The battle lines are clearly drawn.
On the one hand are the service providers, who argue that cloud video recorders (or “cloud PVRs”) are in effect no different to in-home, hard drive-based set-top boxes, in that they simply enable the time-shifting and/or place-shifting by users of broadcast TV. On the other hand are the content owners, whose position has been that cloud PVR services operating without appropriate content licences amount to an infringement of their copyright. drawn. Broadcasters in the US recently petitioned the Supreme Court to block the Aereo service, whilst broadcasters in the UK were successful in getting an injunction in relation to the TV Catchup service.
This Olswang report rounds up the case law from around the world to try to establish the state of play in the market, picking up on common issues emerging across jurisdictions and considering how these issues will shape the industry as content meets the cloud.