More Media Dial-Up Citations

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mediatechnology
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More Media Dial-Up Citations

Post by mediatechnology » Mon Jun 29, 2009 9:26 pm

The list of Infinity Broadcasting v. Wayne Kirkwood dba Media Dial-Up citations keeps growing...

I just heard on the news that the High Court had refused to hear the studio's case against Cablevision's DVR service:

http://online.wsj.com/article/BT-CO-200 ... 11145.html (WSJ story no longer available.)

I wondered if they had cited Infinity v. Kirkwood. Turns out they had. Sometimes the pioneers are the first to take the arrows:

Infinity v. Kirkwood: http://www.google.com/search?hl=en&q=in ... f&oq=&aqi=

Infinity v. Kirkwood Cablevision cites: http://www.google.com/search?hl=en&q=in ... f&oq=&aqi=

At least Cablevision "won," with the Supreme Court refusing to hear the studio's case. Glad to be able to set some precedent...

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Re: Now I've Been Cited in the Cablevision Supreme Court Case

Post by emrr » Tue Jun 30, 2009 1:42 am

oh, the fun that must have been.
Best,

Doug Williams
Electromagnetic Radiation Recorders

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mediatechnology
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Re: Now I've Been Cited in the Cablevision Supreme Court Case

Post by mediatechnology » Tue Jun 30, 2009 5:54 am

It was quite a bit of fun to beat, as a pro se, one of the top law firms in the country at the District Court level. I "lost" on appeal in the Second Circuit however with the case remanded back to District Court for consideration of additional issues. The later District Court judgment, a whopping $1500 and the statutory minimum, was never collected by the plaintiff.

I did pre-Internet "place shifting" for radio much like SlingBox does for video using remote-controlled radios and telephone back-haul. My clients included Infinity Broadcasting itself (the CBS division), ABC, Sony, Premiere Radio Networks, WSB-AM, a few advertisers and SESAC.

I offered a research tool and never actually copied anything relaying only live broadcasts. Infinity was never able to demonstrate any financial harm or "usurping of demand." The usurped demand was for plane tickets. It was also ironic that one division was using my service (CBS) and another (Infinity) spending large sums of money to make it stop. With no other broadcaster taking issue one had to ask "Why did Infinity care?" Things are not always as they appear...

The MPAA, RIAA, Mel Karmazin and the like are far too heavy-handed extending copyright law to the point of preventing legitimate fair use. People need to stand up to them. Cablevision won on appeal and I'm happy for them. If I had to do it all over again (and won't because radio is dying a slow death) I'd cite Cablevision. Sometimes you win, sometimes you lose. Yes, it was great fun and "character building."

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Re: Now I've Been Cited in the Cablevision Supreme Court Case

Post by mediatechnology » Tue Jun 30, 2009 8:46 am

I e-mailed the lead attorney representing Cablevision to congratulate him for standing up to the copyright bullies. He made a very interesting comment that I'm not able to share. But wow, check out the number of books that cite it:

http://books.google.com/books?lr=&q=inf ... =N&start=0

I was told early on that I was crazy for not just folding. LMAO :D

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Re: Now I've Been Cited in the Cablevision Supreme Court Case

Post by JR. » Tue Jun 30, 2009 3:01 pm

Welcome to the big time...

I heard there was some kind of IP decision percolating in the Supreme court, I thought it was about patents but maybe this was it. Interesting that Sotomayer's New Haven firefighter ruling got overturned.

I recently got contacted by Peavey's lawyer because they are suing Behringer over ripping off one of my patents (the blinky lights in graphic EQ showing where feedback is). I gave them my opinion, but i'll leave it to the lawyers to wrestle with the other lawyers. it looks like infringement to me, but we'll have to see if other's think like I do... a scary concept.

JR

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Re: Now I've Been Cited in the Cablevision Supreme Court Case

Post by mediatechnology » Tue Jun 30, 2009 3:07 pm

JR. wrote:Welcome to the big time...
Well it didn't feel like it at the time I can assure you. Now I can laugh about. I suppose that if you wind up losing its better to lose to the best and have them write a book about it. :geek:

http://cyber.law.harvard.edu/publicatio ... ners_Guide

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Re: Now I've Been Cited in the Cablevision Supreme Court Case

Post by JR. » Tue Jun 30, 2009 3:18 pm

If you have to lose in court at least you didn't get Madhoffed (150 years in the gray bar hotel).

JR

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Re: Now I've Been Cited in the Cablevision Supreme Court Case

Post by mediatechnology » Tue Jun 30, 2009 3:22 pm

Yeah, the main thing they wanted was injunctive relief. They never asked for their $1500 award.

Even the settlement ordered by the judge was cited in NFL v. Prime 24. They took my $500 per alleged act and sought $200 each for theirs. Talk about lowering the bar... :)

He denied them their fees too...That's when I decided not to appeal en banc.

The offending hardware is here: http://www.picocompressorforum.com/foru ... f=12&t=280

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Re: Now I've Been Cited in the Cablevision Supreme Court Case

Post by JR. » Thu Jul 02, 2009 8:56 am

FWIW TIVO stock opened down 15% this morning... currently down 12%+

JR

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Re: Now I've Been Cited in the Cablevision Supreme Court Case

Post by mediatechnology » Thu Jul 02, 2009 9:16 am

Interesting observation John.

One of the factors driving Cablevision to provide the service was the ability to offer customers DVR capability without having to do a truck roll or have the customer and company install "costly" premises equipment.

With TIVO having made peace with the copyright holders, Cablevision argued on appeal (of the District Court decision) that it really didn't matter where the DVR "box" was situated. Apparently a key element was that the "buffer copy" of the broadcasts was deleted 1.2 seconds after playout to the customer.

In Infinity v. Kirkwood there was no "buffer copy." Both are examples of place-shifting. In "CableVision" there was a transient copy, in Infinity it was ephemeral. Though it wasn't a significant element the primary difference is that CableVision was "in-market" free broadcasts and Infinity "out-of-market."

What's odd about CableVision is that paid-for channels like HBO, CNN etc being "recorded" are already being compensated by the subscriber for use of their material. In the case of Infinity, the material was over-the-air free already. Curiously Infinity claimed no financial injury - none - and were offered compensation which they refused. They just wanted it to stop. Hmm...

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