ReplayTV owners part of lawsuit

08/22/2002

By DOUG BEDELL / The Dallas Morning News

A federal judge in Los Angeles has included ReplayTV owners as plaintiffs in a copyright infringement lawsuit.

The suit seeks to protect technology that allows consumers to skip commercials and share recorded programming over the Internet.

U.S. District Judge Florence-Marie Cooper combined the lawsuit, filed by the Electronic Frontier Foundation on behalf of the consumers, with one filed by Sonicblue, maker of the ReplayTV 4000. The judge denied an entertainment industry motion to dismiss the EFF lawsuit.

The 27 Hollywood movie studios and television networks say that the new ReplayTV model allows copyright infringement on their properties. But five owners of the personal video recorder and the EFF contend that skipping commercials and sharing of stored programming are fair use.

Television industry plaintiffs say the PVR could cause them financial damage if ReplayTV owners are allowed to avoid recording commercials while recording their broadcasts.

The consumers note that Hollywood subjected Sony's Betamax to the same legal challenges and lost in a 1984 U.S. Supreme Court decision.

Shark attack image on the prowl again

Don't worry. That scuba diver supposedly being attacked by a shark while dangling from a low-flying helicopter is just fine.

Millions of this "Photo of the Year" image are being passed off as real in a resurgence of a year-old hoax. They arrive in e-mails embedded in a Word document entitled "And You Think Your (sic) Having a Bad Day at Work."

Urban Legends guide David Emery reports the image is actually a composite of a leaping great white shark superimposed on top of an actual National Guard sea rescue exercise in San Francisco Bay.

A similar, less adept photo composite made big waves last year after some well-publicized shark attacks along the Florida coast. Mr. Emery says the latest version began zipping around the Internet exactly a year after an 8-year-old girl was mauled by a shark near Pensacola Beach, Fla.

Junk mailer slaps foe with attorney's fees

Washington state's anti-spam laws allow residents to recover up to $500 for each piece of junk e-mail received. But the state's statutes apparently can be used by accused spammers to torment those who use it.

A Seattle man who has been filing lawsuits against out-of-state spammers has been socked with a $7,000 judgment to cover one target's attorney fees, the Seattle Times reports.

The judgment was entered after a state district judge, citing jurisdictional concerns, dismissed a case brought by Joel Hodgell against a Florida man known for sending out mass mailings promoting anabolic bodybuilding supplements.

Mr. Hodgell has pledged not to pay the judgment and to refile the case at a higher level.

Net notes

Consumers may be shelling out less for their computers, but a new survey shows they are increasingly unhappy with the customer support they receive after purchase. A recent Web site poll by Consumer Reports magazine shows customer satisfaction with technical support is down across the industry.

Yahoo has introduced a new version of its instant messaging program that improves Webcam support for real-time video communication. With the added features of Yahoo Messenger Super Webcam, the company hopes to distinguish itself from IM rivals America Online and Microsoft.

Compiled from staff and wire reports