[opendtv] Re: MPAA wants to stop DVRs from recording some movies
- From: "Adam Goldberg" <adam_g@xxxxxxxxx>
- To: <opendtv@xxxxxxxxxxxxx>
- Date: Fri, 27 Jun 2008 07:37:01 -0400
I see. Can we completely forget about this document, then? The paragraphs
you quote are summaries of what proponents of various positions have said,
followed by the Commission's decision to not deal with any of this. It's
got nothing to do with what you're talking about.
-----Original Message-----
From: opendtv-bounce@xxxxxxxxxxxxx [mailto:opendtv-bounce@xxxxxxxxxxxxx] On
Behalf Of Manfredi, Albert E
Sent: Thursday, June 26, 2008 8:58 PM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: MPAA wants to stop DVRs from recording some movies
Adam Goldberg wrote:
> The 2000 Order (FCC 00-341) is so completely not on point
> that I don't know how to argue with you. Can you point to
> specific paragraphs?
Yes. All I can do is repeat my previous response to Dan, which I did
below.
> As to the Supreme Court, is it your contention that every
> CE product must always have every feature which is possible,
> because any device with substantial non-infringing uses is
> lawful? The Betamax decision does not beckon obsequiousness,
> it merely permits (indeed, is the underpinning of)
> innovation.
My contention is very simple. When I set up a DVDR and see FOTA material
not being copied, i.e. COPY PROT appeating on the display of the box,
and copying terminated, I see a case of either the broadcaster or the CE
vendor, or more likely both, taking control of something that they have
no right to do. As I said, even if the broadcaster transmits "copy
never" FOTA, which broadcasters should not do, the CE vendor has no
right to honor that flag, for FOTA material at the very least.
(Attached is the FCC 00-341 post.)
Bert
------------------------------------------
Dan Grimes wrote:
> Wasn't that the result of the VHS suit oh so long ago? Or was
> that just for programming received OTA and not an MVPD?
The latter.
The Betamax decision and its effect on MVPDs, and security devices used
by MVPDs, are described in FCC 00-341:
-----------------------------------------------
http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-341A1.txt
22. [ ... ] HRCC Reply Comments, citing Sony Corp. of America v.
Universal City Studios, Inc., 464 U.S. 417 (1984) ("Betamax") (Recording
programs for later viewing in the privacy of the user's home is a
noncommercial use permitted under the fair use doctrine).
Conversely, other commenters contend that the Betamax decision concerned
only certain limited-purpose, private home recordings of free,
unencrypted, over-the-air broadcast television programs in an analog
environment.
[ ... ]
28. [ ... ] In this regard, we note that MPAA has stated that the 5C
technology will not be used to prohibit most home recording.
Home recording of retransmitted broadcast programs and single copies of
basic and extended basic programs and pay television will not be
inhibited by [5C].
Home recording of pay-per-view and video-on-demand will be subject to
the copyright owner's permission.
[ ... ]
Based on the record in this proceeding, no evidence has been presented
that the evolving copy protection licenses and technology discussed
herein would preclude reasonable home recording of such content. It
should be noted, however, that our ruling is not based on this aspect of
the record; we cite such evidence simply to rebut the notion that our
ruling will lead to inevitable restrictions on consumers' ability to
copy digital material.
29. We decline to resolve the question of the nature and scope of any
copy protection systems or rights.
------------------------------------------------
In short, MVPDs can do whatever they like, but the FCC is trusting the
MPAA when they say that they will let their subscribers do time shift
recording of programs that are also transmitted FOTA.
My own hangup is, that trust did not translate properly with respect to
the CGMS and its effect on recording devices, thanks to the poor
combined handling of the issue by the broadcasters and by (some of) the
CE vendors. The FCC, of the people, by the people, and for the people,
should address this reality directly.
And the CGMS abuse occurs in ana analog environment, so the excuse that
digital "is different" doesn't even work. The trust was blatantly
abused.
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