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Maker of digital video recorder argues for TV viewers’ privacy


SONICBlue, a provider of digital recording services for TV, yesterday asked a US court to overturn an order that requires it to monitor its customers and share the viewing data with copyright owners such as movie studios and TV networks.

The company’s ReplayTV 4000 product is a digital video recorder that works with a user’s broadband internet connection. This is part of the product’s description: “share video with friends over the internet, stream video room-to-room over your home network, choose to automatically skip the commercials while watching recorded shows.”

The company has said that, while its contract with users gives it the right to monitor use, it chooses not to. The company was sued by media giants including Disney, Paramount, Universal, MGM, CBS, ABC and NBC. To establish a copyright infringement case against the company, they argue that they need the usage data, such as the commercials skipped or the files transferred on-line.

Earlier this month, a court ordered SONICblue to monitor user activities and provide the data. The company described the ruling as “breathtaking and unprecedented” and a violation of consumers’ privacy rights. Disney retaliated: “None of the data [we] are seeking identifies any individuals… we are simply protecting our copyrighted content and all whose livelihoods are dependent on it.”

SONICblue yesterday asked a court to overturn the order, saying “the information that has been ordered to be collected and disclosed... is at the core of consumers’ expectations of privacy.” If its attempt fails, the company will be forced to develop and implement monitoring software.

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