" about what TV shows are copied, stored, viewed without commercials or traded using the ReplayTV 4000.' Dave Winer has something to say about this on the Scripting News: weblog entry. Slashdot also has a discussion: SonicBlue Ordered to Spy on ReplayTV Viewers - more than one, actually: Studios Forcing ReplayTV to Collect Viewing Info
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-REC Viewers may join ReplayTV lawsuit
[12 hits, 0 votes, Average Rating 0] [Added: 19th Aug 2002]

San Jose Mercury News; Dawn C. Chmielewski; August 17, 2002. A judge reverses an earlier decision. Slashdot discussion: Five PVR Users Allowed To Join Replay Court Fight - CNet News also has a story: Judge hits rewind on ReplayTV case ; SFGate's is probably the best written: Judge lets DVR users join lawsuit; Carrie Kirby; August 17, 2002.

U.S. District Judge Florence-Marie Cooper issued an order Thursday allowing Craig Newmark, creator of San Francisco-based community Web site, and four other consumers to become a party to the suit.

The ruling was a reversal from last week's tentative order, in which Cooper wrote that the case would likely resolve ``many, if not all'' of the issues consumers raise -- without their direct output.

Cooper wrote that Santa Clara-based SonicBlue, maker of the ReplayTV 4000, will probably defend features of the device that allow users to skip commercials or send shows to friends, which forms the basis of a copyright infringement case brought in October by 28 Hollywood studios and television networks.

Without consumer input, Cooper wrote, the case wouldn't necessarily resolve questions about whether specific uses -- such as transferring a TV show to a laptop to watch while traveling or using the commercial skip features to avoid exposing children to commercials -- constitutes a legally permissible ``fair use.''

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-Going After Tech, Not Tech Users
[14 hits, 0 votes, Average Rating 0] [Added: 10th Jun 2002]; Brad King; June 10, 2002. More on the Craig Burstein/User suit in the ReplayTV matter -- is avoiding commercials theft?
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-ReplayTV manufacturer challenges court order
[8 hits, 0 votes, Average Rating 0] [Added: 6th May 2002]; Simon Avery; May 6, 2002. " SonicBlue, the maker of the ReplayTV digital video recorder, will challenge a court order to track the viewing practices of customers and send the data to TV networks and film studios, the company said Friday."
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-ReplayTV on Sale Despite Suits
[10 hits, 0 votes, Average Rating 0] [Added: 29th Nov 2001]; Brad King; November 29, 2001. SonicBlue is at it again; first MP3 players, now the ReplayTV4000 video recorder.
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-Rights Group Joins Fight Against DVR Snooping Order
[13 hits, 0 votes, Average Rating 0] [Added: 15th May 2002]

Washington Post; Steven Bonisteel; May 14, 2002. "n a "friend-of-the-court" brief filed in a Los Angeles federal court Monday, the Electronic Privacy Information Center (EPIC) argued that court-order surveillance of ReplayTV users to satisfy litigious movie studious and television broadcasters would trample on the consumers' privacy rights."
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-Sonicblue Balks at Court Order
[16 hits, 0 votes, Average Rating 0] [Added: 13th May 2002]; Reuters; May 13, 2002. 'Santa Clara-based Sonicblue called the May 2 order from Central District Court Magistrate Charles Eick "breathtaking and unprecedented" and said the directive to track what television viewers watch "violates consumers' privacy rights, including those guaranteed by the First and Fourth Amendments."'
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-Sonicblue granted stay in 'spying' order
[12 hits, 0 votes, Average Rating 0] [Added: 15th May 2002]

CNet; Richard Shim; May 15, 2002. "A judge on Wednesday granted digital video recorder company Sonicblue a stay in its request to reverse an order that would force it to monitor the viewing habits of its customers." Slashdot discussion: Sonicblue Wins Stay of Spying Order
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-SONICblue WWW site
[12 hits, 0 votes, Average Rating 0] [Added: 1st Nov 2001]

Homepage of SONICblue, makers of the ReplayTV recorder and the Rio MP3 players
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-TV Networks Sue ReplayTV
[7 hits, 0 votes, Average Rating 0] [Added: 1st Nov 2001]; October 31, 2001. Links and community discussion
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