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Cartoon Network, LP v. CSC Holdings, Inc.
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Cartoon Network, LP v. CSC Holdings, Inc. : ウィキペディア英語版
Cartoon Network, LP v. CSC Holdings, Inc.

''Cartoon Network, LP v. CSC Holdings, Inc.'', 536 F.3d 121 (2d Cir. 2008),〔''(Cartoon Network, LP v. CSC Holdings, Inc. )'', 536 F.3d 121 (2d Cir. 2008).〕 was a United States Court of Appeals for the Second Circuit decision regarding copyright infringement in the context of digital video recorders. Among other reasons, it is notable for disagreeing with the Ninth Circuit's holding in ''MAI Systems Corp. v. Peak Computer, Inc.'', regarding whether a momentary data stream is a "copy."
In the case, Cablevision, a cable television provider, sought to create a hosted DVR (Digital Video Recorder) service. A consortium of copyright holders in the television and film industries sued for direct copyright infringement on the grounds of unlawful copying and public performance. The appeals court found that a) the automated copying of content at user request did not constitute direct infringement, b) Time shifting, or replaying content to the original audience, did not constitute public performance, and c) the copying of streaming content for the purposes of buffering did not itself constitute unlawful copying.〔
== Background Information ==
Around March 2006, Cablevision, a cable television provider, announced the development of a "Remote Storage DVR" (RS-DVR). Similar in operation to a traditional digital video recorder (DVR), Cablevision's DVR allowed customers to pause, record, and replay and/or rewind previously recorded content. Unlike traditional DVRs, which require an appliance containing a hard drive to be placed in the home of the subscriber, the Cablevision DVR stored content on servers at Cablevisions broadcast facilities. To implement the DVR service, Cablevision streamed their existing digital television system through a second server, which identified requested content, then copied and streamed this content onto permanent storage for later retrieval. At various points in the system, content was buffered for periods of several seconds (0.1 and 1.2 seconds respectively). Notably, content requested by a particular user was stored separately and independently for that user and replayed only to the user who requested it. Cablevision announced their intention to release the service and were sued for direct copyright infringement by a consortium of television and movie copyright holders including Turner Broadcasting and its subsidiaries Cartoon Network and CNN; Twentieth Century Fox; NBCUniversal subsidiaries NBC and Universal Studios; Paramount Pictures; Disney and its subsidiary ABC; and CBS. The consortium sued only for declaratory relief and injunctive relief on the grounds of direct copyright infringement, excluding from consideration the topic of contributory copyright infringement. In their response, Cablevision waived any defense based on fair use.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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