Broadcasters Warn of Apocalypse in Dish's Ad-Skipping Service
By David Kravets May 25, 2012
Broadcasters are claiming in federal lawsuits Thursday that Dish Network's DVR service, which allows the automatic skipping of commercials, breaches copyright law and retransmission agreements.
The suits by Fox, CBS and NBC are the broadcasters' latest legal salvos against technological innovations, as those advances bring into question whether broadcasters' longstanding business model can survive the digital age.
The Dish Network litigation concerns the March introduction of what the satellite company calls PrimeTime Anytime, which allows customers to record and store about a week's worth of prime-time broadcast television. And two weeks ago, the Colorado company enabled playback of those archives without users seeing commercials.
The networks are labeling it a "bootleg" service that produces unauthorized copies of their shows and say it breaches signed licensing deals. And the consequences are dire, they warn. If the courts don't block the service, it "will ultimately destroy the advertising-supported ecosystem that provides consumers with the choice to enjoy free over-the-air, varied, high-quality primetime broadcast programming," the broadcasters told the court.
In the early 1980s, the Supreme Court ruled Americans have the fair use right to time-shift lawfully obtained content for later viewing. But that was using primitive technology like the VCR and Betamax, with limited recording capabilities. The Dish service records a day's prime time lineup from ABC, CBS, NBC and Fox and stores up to 100 hours of those shows for up to eight days - all without the broadcasters' consent.
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