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Unformatted text preview: 1 THE CARTOON NETWORK LP, LLLP and CABLE NEWS NET- WORK L.P., L.L.L.P., Plaintiffs-Counter-Claimants-Defendants- Appellees, TWENTIETH CENTURY FOX FILM CORPORATION, UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP, PARA- MOUNT PICTURES CORPORATION, DISNEY ENTERPRISES INC., CBS BROADCASTING INC., AMERICAN BROADCASTING COMPANIES, INC., NBC STUDIOS, INC., Plaintiffs-Counter- Defendants-Appellees, -- v. -- CSC HOLDINGS, INC. and CABLEVI- SION SYSTEMS CORPORATION, Defendants-Counterclaim- Plaintiffs-Third-Party Plaintiffs-Appellants, -- v. -- TURNER BROADCASTING SYSTEM, INC., CABLE NEWS NETWORK LP, LLP, TURNER NETWORK SALES, INC., TURNER CLASSIC MOVIES, L.P., LLLP, TURNER NETWORK TELEVISION LP, LLLP Third-Party-Defendants-Appellees. 536 F.3d 121 (2d Cir. 2008) Before: WALKER, SACK, and LIVINGSTON, Circuit Judges. JOHN M. WALKER, JR., Circuit Judge: Defendant-Appellant Cablevision Systems Corporation ("Cablevision") wants to market a new "Remote Storage" Digital Video Recorder system ("RS-DVR"), using a technology akin to both tra- ditional, set-top digital video recorders, like TiVo ("DVRs"), and the video-on-demand ("VOD") services provided by many cable companies. Plaintiffs-Appellees produce copyrighted movies and television programs that they provide to Cablevision pursuant to numerous licensing agreements. They contend that Cablevision, through the operation of its RS-DVR system as proposed, would directly infringe their copyrights both by making unauthorized reproductions, and by engaging in public performances, of their copyrighted works. The material facts are not in dispute. Because we conclude that Cablevision would not directly infringe plaintiffs' rights under the Copyright Act by offering its RS-DVR system to consumers, we reverse the district court's award of summary judg- ment to plaintiffs, and we vacate its injunction against Cablevision. BACKGROUND Today's television viewers increasingly use digital video recorders ("DVRs") instead of video cassette recorders ("VCRs") to record television programs and play them back later at their conven- ience. DVRs generally store recorded programming on an internal hard drive rather than a cassette. But, as this case demonstrates, the generic term "DVR" actually refers to a growing number of dif- ferent devices and systems. Companies like TiVo sell a stand-alone DVR device that is typically connected to a user's cable box and television much like a VCR. Many cable companies also lease to their subscribers "set-top storage DVRs," which combine many of the functions of a standard ca- ble box and a stand-alone DVR in a single device. [*124] In March 2006, Cablevision, an operator of cable television systems, announced the ad- vent of its new "Remote Storage DVR System." As designed, the RS-DVR allows Cablevision cus- 2 tomers who do not have a stand-alone DVR to record cable programming on central hard drives housed and maintained by Cablevision at a "remote" location. RS-DVR customers may then receive playback of those programs through their home television sets, using only a remote control and a...
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This note was uploaded on 01/13/2012 for the course LAW 33800A taught by Professor Williamfisher during the Fall '10 term at Harvard.
- Fall '10