[IP] Public Knowledge Sees Content Companies Seeking 'Full Regulatory Control' Over Consumer Tools
Delivered-To: dfarber+@xxxxxxxxxxxxxxxxxx
Date: Mon, 15 Mar 2004 16:55:50 -0500
From: mnemonic <mnemonic@xxxxxxxx>
For Immediate Release
March 15, 2004
Contact: Art Brodsky
202-518-0020 (o) 301-908-7715 (c)
abrodsky@xxxxxxxxxxxxxxxxxxx
Public Knowledge Sees Content Companies Seeking
'Full Regulatory Control' Over Consumer Tools
The content industries and their allies are attempting to use the Federal
Communications Commission (FCC) proceedings on the broadcast flag and on
setting new rules for "plug and play" devices to assert widespread control
over digital and analog media, according to Public Knowledge.
In a March 15 filing with the FCC on the broadcast flag, Public Knowledge
said, "We have concluded from reading the full range of submissions in the
broadcast-flag and plug-and-play proceedings that full regulatory control
over all the ways consumers use content is precisely what certain content
holders want." Had such controls been in effect in 1976, when the video
cassette recorder (VCR) was invented, "devices such as the VCR, the TiVo
personal-video recorded, and Windows-based 'media PCs'' would have been
drastically hindered on their way to market - if allowed at all," Public
Knowledge said in its filings.
Public Knowledge also argued that content companies are attempting to "roll
back the impact of the Supreme Court's decision" in 1984 that allowed the
VCR to be used to record television programming for later viewing. In
reply comments in the plug-and-play proceeding governing the use of
cable-ready devices, Public Knowledge said it was inconsistent for content
companies to argue they want to extend controls over analog content as
well. Such requests to the Commission call into question the FCC's central
assumption that digital content is more subject to piracy, Public Knowledge
said.
Public Knowledge also filed briefs March 15 with the U.S. Appeals Court,
D.C. Circuit, opposing the FCC's attempt to delay court consideration of
Public Knowledge's court challenge to the broadcast flag rules.
"It makes no sense to delay court proceedings on the broadcast-flag rule,"
said Mike Godwin, senior technology counsel of Public Knowledge. "The
Commission has already concluded it has jurisdiction to issue these rules,
and none of the agency's other proceedings relating to content protection
even question that jurisdiction," Godwin said, adding that "Now is the best
time for a court to step in and address whether the FCC is headed down the
wrong road." Full texts of the comments and briefs will be available later
at www.publicknowledge.org.
In addition to filing its own comments with the FCC and launching the
public-interest group lawsuit challenging the broadcast flag rule, Public
Knowledge has worked with Internet entrepreneur Scott Rafer to organize a
filing by about two dozen Silicon Valley companies which argues that the
broadcast-flag proceeding poses a threat to software innovation overall and
to open-source software in particular. Rafer, CEO of Feedster, a blog and
news search engine, said the level of interest from companies which hadn't
participated before "is a great first step to having consistent, rich
participation by Silicon Valley companies in the regulatory process."
Public Knowledge is a public-interest advocacy and education organization
that seeks to promote a balanced approach to intellectual property law and
technology policy that reflects the "cultural bargain" intended by the
framers of the constitution. More information available at:
<http://www.publicknowledge.org>http://www.publicknowledge.org
Art Brodsky
Communications Director
Public Knowledge
(202) 518-0020 ext 103 (o)
(301) 908-7715 (c)
1875 Connecticut Ave., N.W.
Suite 650
Washington, D.C. 20009
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"I speak the password primeval .... I give the sign of democracy ...."
--Walt Whitman Mike Godwin can be reached by phone at 202-518-0020
His book, CYBER RIGHTS, can be ordered at
http://www.panix.com/~mnemonic .
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