Follow-Up: Cable News Network, Inc., et al. v. CSC Holdings Denied Cert

Last month, I discussed the potential impact of Cable News Network, Inc., et al. v. CSC Holdings, Inc, et al. To recap, a litany of studios and networks sued Cablevision for its plan to offer DVR/on-demand services where subscribers could save programs without using their at-home cable box. That is, subscribers would save the programs with Cablevision and be able to access them, commercial free, at home. Thus, the studios and networks were afraid that this added convenience would increase use of DVR and decrease the watching of programs live and, subsequently, put a serious dent into their revenues by removing commercials and the networks’ advertisements for their other programs.

The networks and studios sued Cablevision for copyright violations. After a district court held on behalf of the networks and studios, a court of appeals overturned the decision in favor of Cablevision. The networks and studios petitioned for a writ of certiorari so that the Supreme Court would hear the case. The U.S. solicitor general urged the high court not to.

Well, yesterday the Supreme Court denied cert. Although this technically does not mean the Supreme Court agrees with the court of appeals, it does mean that the court of appeals’ decision is now the binding case law on this matter. This is good news for cable providers and subscribers. Now if only I could figure out how to use my DVR…

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