Victory in Cablevision DVR Case...For Now

Several cable networks filed a suit two years ago that attempted to stop U.S. cable operator Cablevision from creating a network digital video recorder (DVR). The product would allow Cablevision customers to record programming onto a central network in the home rather than to the cable box itself. Naturally, the protests echo two words we've heard many times before in the consumer electronics arena: unauthorized reproduction. Not to mention that customers will continue to be able to skip through commercials, making it that much more difficult to sell advertising between programming.

The argument that such a DVR would be "reproducing" work is, in my opinion, ridiculous. The customer would be storing and/or "reproducing" the content for use in his own home; maybe to watch at a later date, maybe to watch two or three times, and yes, probably to watch while flipping past the commercials. Either way, it's like he's taking a CD in playing it in the stereo in his living room versus his portable Walkman. Does it really matter where or how he enjoys the content if he's paid for it?

The latter point about skipping over TV commercials is one that has become a real bone of contention in the TV world. But many networks have, rather than sit with their arms folded and bottom lips in the pout position, picked up on new and more clever ways to incorporate advertising within the actual content rather than in between it. This ranges from blatent product placements (even more so than usual), to in-show, one-minute rants about a product. I've even seen entire movie trailers being shown during a TV program, and touted as an "exclusive first look". Really, you're being tricked into thinking that by watching this show, you get to see this trailer while no one else does. But in actuality, you're watching a commercial without even knowing it!

The reality is that, despite the pushback from networks who insist upon getting rid of new technology devices like the DVR in question, traditional TV advertising as we know it simply won't continue forever. While some might frown upon the in-show ads, we do need to understand that someone or something needs to pay the bills. Some actors, like daytime talk show host Ellen Degeneres and nighttime talk show host Jimmy Kimmel, have even been said to add humour to the product pitches so that they become part of the program in a seamless and entertaining way.

We can certainly expect the networks involved to appeal the New York court's decision that overturned the ruling, and will essentially let the product be made. Nevertheless, the Financial Times cites Cablevision as saying that it will "waste no time in rolling out the technology."

While this case only pertains to laws in the U.S., it could certainly spill over to places like Canada, where we have our own battles with copyright law, DRM restrictions, and unauthorized (or perceived to be unauthorized) content reproduction.

TiVo is Here!

I've always wanted TiVo, and to be honest, I'm not quite sure why. I have a set-top box at home with a built-in PVR that lets me record TV programming on the fly, set future recordings, and pause, rewind, and fast forward live TV. But yet I've always wanted one of those "cool" TiVo's that they talk about on American TV all the time. Maybe it's sort of like the iPod vs. every other portable audio player on the market. They all essentially do the same thing: let you listen to digital tunes (and sometimes video) while on-the-go, or through a home audio system or separate speakers. But the iPod arguably does it best, with an easy-to-use, and quite sexy interface. Is that what TiVo promises?

To be honest, I don't know because I've never had the chance to play around with one. Well now, I just might. The company has confirmed its entrance into the Canadian market, and now I feel like an anxious Mac-addict that salivates every time he sees the iPhone commercial. We've waited so long for this device to come to Canada, I was beginning to think that Canadian broadcasters might have to bleep out the word "TiVo" every time it was mentioned and voice-over "PVR" just so we wouldn't feel left out.

In the U.S., "TiVo" has become much like the terms "Kleenex" for tissues and "Xerox" for photocopies, both of which are actually brand names, not products. The same thing happened with the Sony Walkman in the '80s, where virtually every portable player, whether made by Sony or not, was simply lumped into the "Walkman" category. When it comes to TiVo, I, in Canada, will say I missed Dexter last night, but no worries: IPVR'd it; while U.S. TV watchers are more likely to say I missed Dexter last night, but no worries, I TiVo'd it! Do you catch my drift?

Back to TiVo in Canada: although the box that will be available in early December ($199) does not support high-definition signals, up to 80-hours of standard definition content can still be recorded for later viewing. A reader to our news Website http://www.marketnews.ca/ commented that the move is "a day late and a dollar short", stating that, since so many people have already converted to HD, they won't bother with standard definition recording. Au contraire, I say. There are tons of consumers out there that haven't yet bought into the HD craze: in fact, the penetration in Canada is projected to be just about 48% by the end of this year, according to the CEMC. Even so, I'm an HD viewer, but I'd rather record a program in SD than not record it at all (of course I'd prefer HD if given the option).

A subscription will cost $12.95/mo. (in U.S. dollars, not that it makes much of a difference), or less depending on how many years you sign up. As for compatibility, a press release issued by TiVo says that it's "optimized for cable households". A TiVo spokesperson tells me that it will also be compatible with satellite boxes; and dial-up Internet connections (albeit with the turtle speeds that dial-up users have become accustom to).

Maybe it's marketing. Maybe it's U.S., pop culture TV. Maybe it's the same juice iPod-fanatics are drinking. But I'm happy to see Canada added to the TiVo culture. Better late than never, as they say. Next up: the iPhone. We're waiting....