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Cloud PVR litigation: The Cablevision case in the USA

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09/07/2014
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This article was produced by Olswang LLP, which joined with CMS on 1 May 2017.


The Service

Cablevision

Service Description

Cablevision streamed their existing digital TV service onto a second server, which identified requested content then copied and streamed this content onto permanent storage for later retrieval. Content requested by a particular user was stored separately and independently for that user and replayed only to the user who requested it.

The Case

Cablevision was sued by a consortium of TV and movie copyright holders including Fox, Universal and Disney, who were initially successful. However, on appeal, the service was held not to infringe copyright on the following grounds:

  • The content held on Cablevision's storage buffer was only held for a transitory duration (1.2 seconds) and therefore did not constitute copying under US copyright law.
  • The copies held on Cablevision's servers were made by the users as the recording was carried out at their request
  • There was no "public performance" of the content as each viewer made a separate copy of the content for individual use

Status

Judge in favour of the service provider.

For a complete overview of PVR litigation cases around the world, please see our Content meets the cloud report.

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