The customers no longer had grounds to sue, said the court.
The five individuals were represented by civil liberties group
the Electronic Frontier Foundation (EFF), which filed suit in Los
Angeles in June 2002. The suit asked the court to rule that their
use of the ReplayTV device is legal under copyright law.
The suit was in response to an earlier legal action by dozens of
Hollywood movie and television studios, which had sued ReplayTV's
then-owner, SonicBlue, for making and distributing personal video
recorders. The action claimed that consumers' use of such devices
constitutes copyright violation and sought a broad injunction that
would prevent the further use, support, or sale of the
machines.
SonicBlue went into bankruptcy and ReplayTV was bought by
Digital Networks North America. The new product offered by Digital
Networks did not include the two features that resulted in the
alleged copyright violation. As a result, in August last year the
entertainment industry agreed not to go ahead with its lawsuit.
This suit was formally dismissed by the Court on Friday, and
this has had a knock-on effect on the EFF case. District Court
Judge Florence-Marie Cooper ruled that because the studios were no
longer suing over alleged copyright violation, there was no longer
any "case or controversy" upon which the ReplayTV customers could
sue the industry. The claims, said Cooper, are "moot".
The judge also refused to permit the EFF to turn the suit into a
class action.
