CEA Applauds Obama Administration Position in Cablevision “remote DVR” Case

Business Wire, June 02, 2009

ARLINGTON, Va. -- The U.S. Solicitor General urged the Supreme Court Friday not to accept for decision a content industry challenge to a Court of Appeals decision upholding the legality of Cablevision's “remote DVR.” The technology is functionally identical to a home DVR, and allows viewers to record programs on a remote system within Cablevision's offices. The following comment can be attributed to Gary Shapiro, president and CEO of the Consumer Electronics Association (CEA)®.

“We applaud the Obama Administration taking this early and strong position on the side of innovation and new technology and the ability of consumers to access the digital counterparts to their analog technologies. For over 20 years, the right to non-commercial recording of television programs has been protected by the Supreme Court's Betamax case. Home recording is now a near-universal consumer practice, and it has greatly benefitted – not harmed – the content industry. We urge the content industry to embrace rather than seek to hamstring digital technologies.”

In the government's brief, the Solicitor General said: “As the Second Circuit found, there was no difference between recording from a set-top box and the cable head-end . . . . For the last 30 years, consumers have been able to record televised programs and to play back the recorded programming at a later time. Respondents' proposed RS-DVR service is part of a broader transition from analog to digital recording and playback, and from business models where consumers purchase a tangible item to those where they pay for a service.”

Shapiro added: “The Administration position is a breath of fresh air and is the first time in recent memory a president has favored innovation over the content industry before the Supreme Court. More, the government's brief was clear that fair use is important and its absence (by agreement of the parties) in this case fatally infected the whole case. Further, the Administration specifically acknowledged that a commercial entity may well be supported legally by the fair use defense of its customers.”

About CEA:

The Consumer Electronics Association (CEA) is the preeminent trade association promoting growth in the $172 billion U.S. consumer electronics industry. More than 2,200 companies enjoy the benefits of CEA membership, including legislative advocacy, market research, technical training and education, industry promotion and the fostering of business and strategic relationships. CEA also sponsors and manages the International CES – Where Entertainment, Technology and Business Converge. All profits from CES are reinvested into CEA's industry services. Find CEA online at www.CE.org.

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