5-Nov-01

CEA Expresses Concerns Over SONICblue Lawsuit

Claim Appears To Pose Attack On Fair Use Rights

The following statement was issued by Consumer Electronics Association (CEA) President and CEO Gary Shapiro in response to a copyright infringement lawsuit filed by numerous broadcast networks against SONICblue, a CEA member: ""We will be monitoring this lawsuit very closely because it has many troubling implications. This suit does appear to pose a direct attack on consumers' long-established fair use rights to record free over-the-air broadcasting for later viewing. It seems to reflect a strategy of litigating against technology, rather than creating new ways to embrace it. A legitimate concern over Internet retransmission of content must not be used as a Trojan Horse to roll back established recording and fair use rights in the home; nor should it be assumed that consumers are irresponsible in the use of material delivered into their homes. ""The device in question is a personal video recorder (PVR) that allows viewers to skip past commercials in stored programming. The plaintiffs now appear to claim that commercial skipping, which consumers have done through a variety of methods (including changing the channel), violates their copyright. Consumers have always been able to fast forward through commercials on current analog VCRs. For years, some VCRs have had a 'commercial skip' function. Getting down to this level of functionality seems to be a direct attack on the Supreme Court decision, in the Betamax case, that staple articles of commerce that are capable of 'substantial non-infringing uses' may legally be distributed to consumers."" For more information about the CEA, visit www.ce.org.