Recently, Cablevision announced that it would be releasing a cloud-based DVR for its customers. Cablevision of course relies on the Second Circuit decision in Comcast to support its business model. As evidence of this, the cloud-based DVR will store a separate copy of each program recorded for each user – massively wasteful, but technically necessary to comply with the Second Circuit's view of what passes muster under copyright law. This is a fairly bold move, given the recent Aero decision from the Supreme Court where it held that streaming individual television broadcasts over the Internet to individual users constituted a "public performance." ( To any non-legal reader, this is a very technical term of art). Personally, I find it hard to see how Aero won't create difficult precedent for Cablevision, and I'd be surprised if this didn't make its way up to the Supreme Court.