EFF's ReplayTV suit ends

About a year and a half ago, the EFF along with five plantiffs (including Craig from Craigslist.org) brought about a suit against Hollywood studios in order to defend their rights to continue using ReplayTV, after the same companies sued ReplayTV (which eventually lead SonicBlue, ReplayTV's former owner, to bankruptcy).

Today, the 28 Media companies named in the suit agreed not to sue ReplayTV users, thus ending the EFF's case. Since this was a voluntary and early ending thanks to the media companies backing down, the court didn't rule that it was unlawful for them to sue in the future, though they have left a provision of protection to other ReplayTV owners in case Hollywood changes their mind.

The money quote:

"Skipping commercials is not illegal and neither is sending television shows from your home to your office, as one of our clients does," said EFF Staff Attorney Gwen Hinze. "We're pleased that we were able to protect our clients against unjustifiable copyright claims for exercising their fair use rights."

[thanks Steve]

Comments

[Lucas]

The post gives the impression that ReplayTV is a bankrupt company, which is not true.

Quick correction:
"the same [Hollywood] companies sued SonicBlue [then owner of ReplayTV] (which eventually led to SonicBlue's bankruptcy)"

SonicBlue's ReplayTV assets were bought off by Digital Networks NA at the bankruptcy sale. http://replaytv.com/

[Matt Haughey]

You're right, I'll correct this. I mention it in case anyone wanted to know how the original suit turned out. The newly purchased company has indicated that future ReplayTVs may not skip commercials or share programs with others, so Hollywood got what they wanted out of these suits.

[Scott Johnson]

The newly purchased company has indicated that future ReplayTVs may not skip commercials or share programs with others, so Hollywood got what they wanted out of these suits.

That sucks. But at least the existing customers are protected.

[Marc Canter]

Wow! Bummer. I've been waiting years for a precedent case to establish fair use rights with TV shows and recorded movies.

Now we're back to square one.

But a giant thanks goes out to Craig Newmark and the EFF.

[Lucas]

Well, the 5500 models of ReplayTV do not have the automatic commercial advance feature as the 5000 models did, but they can "navigate shows" using a one-button function with the gimmicky name of Show|Nav (check their website for a description). Show sharing is 100% gone on the newer ones (5500), though.

Thanks for correcting the post, btw.

[cheapbastard]

I think this will ultimately lead to commericals during the show broadcast. Actually, it's already happening. I just got digital cable, and the nifty tv-guide programming menu that hovers at the bottom of the screen carries ads for american express, sears, etc.. To tell you the truth, my brain automatically skips commercials anyway.. I usually tune-out between breaks.

[gambit]

I just got a ReplayTV 4XXX and I think it's just wonderful. A few days after I was surfing the net and found articles about the law suit but there was also a petition or some kinda sign up for people who want to get involved to make these features available for other models but now I can't find anything about those sites can you please direct me?

[john p]

Commercials are a stupid waste of time. I am so fed up with commercials that I quite my subscription to Dish Network and will never subscribe to any programming that has commercials again!