Is it broadcast, or is it networked TiVo? That’s (sort of) the question being dragged through the courts now, as Cablevision prepares to appeal a federal court ruling that stopped the New York-region provider from offering more potent DVR services to its customers.
Mark Cuban, among others, has called the studios who sued CableVision stupid for equating DVR functionality with alleged YouTube copyright infringements. And those with a more legal bent worried that the case could have wider, longer impacts, perhaps weakening the 1984 Supreme Court Betamax decision that let everyone use their VHS recorders without breaking the law.
From where we sit, trying to pin a legal definition on whether the content is located inside a box on your entertainment center or on the network seems silly; but then maybe most judges didn’t have to listen to Scott McNealy say “the network IS the computer” several thousand times for years and years.