Several Hollywood studios and television networks have teamed up to kill the “network DVR.” I can’t say this surprises me — in fact, back in March I wondered if the lawyers would get involved. While the distinction between recording locally versus recording remotely may appear minor, in effect Cablevision would essentially be rebroadcasting content in an “on demand” fashion which requires additional licensing fees. While some might argue a studio/network victory would be a beachhead setting the precedent to kill all DVRs, I see this more as a line being drawn in the sand… which I can live with.

Business Week says: The network DVR proposed by Cablevision would allow viewers to choose which programs they want to record. But instead of recording on a hard drive in the home, the cable company would record the shows on a central computer, then allow viewers to watch them later. Studios say the law, under “fair use,” gives consumers the right to time shift. But it doesn’t give that right to companies that license the content only for simultaneous broadcast, meaning that to store the shows and offer them on demand for a fee, companies must obtain a separate license. “Such conduct would constitute willful copyright infringement,” the lawsuit states. The companies are asking the court to issue an injunction preventing Cablevision from launching the service.

The plaintiffs in the case are News Corp.’s Twentieth Century Fox, Universal Studios, Viacom Corp.’s Paramount Pictures and The Walt Disney Co., along with broadcasters ABC, CBS Corp. and General Electric Co.’s NBC.

Never enough time…

• Eirik Solheim ponders the future of TV distribution. (eirikso)
• Constantine to be first HD-DVD with In-Movie Experience features. (HD Beat)
• Digital content goes outside the box. (Mercury News)
• Brightcove to add media formats. (Brightcove)
• TV advertising’s DVR challenge. (CNET)

Got $150 burning a hole in your pocket? ThinkGeek’s got you covered by importing this absurb, yet strangely appealing accessory. The “Nabaztag” is configured via web browser and can receive email, announce the time, communicate the weather, read RSS feeds, play MP3s, etc. English voice duties are provided by a “sprightly” British male, though you’re also free to choose the French-speaking woman. Most services are free, though customized RSS and stock quotes run $5/mo. This little guy really takes Ambient Devices Orb concept to the next level, though I’ll be passing.

As a DVR user and a guy with a short attention span, I don’t watch a whole lot of live TV. Football and Lost are about the only things I catch as they’re broadcast. Why bother posting? I want to get it on the record that 4/13 I predicted Henry Gale as a Kaiser Soze… which I expect to see revealed tonight. In fact I have a $10 bet riding on it with a work buddy.

I’m not an American Idol fan, but I happen to live with someone who is. From what I’ve seen the best performer (Chris Daughtry) has already been booted, making the show even less interesting. However, tonight’s finale is worth mentioning because this is your last chance to enter TiVo’s Idol Speculation Series3 raffle. 3pm EST is the cut off, so you might need to take a long lunch to get your entry in.

Check out this over-the-top convergence of technologies! Jim Courtney monitors PGA.com live stats while watching the action from his Slingbox and discussing it with fellow fanatics via Skype.

We haven’t heard a whole lot since the jury ruled in favor of TiVo. However, today the Rocky Mountain News reports that TiVo is seeking an injunction against Echostar. We probably won’t learn much more until after next month’s bench trial. Stay tuned…

“Each day EchoStar is allowed to continue its infringement, EchoStar takes subscribers that would otherwise be TiVo’s,” TiVo wrote in a document available on the court’s Web site. “TiVo is a small company with essentially one product — its patented DVR technology. If TiVo cannot deliver this technology, its current business will fail.”

UPDATE: This morning (5/24), Echostar responded in the form of a press release:

“We are pleased that the United States Patent and Trademark Office yesterday rejected many of Tivo’s patent claims as invalid. That reexamination ruling, together with the favorable decision from the Court of Appeals earlier this month (finding that the Texas court abused its discretion in connection with key trial evidence withheld from the jury), are steps in the right direction as we prepare our response to Tivo’s recently filed injunction motion. Similarly, the favorable U.S. Supreme Court decision last week in the Ebay patent injunction case will be considered as part of the long process ahead.”

I have no idea which patents they are referring to or if this development has any bearing on the case. Is Echostar posturing for more favorable licensing terms or are they intent on fighting the verdict?

UPDATE 2: TiVo fires back with their own press release…

“The level of misleading spin that EchoStar is putting out with respect to our patent case against them is quite extraordinary. We are pleased to
state that the USPTO issued its first Office Action in the reexamination.
The USPTO reexamined all 61 claims set forth in the Barton patent
confirming the validity of most of the claims, including two of the claims
that EchoStar has been found to have willfully infringed. In the Office
Action, the USPTO expressly rejected the invalidity arguments put forward by EchoStar. While certain of the patent claims were rejected by the patent office, this should in no way impact the jury verdict. We will now be given an opportunity with the patent office to discuss our claims which we believe should result in a reaffirmed and strengthened patent. We will provide a real understanding of how this process works on our earnings call after close of market today.”

The June edition of Wired has an interesting little article about HD hitting its stride this year. 2006 will be the first year HDTVs outsell SD analog sets. As you know, 2006 also marks the debut of HD DVD technologies… though I’m holding back. The article is relatively brief, but they do touch on a variety of topics including CableLabs, DirecTV’s HD expansion, IPTV, and the always provocative Mark Cuban. If you don’t get Wired, look for this content online June 2.