The Supreme Court refused today to clear the way for cable TV companies to copy broadcasts for later viewing by their customers and instead asked the Justice Department to weigh in on whether this new video recording service would violate the Copyright Act.
The court's move will delay for months a final decision on the issue. Lawyers for the new Obama administration will be called to examine the legal question and then advise the court on their conclusion.
The case before the court could have wide impact in the emerging era of video on demand. In 1984, the Supreme Court cleared the way for the use of videocassette recorders when it ruled that home recording of movies by consumers did not violate the copyrights of the film studios.
Now, the cable TV companies want to go a step farther and make copies for their customers at their request.