FC: Net-recording of broadcasts just like a VCR, legal brief says

[Declan McCullagh <declan () well com>]

**********

From: "techfirm.com" <ira () techfirm com>
To: <declan () well com>
Subject: RecordTV.com Case Status and Counterclaim
Date: Sun, 9 Jul 2000 21:50:20 -0700

Declan,

Enclosed for your review is a link to our answer and counterclaim (which we
filed in Federal Court late Friday) in the MPAA/RecordTV.com litigation.

www.techfirm.com/briefs/answer.pdf

In our counterclaim we are asking the Court to declare that RecordTV.com's
Internet "VCR" models are lawful. Time shifting of television recording was
specifically approved by the United States Supreme Court in the Sony
"Betamax" case. Sony was allowed to monetize their VCRs and RecordTV.com
should be allowed to monetize their online VCRs - especially when it leads
to more eyeballs viewing network television shows and their ads. We believe
that there is no material difference between a physical VCR (like in the
Sony case) and a VCR created entirely in software code on the internet (like
in our case). The notion that storage of a show is done on a RecordTV.com
secure server rather than on a local hard drive (like TIVO) is not a
material difference - especially when a person has access to only the shows
they recorded. We believe that in Cyberspace the Motion Picture Industry
should not be allowed to own both the content and the VCR.

Ira P. Rothken, Esq.
ROTHKEN LAW FIRM
ira () techfirm com
www.techfirm.com
415-924-4250



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