[opendtv] Re: The Copyright Office Report

[John Willkie <johnwillkie@xxxxxxxxxxxxx>]

I think they should, but I doubt they will.  (There should be an exception for 
small systems not owned or controlled by a MSO).

I think that will put cable on an even footing with streamed Internet content 
and downloads, which have negotiated copyright payments.

John Willkie

-----Original Message-----
>From: Tom Barry <trbarry@xxxxxxxxxxx>
>Sent: Jul 2, 2008 3:35 AM
>To: opendtv@xxxxxxxxxxxxx
>Subject: [opendtv] Re: The Copyright Office Report
>
>
>
>John Willkie wrote:
> > The most realistic thing they can do is to phase out cable's 
>exemption from copyright licenses, at least for all but the smallest 
>systems.
> >
>Is this at all likely? What do you think would be the implications if 
>they did?
>
>- Tom
>
>> Well, I've read most of the report (up to page 200).
>> 
>> It was required by the SHVERA in 2004.  It makes several proposals to 
>> streamline and rationalize the copyright act as pertains to television 
>> stations carried on satellite and cable, including several alternatives.  
>> But, not eliminating the payments, except for local-into-local cable, to be 
>> just like local-into-local DBS.
>> 
>> It notes the current breadth of the video marketplace, including streaming, 
>> downloads, iTunes, and network and local station web sites.
>> 
>> In the greenfield, territory, it deals with the Capitol Broadcasting 
>> proposal for a somewhat restrictive cable-over-internet, and concludes that 
>> it isn't entitled to cable compulsory license, at least absent legislation.
>> 
>> It draws a distinction between that proposal and walled garden systems like 
>> Verizon FIOS TV and AT&T U-verse, finding that the others are very analogous 
>> to cable, and are probably entitled to cable compulsory license.
>> 
>> The SHVERA licenses run out at the end of next year.  Some fun could be had 
>> with some provisions between Feb 17, 2009 and the end of the year.
>> 
>> However, the whole thing requires Congressional action, and serious work is 
>> not something that the current congress will ever be known for, and I doubt 
>> that the next one will be worse, if Empress Pelosi and "Dingy" Harry Reid 
>> retain their current posts.
>> 
>> Basically, the report advocates eliminating several of the compulsory 
>> licenses and opening up cable copyright issues to market forces, since the 
>> scope and character of cable systems have changed radically since 1976.  
>> Indeed, cable is now a bigger business than ota tv.
>> 
>> There are several digital wrinkles, but only time will tell if the next 
>> congress can avoid the dog-and-pony shows that have characterized the 
>> current one.
>> 
>> The most realistic thing they can do is to phase out cable's exemption from 
>> copyright licenses, at least for all but the smallest systems.
>> 
>> John Willkie
>>  
>>  
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>
>-- 
>Tom Barry                  trbarry@xxxxxxxxxxx 
>
> 
> 
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Other related posts:

[opendtv] The Copyright Office Report

[opendtv] Re: The Copyright Office Report

[opendtv] Re: The Copyright Office Report