Last Friday, Public Knowledge joined the Electronic Frontier Foundation and the Organization for Transformative Works in filing a friend of the court brief arguing that home recording on a digital video recorder is just as legal as home recording has been for the last thirty years.
The case, being heard before the Second Circuit Court of Appeals in New York, involves television studios and broadcasters suing satellite company DISH for offering a DVR with features like the ability to skip commercials.
The following can be attributed to Sherwin Siy, Vice President of Legal Affairs for Public Knowledge:
“This is a simple case, based on pretty much the exact same premises that the Sony Betamax case was decided on thirty years ago. The fact that we can program home recording devices in new ways doesn’t change the basic fact that home recording is fair use.
“The Ninth Circuit recently concluded its look at this exact same technology, and has allowed DISH to continue operating its DVR, just like the district court here.”
Public Knowledge has filed briefs supporting the legality of the DISH DVR in the district court and in the Ninth Circuit decision.
Members of the media may contact Communications Director Shiva Stella with inquiries, interview requests, or to join the Public Knowledge press list at shiva@publicknowledge.org or 405-249-9435.