At 7:10 PM -0400 5/26/08, Manfredi, Albert E wrote:
Craig Birkmaier wrote:I agree with Tom. Microsoft is pandering to the media moguls, assigning a meaning to that flag that neither the ATSC nor the FCC had *EVER* envisioned.They assigned the exact meaning to the redistribution control flag as defined by the ATSC. In this case NBC set the flag to "copy never."You have made the perfect case for some government agency having to define the meaning of that redistribution control flag, and make it
legally binding. But I was WRONG, as Adam pointed out several days ago.
Even if political considerations encouraged them to follow the BF requirements, what the MSFT product did does //NOT// comply with the BF requirements. (If it was even triggered by BF presence or not). The BF rules are, essentially: if(flag_present) {restrict_outputs(Table_A_ONLY);} else {restrict_outputs(ANY_ALLOWED);} There is //NO// prohibition on recording. It's not Copy Once. It's not Copy Never. It's Copy Freely. DTCP has a state for it, "ECN" (Encrypt, Copy Protection Not Asserted).
If one were to examine the FCC ruling regarding the RE Descriptor they would find, as Adam correctly asserted, that the rules only require that the content be limited in redistribution - i.e. it is OK to copy the program with the RC Descriptor set. What the FCC was trying to require is that the bits be protected within the device that captured them, and that it not allow a copy to be made and distributed.
SO clearly, either MS did not understand the rule, or another flag (e.g. CGMS) was set to copy never
The best the ATSC can do is "technological control of consumer redistribution is signaled." Someone not familiar with the English language might have a hard time understanding the nuance that time-shift recording, done for the benefit of the initial intended viewer or viewers, does not constitute "redistribution." Which Webster's defines as "to reallocate," or to "spread to other areas."
Corrrect.
But that's exactly why lawyers stay employed. Microsoft should most definitely be shown to have overstepped their bounds.
I have seen similar stories about not being able to record shows on a cable PVR when copy never is signaled in the CGMS bits.
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