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

At 9:53 PM -0400 6/27/08, Albert Manfredi wrote:

 > You know, sort of like locking your car. No one is allowed

 to steal stuff from your car, or steal the car itself. That
 does NOT mean that car manufacturers don't need to install
 locks, however. They should, definitely.
In this climate of proud and deliberate, peristent, obtuseness, I should not have used the above analogy.
My intention was merely to say that the problem of unlawful copy protection can be attacked at both ends. At the FOTA broadcaster or content owner's end (supply), copy protection is not allowed. Period.
But that DOES NOT mean that CE manufacturers have to trust the supply end to do what's lawful. Since there are simple means to make the system work as the courts intend, CE vendors should use those simple means. No need to trust the other guy to be doing the right thing, in this case.
Or restated, you are NOT "circumventing" a copy protection mechanism, since such mechanism does not, or more accurately should not, by law, exist.
The only restriction on FTA broadcasts is that they be delivered in the free and clear. The Betamax decision did not say that copy protection is not allowed, only that using the VCRfor time shifting was a non infringing use.
Can you show me anything that says that broadcasters CANNOT invoke a regimen that restricts copying of a program?
The real issue is whether they can force the manufacturers of downstream devices to honor any attempts to restrict copying. They tried with the Broadcast Flag, but lost because the courts ruled that the FCC does not have the authority to regulate how devices that are used to view broadcasts deal with this issue.. Note, tat they can regulate some aspects of what a TV receiver is, thanks to the All Channel Receiver Act, which gave them the authority to require HF and now ATSC receivers in a device. 

Regards
Craig



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