[IP] more on FCC Targets Copying of Digital TV
Delivered-To: dfarber+@xxxxxxxxxxxxxxxxxx
Date: Thu, 16 Oct 2003 10:23:08 -0400
From: Richard Forno <rforno@xxxxxxxxxxxxxxx>
Subject: FCC Targets Copying of Digital TV
To: Dave Farber <dave@xxxxxxxxxx>
Again, NOT a good idea as it is proposed djf
FCC Targets Copying of Digital TV
Hollywood Backs Rule That May Irk Viewers
http://www.washingtonpost.com/ac2/wp-dyn/A32173-2003Oct15?language=printer
By Jonathan Krim
Washington Post Staff Writer
Thursday, October 16, 2003; Page E01
The federal government is preparing for the first time to require that
personal computers and other consumer electronics devices contain technology
to help block Internet piracy of digital entertainment.
A rule being considered by the Federal Communications Commission is one of a
series of proposals pushed by the entertainment industry to help thwart
copying and online trading of movies and television shows that increasingly
are being broadcast in digital form with high-quality picture and sound.
But the new rule also would force consumers to purchase new equipment if
they wanted to record enhanced digital-quality television programs and
replay them on other machines.
< snip >
they expect the agency to settle on details of the "broadcast flag" rule by
the end of the month. The broadcast flag takes its name from the bit of
computer code that would be embedded in digital television signals and would
be read by "compliant" devices such as a television set or a digital video
recorder.
The rule would not affect consumers who record shows the old-fashioned way,
with VCRs. Nor would it affect programming received on a cable or satellite
system, in part because consumers pay for that content.
But the entertainment industry does not want digitally enhanced "high-value"
entertainment sent free over the air to be easily copied and distributed on
the Internet.
< snip >
Critics point out that the system could be easily circumvented. It would
still allow recording by non-digital devices, such as VCRs, though when
replayed the files would not have the enhanced digital qualities.
With the use of inexpensive equipment those programs can be "re-digitized"
and sent around the Internet just as music and other video programming is
today.
And, opponents argue, the proposed system would require every device used by
a consumer who wants to watch digital programming to recognize the flag.
Thus, a DVD recorded on a compliant recorder, connected to a compliant
television set in a family room, could not be viewed in an office, den or
bedroom unless devices there also were compliant.
That means buying new equipment. Critics say that in addition to forcing
consumers to shoulder the cost of protecting one industry's products, the
flag system undermines a consumer's right to "fair use" of copyrighted works
regardless of appliance or location.
The system "does not allow a consumer to transmit from his own home to his
office," said Lawrence Sidman, a lawyer for Royal Philips Electronics NV.
"That is established consumer fair use."
< snip >
The MPAA agrees that the system only begins to attack the piracy problem.
Making analog copies is another huge problem that the industry wants to
prevent through legislation or regulation.
But the broadcast flag "will still diminish the redistribution of digital
broadcast content on the Internet," said Fritz E. Attaway, senior vice
president of the MPAA.
Attaway argued that on the issue of fair use, moving to a broadcast flag
system is not much different from what consumers face today if they want to
switch from analog VHS tapes to digital video discs: They need new
equipment.
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