2nd UPDATE:High Court Clears Way For Cablevision DVR Service
June 29 2009 - 2:10PM
Dow Jones News
The U.S. Supreme Court refused Monday to consider a legal
challenge by television networks and Hollywood studios to
Cablevision Systems Corp.'s (CVC) next-generation digital video
recorder, clearing the way for the cable company to offer the new
service this year.
The networks and studios argued that Cablevision's new
remote-storage DVR violated federal copyright laws.
Cablevision's service would allow customers to record and store
television shows on central computer servers maintained by
Cablevision instead of having to record them on expensive DVR cable
boxes installed in their homes.
Cablevision says the system would allow it to provide DVR
services at lower costs, which could lead to a rise in new
subscribers to a technology that allows viewers to watch programs
whenever they choose and to skip commercials while they do so.
Cablevision's chief operating officer, Tom Rutledge, said the
high court's decision not to hear the case was a tremendous
victory. However, he added, "We are mindful of the potential
implications for ad skipping and the concerns this has raised in
the programming community."
Rutledge said the company believed there were ways to work with
programmers to give the new technology to customers "and at the
same time deliver real benefits to advertisers."
Among those that sued to block Cablevision's service were
General Electric Co.'s (GE) NBC; CBS Corp. (CBS); Walt Disney Co.'s
(DIS) ABC; and News Corp.'s (NWSA) Twentieth Century Fox.
News Corp. owns Dow Jones, publisher of this newswire and The
Wall Street Journal.
The media companies argued that Cablevision's new service would
illegally copy their programs without a license. A New York federal
trial judge agreed in 2007, giving the challengers an initial legal
victory. The 2nd U.S. Circuit Court of Appeals, however, overturned
that ruling last summer and sided with Cablevision.
The 2nd Circuit said that the remote-DVR service was not that
different from a VCR and that Cablevision was not directly liable
for copies of programs that are made at a customer's request.
The Supreme Court, without comment, chose Monday to leave that
ruling in place.
Leading music companies, publishing organizations and
professional sports leagues all filed friend-of-the-court briefs
supporting the television networks.
The case is Cable News Network Inc. v. CSC Holdings Inc.,
08-448.
In other Supreme Court news Monday:
- The high court rejected a challenge to a New Hampshire law
that bars the sale of doctors' prescription data to drug companies,
which use the information to target their sales pitches to
physicians.
State officials said the law protected the privacy of doctors
and patients and helped control health-care costs on expensive
brand-name drugs.
Data mining companies IMS Health Inc. (RX) and Verispan LLC
argued that they had a First Amendment right to publish the
information. A federal appeals court in Boston upheld the state's
law last year. The case is IMS Health v. Ayotte, 08-1202.
-The justices rejected a banking industry challenge to
California regulations that restrict the ability of financial
institutions to share customer information among affiliates without
first giving individuals the ability to opt out. The American
Bankers Association and other industry groups challenged the 2003
California law, arguing federal regulations governing use of
customer information trumps the state rules. The 9th U.S. Circuit
Court of Appeals in San Francisco said California's regulations
didn't overlap with the federal Fair Credit Reporting Act. The case
is American Bankers Association v. Brown, 08-730.
- By Brent Kendall, Dow Jones Newswires; 202-862-9222;
brent.kendall@dowjones.com
(Mark H. Anderson contributed to this report.)