Introduction
The case of Cartoon Network LLP v. CSC Holdings, Inc., 536 F.3d 121 (2d Cir. 2008), commonly referred to asthe “Cablevision Case,” is a landmark decisionheld in U.S. copyright law. It addressed critical issues concerning Digital Video Recording technology and its implications on copyright infringement. This case especially concerned itself with the Reproduction and Public performance rights under the Copyright Act of 1976. The decision made in favour of Cablevision significantly impacted the evolution of cloud-based DVR systems and streaming technology, establishing legal precedent for the storage and transmission of content throughout the digital era.
Operation of RS-DVR
In 2006, Cablevision announced the advent of new RS-DVR service, adding to its high-speed Internet, digital cable TV, and digital phone services. RS-DVRs are different from traditional STS-DVRs because users don’t need to install devices or wiring in their homes instead they use a remote control and a set-top receiver. This service allows live recordings to be made and stored by the RS-DVR provider, which analysts expect could significantly grow the DVR market. Cablevision’s RS-DVR provides each user to create and view their copied programs at their own convenience. Under the new RS-DVR, single stream of data split into two streams. The first stream is sent directly to customers as before. The second stream goes to a device called the Broadband Media Router (BMR), which buffers and reformats the data before sending it to the Arroyo Server (Secondary Buffer). This server has two data buffers and several high-capacity hard disks. The data first enters the primary ingest buffer retains up to 1.2 seconds, where the server checks for recording requests from customers. If a request is initiated, then data moves to a secondary buffer (Arroyo server) and then to a hard disk storage space on Cablevision’s computer for future playback. The customer can request that recorded content for later viewing. However, Cablevision has no licenses to create buffer or playback copies, leading copyright owners to argue that the service violated their copyrights.