The Electronic Frontier Foundation is representing owners of ReplayTVs in a new lawsuit against most of Hollywood. The lawsuit seek a declaration that the use of ReplayTVs to skip commercials and share programming is legitimate. Read the press release (ReplayTV Users: "We Are Not Thieves": Customers Defend Right to Digital Recording) or the complaint (EFF Newmark, et al., v. Turner Broadcasting System, Inc. et al. Court Complaint). Bookmark the case homepage ("DIGITAL BETAMAX": Replay TV Owners Stand Up to Hollywood to Defend Digital VCR's).
One of the nice things about the case is that the first named defendant is Turner Broadcasting, home of Jamie "Some tolerance for natural functions" Kellner. Moreover, throughout the brief, the Hollywood defendants are referred to as the "Entertainment Oligopoly".
The reason for this lawsuit is that the Entertainment Oligopoly has already brought suit against SONICblue, manufacturer of ReplayTV, under theories of vicarious and contributory copyright infringement. In other words, while the Entertainment Oligopoly concedes that SONICblue doesn't directly violate copyright, the EO asserts that SONICblue encourages and assists others in violating copyright. In order to find SONICblue guilty, however, the court will have to first conclude that users of ReplayTV are infringers of copyright. After all, how can you encourage and assist others in committing a crime if there is no crime? Thus, this lawsuit is an attack on that aspect of the SONICblue case. It is a pre-emptive strike against any finding that ReplayTV owners are a bunch of thieves.
The complaint also notes that the Entertainment Oligopoly has accused ReplayTV owners of heinous crimes and has attempted to monitor their viewing habits in an attempt to stifle fair use and First Amendment rights.
Of course, the fact that the already purchased ReplayTVs will become much less useful if SONICblue loses its case is also a reason for the lawsuit. It should also be noted that SONICblue its ReplayTV subsidiary are named as defendants, though they are not part of the Entertainment Oligopoly. Apparently, part of this case is to prevent SONICblue from selling out the existing owners of ReplayTVs in a settlement.
The lead plaintiff in the case is Craig Newman of Craig's List.org, a popular San Francisco Bay community website.
Previous, related LawMeme coverage:
Top Ten New Copyright Crimes
Kellner's Contract Named
Study: PVRs Not Necessarily the Death of TV Advertising
ReplayTV Not Required to Spy on Consumers Says Judge
ABC, NBC, CBS Sue ReplayTV