[opendtv] MPAA wants to stop DVRs from recording some movies
- From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
- To: <opendtv@xxxxxxxxxxxxx>
- Date: Wed, 25 Jun 2008 11:14:04 -0400
"MPAA says these studios want to release their movies to multichannel
video programming distributors (MVPDs) 'significantly earlier and prior
to DVD release'-although the trade groups' filing won't say exactly how
much sooner."
I'd much rather see movie releases on media available to the public be
delayed, as opposed to accelerated but under more direct control of the
movie studios. It is obvious from past experience that those entrusted
with an extra control knob have a habit of abusing that trust.
Bert
---------------------------------------------
http://arstechnica.com/news.ars/post/20080608-mpaa-wants-to-stop-dvrs-fr
om-recording-some-movies.html
MPAA wants to stop DVRs from recording some movies
By Matthew Lasar | Published: June 08, 2008 - 08:01PM CT
At the request of theatrical film makers, the Federal Communications
Commission on Friday quietly launched a proceeding on whether to let
video program distributors remotely block consumers from recording
recently released movies on their DVRs. The technology that does this is
called Selectable Output Control (SOC), but the FCC restricts its use.
The Motion Picture Association of America (MPAA) wants a waiver on that
restriction in the case of high-definition movies broadcast prior to
their release as DVDs.
"The Petitioners' theatrical movies are too valuable in this early
distribution window to risk their exposure to unauthorized copying,"
MPAA wrote to the FCC last month. "Distribution over insecure outputs
would facilitate the illegal copying and redistribution of this high
value content, causing untold damage to the DVD and other 'downstream'
markets." Less than a month after the request, the FCC has given MPAA a
public comment period on the question that will last through July 7.
Expedited distribution-with one, big caveat
MPAA has pressed its Petition for Expedited Special Relief on behalf of
Paramount Pictures, Sony Pictures, Twentieth Century Fox, Universal City
Studios Walt Disney Studios, and Warner Brothers. How did these media
companies get an FCC proceeding so fast? Ars bets that hiring former FCC
Commissioner Kathleen Q. Abernathy as their attorney helped. Abernathy
supported former FCC Chair Michael Powell's drastic relaxation of the
agency's media ownership rules in 2003, along with Kevin Martin, now
head of the agency.
Movies go through a timeline of staged releases that lasts about three
years. First they go to theaters; 60 days after that they start showing
up in airplanes and hotels; in 120 days from their theatrical release
they transfer to DVD and Internet download; about a month later to video
on demand/pay-per-view; by the end of the year to premium subscription
systems like HBO and Showtime; and eventually to basic cable and free
TV.
MPAA says these studios want to release their movies to multichannel
video programming distributors (MVPDs) "significantly earlier and prior
to DVD release"-although the trade groups' filing won't say exactly how
much sooner. But in exchange for the accelerated service, MPAA wants
permission to obtain SOC blocking of recording capabilities. The group
promises that once said movies have reached the home video sale/rental
stage, the blocking will stop.
The movie lobby wants a waiver from FCC rules prohibiting MVPDs from
adding code to digital video streams, that, among other restrictions,
could block copying. Here is the rule: "A covered entity shall not
attach or embed data or information with commercial audiovisual content,
or otherwise apply to, associate with, or allow such data to persist in
or remain associated with such content, so as to prevent its output
through any analog or digital output authorized or permitted under
license, law or regulation governing such covered product."
MPPA notes that the Commission did say in 2003 that it would consider
adjusting this policy around SOC. "We nonetheless recognize that
selectable output control functionality might have future applications
that could potentially be advantageous to consumers," MPAA observes that
the FCC declared in a late 2003 Report and Order, "such as facilitating
new business models."
We're here to help
MPAA argues that, in addition to getting first-run movies to the public
sooner, giving movie studios a break on this issue could also aid the
DTV transition. The enhanced service "will encourage the purchase of
HDTV sets by consumers, and thereby ensure that a greater number of
citizens have the necessary equipment to receive broadcast digital
programming by February 17, 2009."
But unquoted in MPAA's petition is this passage from the same FCC Report
and Order: "We also recognize consumers' expectations that their digital
televisions and other equipment will work to their full capabilities,
and the potential harm to the DTV transition if those expectations are
frustrated," the Commission observed. "In particular, we are concerned
that selectable output control would harm those 'early adopters' whose
DTV equipment only has component analog inputs for high definition
display, placing these consumers at risk of being completely shut off
from the high-definition content they expect to receive."
Needless to say, this proposal is likely to get a very cold reception
from groups like the Electronic Frontier Foundation (EFF). EFF already
warns that SOC and "down resolution"-strategically lowering the level of
digital quality-could undermine HDTV. "Many current and novel devices
rely on unrestricted outputs, particularly component analog
connections," EFF says.
Not surprisingly, the Home Recording Rights Coalition (HRRC) opposes SOC
too. "In the long term, imposition of SOC could have the effect of
driving from the market any home interface that supports home
recording," the group observes. Fears that MPAA's proposal represents a
foot in the door to much wider interference with consumer digital
applications may also play a role in this discussion.
The FCC wants comments and oppositions to MPAA's proposal by June 25 and
replies to comments by July 7.
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