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

to pick a nit, the only restriction on over the air broadcasters in the U.S. is 
that they transmit a single a/v channel (at least equivalent to an NTSC channel 
in quality) in the clear.

They can transmit any other virtual channels encrypted.  I don't think anyone 
in the U.S. is using ATSC to transmit encrypted a/v content.  Encrypted 
content, or non-advertiser supported content, invokes payment of 5% of net 
revenues for that service to the U.S. government.

The relevance of this distinction might be illustrated in practice in the 
not-so-distant future.

John Willkie

-----Original Message-----
>From: Craig Birkmaier <craig@xxxxxxxxx>
>Sent: Jun 28, 2008 5:03 AM
>To: opendtv@xxxxxxxxxxxxx
>Subject: [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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