[opendtv] Re: MPAA wants to stop DVRs from recording some movies
- From: "Adam Goldberg" <adam_g@xxxxxxxxx>
- To: <opendtv@xxxxxxxxxxxxx>
- Date: Sun, 29 Jun 2008 19:55:05 -0400
FCC 00-341 says NOTHING NOTHING NOTHING about this.
-----Original Message-----
From: opendtv-bounce@xxxxxxxxxxxxx [mailto:opendtv-bounce@xxxxxxxxxxxxx] On
Behalf Of Manfredi, Albert E
Sent: Sunday, June 29, 2008 6:43 PM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: MPAA wants to stop DVRs from recording some movies
Craig Birkmaier wrote:
> The original intent of those who wrote the Constitution would
> tend to favor fair use over the rights of the creator of the
> intellectual property. The framers were concerned about the
> ability of content owners to use the power of government to
> protect their rights to the detriment of society.They believed,
> as I do today, that the rapid proliferation of new ideas and
> the ability for "the people" to use these ideas and build upon
> them trumps the rights of the creators to protect and benefit
> from them into perpetuity. Thus the Constitution was framed in
> a manner to limit the rights of the creators of intellectual
> property fo that give them exclusive r the benefit of the
> entire country.
>
> There is a simple bargain in this. The power of the government
> can be used to protect the LIMITED rights of the creators of
> intellectual property via the granting of copyrights and
> patents that give them exclusive control of the intellectual
> property for a LIMITED time, after which the ideas are to be
> pushed into the public domain. Patents were intended to speed
> up the proliferation of new ideas by using the force of
> government to enforce licenses for those patents.
The law profession, and by extension their wannabe surrogates, get a bad
reputation precisely because they are more interested in listening to
their own turns of phrase than in cutting to the chase. It is, after
all, what keeps so many of them employed, isn't it.
What you say above may well be accurate, but it's not necessary in this
case. I refrained from indulging in any personal opinions or long-winded
logical exercises because, in this thread, they are not necessary.
The Betamax decision says that recording TV programs transmitted over
the public airwaves is fair use, and specifically they also mentioned
libraries of recorded programs, without making any exception for these.
A few years later, thank you Adam, 17 USC 1201(k)(2) states very
plainly:
"No person shall apply the automatic gain control copy control
technology or colorstripe copy control technology to prevent or limit
consumer copying except such copying [transmissions which are only
available for a fee, transmissions over pay networks, or content from
prerecorded media]."
Therefore, there is no need to even discuss what the framers intended.
The intent of the courts today is clear. Broadcasters cannot apply copy
prevention mechanisms to their FOTA transmissions. They can only apply
those copy prevention mechanisms in cases very explicitly listed in that
paragraph. Which means in practice, anything they transmit encrypted.
And, OTA broadcasters must provide at least one unencrypted SDTV channel
over their publically-owned RF channel, through other FCC rulings. Their
option being, DON'T USE THE PUBLIC AIRWAVES.
Transmissions over cable systems, or DBS, or the Internet, being
networks that one connects to for a fee, are instead free incorporate
copy protection. And FCC 00-341 confirms this, by refusing to put any
limits on MVPD copy protection.
It's really so simple. Amazing to see that this creates so much
long-winded BS.
Bert
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