The Ethics of TiVo, DVR, and ReplayTV

The Ethics of TiVo, DVR, and ReplayTV

Abstract: After a significant amount of debate and lawsuits about copyright and ethical issues surrounding VCRs in the 1980s, manufacturers and content-providers began to relax as consumers widely purchased the devices and in turn, began renting more videos. In the end, everyone won as VCRs created a new movie rental market and also benefited consumers. But these days, technology does not need to be revolutionary to scare people and cause controversy; it only needs to be evolutionary. In 1999, two companies - TiVo and Replay - introduced a slightly fancier VCR-like device called a digital video recorders (DVR) or a personal video recorder. While the DVRs may not seem much different from VCRs, they are causing lawmakers to look at past copyright cases all over again in a new light and also are managing to wreak havoc on past fair-use and privacy precedents. This paper explores the ethical and privacy considerations with regard to DVRs and how small increments in technology can generate a large amount of controversy.

In the late 1970s, Sony introduced a technology called a videocassette recorder (VCR) to the American public. The product was revolutionary because before its introduction, recording television programs for the average consumer was impossible. The new device created a large amount of controversy. Suddenly, people could record and copy television shows and movies and do with the content what they pleased. Film studios and television networks feared the consequences of the consumer-empowering VCRs. After a significant amount of debate and lawsuits about copyright and ethical issues surrounding VCRs, manufacturers and content-providers began to relax as consumers widely purchased the devices and in turn, began renting more videos.i In the end, everyone won as VCRs created a new movie rental market and also benefited consumers.

These days, technology does not need to be revolutionary to scare people and cause controversy; it only needs to be evolutionary, in that large technological leaps are not as important. In 1999, two companies - TiVo and Replay - introduced a slightly fancier VCR-like device called a digital video recorders (DVR) or a personal video recorder.ii These devices essentially duplicate the functionality of VCRs, but make them slightly easier to use. Now, consumers can choose to record a television show by name and for a whole season instead of only one episode. The black box records constantly so that users can pause live television and return to pick up where they left off.