Paramount Pictures Corporation v. ReplayTV, Inc., Joint Stipulation ...

12345678910111213141516171819202122232425262728well as societal norms, shape its customers’ expectations. The policy states that“ SONICblue will not share your Personal Information with third parties withoutyour consent, except in the very limited circumstances outlined in the next questionand answer below.” (Emphasis added.) In stating that SONICblue may discloseinformation pursuant to legal process, the Privacy Policy speaks of disclosure(i) to protect the rights and property of SONICblue, (ii) to protect the safety ofSONICblue and its users, or (iii) to assist law enforcement in investigatingviolations of the SONICblue terms of service or the law generally. A reasonablecustomer would conclude that information would not be disclosed in the context ofcivil lawsuit against SONICblue, where their data may be scrutinized by televisionnetworks or motion picture studios. A reasonable customer would also concludethat personal information about them would not be disclosed to allow televisionstudios and broadcast networks to intimidate them as “ witnesses,” subject them tolegal subpoenas, or sue them directly.Plaintiffs argue that “ Defendants have gathered such information in the pastthemselves, so they evidently do not believe that privacy rights prevent them fromdoing so.” As previously explained, that statement is false. But whether ignorantlyor deliberately, Plaintiffs conflate two entirely separate issues: the collection ofdata and the disclosure of such data. Plaintiffs are attempting to argue that becauseSONICblue could theoretically collect information from customers, customers haveno privacy right to limit the disclosure of such information to third parties. Underthe very terms of the Privacy Policy, while SONICblue may collect information ona user’ s identity specifically, and on viewing habits in the aggregate, SONICblue islimited under the Policy itself to use the information only for specific purposes,such as customer service, diagnostics, and to tailor services to general customerpreferences. Pignon Decl., Ex. D. It is prohibited from collecting any information55