FC: Federal judge says ReplayTV doesn't need to collect viewing data

From: Declan McCullagh (declanat_private)
Date: Sun Jun 02 2002 - 10:33:08 PDT

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    Previous Politech message:
    "SonicBlue ordered to track ReplayTV users' viewing choices"
    EPIC's Megan Gray wrote this amicus brief:
    The Washington Post, June 01, 2002
    Copyright 2002 The Washington Post
    The Washington Post
    June 01, 2002, Saturday, Final Edition
    LENGTH: 281 words
    HEADLINE: Studios Lose Court Skirmish; TV-Recorder Maker Doesn't Have to 
    Collect Data on Viewers
    BYLINE: Joyzelle Davis, Bloomberg News
    -- A federal judge overturned a magistrate's ruling ordering Sonicblue 
    Inc., the maker of ReplayTV recording devices, to turn over data on its 
    customers' viewing habits to major film studios and television networks.
    The media companies contend that the ReplayTV recorders violate copyright 
    law by letting viewers share video over the Internet and skip commercials 
    when viewing TV shows. But Sonicblue, joined by privacy advocates, argued 
    the original order constituted an unnecessary invasion of consumers' privacy.
    U.S. District Judge Florence-Marie Cooper acknowledged those concerns, 
    although she overturned the order on the basis that it "impermissibly" 
    requires Santa Clara, Calif.-based Sonicblue to create data that doesn't 
    currently exist.
    Sonicblue "would be required to undertake a major software development 
    effort, incur substantial expense, and spend approximately four months" to 
    gather the required information, Cooper wrote in an eight-page order. She 
    said the plaintiffs could get the same information through a survey.
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