actually i think that tivo has fairly good legal standing given the outcome of the diamond multimedia v. RIAA decsion. that case has been generally read to mean that format-shifting for home or personal use is a valid use. although charging for that service above the basic service is going to allow an opening for attack (besides which it's just kinda sleazy to do anyway). including it as a basic service feature would save them some hassle from the MPAA.