[opendtv] Re: MPAA wants to stop DVRs from recording some movies

At 11:10 AM -0700 6/26/08, dan.grimes@xxxxxxxx wrote:
The contractual aspect, and the differences between the broadcaster and the MVPD is a good point and one that I had not considered. I do not have a contract with an MVPD so I do not know what is stated in them.
I would still argue for the right to record and playback a program I pay for, and be able to display it on any screen I want for my personal consumption (mind you not public display). But if one signs a contract saying they will only watch the media on a particular type of screen, at a particular time, and using only a particular technology, then that is what they must do.
This has been an interesting thread, but we still have not answered Dan's basic question about his perceived right to record a copy of a VOD event.
The essence of this discussion revolves around the contract between the content provider and the consumer. In the case of the pre-DVD release window, for VOD of new movie titles, there are actually two contracts: one between the content provider (the studios) and the distributor (cable/DBS), and another between the distributor and the subscriber. I will get into some of these contracts shortly.
In the case of recording Free To Air (FTA) broadcasts there is an implied contract between the broadcaster and the viewer:
WE provide the content in the free and clear and YOU watch the commercials that pay for the content.
In the Betamax decision, the Court found that time shifting of broadcast programming is a non-infringing use of a VCR. The decision says nothing about the viewer's rights relative to the abilty to skip commercials. But there are those in the broadcast industry who believe that the implied contract requires the viewer to watch te commercials...
sorry, NO potty breaks, NO channel surfing during the commercial pods, and NO skipping of commercials.
Needless to say, broadcasters advocating such a contract have not been able to get their political buddies to legislate this implied contract. I believe that Congress did pass legislation in the late '80s giving consumers the right to make legal copies of content, but do not recall the specifics.
The media conglomerates have taken advantage of the shift to digital distribution to try and extend their ability to control our usage of their products as we discuss regularly on this list. They have tried a wide range of techniques some more successful than others.
As a point of reference, the contract when you go to the movie theater is highly restrictive. You can watch but not record that specific exhibition of the movie, and each person must have their own ticket (something that is nearly impossible to manage when the same movie is delivered to a home for one or multiple viewers).
When we initiate a PPV or VOD event with a cable or DBS service there is a real contract that controls our usage rights. These services want the market advantage of being able to offer new movies before they become available at Blockbuster, and thus may help the content owner restrict the usage rights - for example blocking the recording of the movie, especially on a leased STB with PVR capability.
But the MPVDs also want to keep the subscriber happy. Thus we see cable STBs with PVRs that allow Fast Forward and Rewind, but we do not see buttons on their remote controls labeled skip 30 or skip 60, as is the case with a Tivo.
Bottom line, the MPVD can block your ability to record a PPV event if this is a requirement of their contract with the content provider.
There are may other examples of negotiated usage rights between a service and it's consumers.
The iTunes store usesApple's FairPlay DRM to control usage of music, audio books, movies, and TV shows. These usage rights are fairly liberal compared to other services, but can still be very restrictive. For movie rentals you can view the movie on various devices including Apple TV, a computer, an iPod or an iPhone. You have 30 days to open the downloaded file, but once you hit play you have only 24 hours to view the movie. You cannot make a copy of the movie, and after the 24 hour usage period you can no longer open the file.
Another example is the video download services that have proprietary player applications that restrict usage rights. Many of these services do not allow you to skip the commercials.
So to answer Dan's question directly, unfortunately, the studios can prevent you from making a copy of a movie based on the terms of the contract that you agree to when you buy the right to view their content. 

Regards
Craig








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