To read about the Copyright Office's proposed rules regarding buffer copies, click here.
Instead of alleging secondary liability, the TV and movie companies claimed Cablevision's RS-DVR would directly infringe by making unauthorized
copies of their works when it recorded the show. The 2nd Circuit, however, held that a party can be liable for direct infringement only if its "volitional conduct" created the copy. And in this case, Cablevision's
customers, not Cablevision, would be the ones consciously choosing to record the programs. Cablevision's system would merely--and automatically--carry out the customers' instructions.