Woo! EFF and several ReplayTV customers are suing to establish the legality of their use of ReplayTV devices.
Responding to both the lawsuit brought against ReplayTV and the industry's public claims that these actions are "theft," five customers, represented by the Electronic Frontier Foundation (EFF) and Ira Rothken of the Rothken Law Firm in San Rafael, filed a federal lawsuit in Los Angeles asking the court to rule that their use of the ReplayTV device is legal under copyright law.
"The studios are using their copyrights as an excuse to control what individuals do with their own property in the privacy of their own homes," said EFF Intellectual Property Attorney Robin Gross.
"Rather than encourage innovation and provide customers with an experience worthy of attention, Hollywood intends to outlaw a new and promising technology," commented EFF Senior Intellectual Property Attorney Fred von Lohmann. "It's just as alarming as the Betamax case of the 1980s when Hollywood tried to ban VCRs."
"These Hollywood guys want to stop me from using my digital video recorder like I use my VCR, like for watching shows when I want or zipping through commercials," explained Craig Newmark, craigslist.com community founder, ReplayTV user, and plaintiff in the case. "I want to give my nephews and nieces a break from the rampant consumerism on TV by using ReplayTV's commercial skipping feature."
And Hollywood has already started issuing official, dismissive FUD about it:
This suit is nothing more than a publicity stunt. This complaint mischaracterizes the nature of the case against SonicBlue and ReplayTV. Our lawsuit is against SonicBlue and ReplayTV – not individual users. We have never indicated any desire or intent to bring legal action against individual consumers for use of this device.
SonicBlue and ReplayTV were aware that they were stepping over the line of legality when they made and marketed this device. Any complaint that consumers may have is with SonicBlue and Replay.
You know you're doing the right thing when studio execs go out of their way to tell the world that there's nothing to see here, move along.
(Thanks, Robin!)
