"I conclude that Cablevision, and not just its customers, would be engaging in unauthorized reproductions and transmissions of plaintiffs' copyrighted programs," Southern District of New York Judge Denny Chin held in Twentieth Century Fox v. Cablevision Systems 06 Civ. 3990, and The Cartoon Network V. CSC Holdings, 06 Civ. 4092.
"Cablevision claims that with both, the customer is 'doing' the copying, and it points to the fact that no programer ... has ever sued Cablevision or any other cable operator in connection with its providing STS-DVRs to its customers," he said. "By extension, the RS-DVR, it argues, presents no copyright infringement."
Gregory Paul Goeckner and Simon Barsky, in-house attorneys at the Motion Picture Association of America, also represented Twentieth Century Fox.
Goeckner said on Friday he was not yet able to comment.
The Cartoon Network and CNN were represented by Cravath, Swaine & Moore attorneys Katherine B. Forrest, Anthony L. Ryan and Chelsea Teachout.
Cablevision was represented by Benjamin Hershkowitz, John C. Englander, J. Anthony Downs, R. David Hosp, Timothy A. Macht and Robert D. Carroll of Goodwin Proctor.