DVR Service Infringes Copyright

Eric Goldman comments on 20th Century Fox v. Cablevision, in which Cablevision unsuccessfully defended its  DVR service on the basis that its customers were doing the recording, even though the recording equipment was located in Cablevision’s facilities.  "Does it really matter if the hardware is in the users’ possession or operated as a service for their benefit?" Goldman asks.  According to him, "It shouldn’t!"