CEA and Leading Tech Groups Support the Dish Hopper

Hopper Clearly Protected under the Supreme Court's "Betamax Doctrine"

ARLINGTON, Va.--(BUSINESS WIRE)--Last evening, the Consumer Electronics Association (CEA^®), along with the Computer and Communications Industry Association and the Internet Association, filed a joint amicus brief in the U.S. Court of Appeals for the Ninth Circuit in support of Dish Networks (“Dish”). Dish is being sued by broadcasters who claim the “Hopper,” a digital video recorder with ad-skipping technology violates copyright law as it allows recording and playback of programming 24-hours later without commercials. CEA believes that the Dish Hopper DVR is fully covered by the Supreme Court’s ruling in Sony Corp. of America v. Universal City Studios Inc. As the brief states, “[R]ecording for personal, private viewing does not infringe; nor does declining to watch commercials. … There is simply no precedent for finding consumer copyright liability where, as here, recordings stay in the home, are made portable, or otherwise remain under the control of the consumer who made them.”

“[R]ecording for personal, private viewing does not infringe; nor does declining to watch commercials. … There is simply no precedent for finding consumer copyright liability where, as here, recordings stay in the home, are made portable, or otherwise remain under the control of the consumer who made them.”

The following statement can be attributed to CEA President and CEO Gary Shapiro:

“Almost 30 years ago, the U.S. Supreme Court ruled in Sony that personal, private non-commercial use of video programming is legal, and products that have significant legal uses may not be blocked by copyright owners. Today, broadcasters seek to reverse this Supreme Court decision and kill what is essentially a new generation of VCR. The Hopper is more convenient to use and has more storage capacity, but has the same essential function – it allows viewers to time-shift and watch television programming at their convenience. The simple fact is, making television easier to watch is not against the law. It is simply pro-innovation and pro-consumer.

“With this lawsuit, the Hopper joins the Betamax in the long list of products that entrenched industries have insisted would harm them. In reality, the VCR, the DVR, the SlingBox and other innovative consumer technology products have expanded the market for content and presented ninja content innovators with new business opportunities.

“The Hopper is an exciting new product that will make television viewing easier and likely encourage viewers to watch more TV. The editors at respected technology website CNET even named the most recent iteration of the Hopper ‘Best of CES’ (although CNET's parent company, broadcaster CBS, forced them to lie about and rescind the award). Broadcasters should try innovating rather than litigating, and proactively offer their viewers the best and most up-to-date television experience that includes enabling consumers to view their favorite programs when, where and how they want.”

About CEA:

The Consumer Electronics Association (CEA) is the preeminent trade association promoting growth in the $209 billion U.S. consumer electronics industry. More than 2,000 companies enjoy the benefits of CEA membership, including legislative advocacy, market research, technical training and education, industry promotion, standards development and the fostering of business and strategic relationships. CEA also owns and produces the International CES – The Global Stage for Innovation. All profits from CES are reinvested into CEA’s industry services. Find CEA online at www.CE.org, www.DeclareInnovation.com and through social media: https://www.facebook.com/#!/CEAfeed, http://twitter.com/ceafeed, http://blog.ce.org/.

UPCOMING EVENTS

• Economic Retreat
  March 8-10, 2013, Snowmass, CO
• CES on the Hill
  April 16, 2013, Washington, D.C.
• Technology & Standards Spring Forum
  May 20-24, 2013, Denver, CO
• CE Week
  June 24-28, 2013, New York, NY
• 2013 CEA Industry Forum
  October 20-23, 2013, Los Angeles, CA