[opendtv] Re: CGMS-A issues
- From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
- To: <opendtv@xxxxxxxxxxxxx>
- Date: Wed, 1 Mar 2006 11:56:12 -0500
Mark Schubin wrote:
> Well, what actually happened was the court said the
> FCC didn't have the unilateral authority to impose
> the broadcast flag but that Congress was welcome to
> do so (they haven't yet).
But even if the broadcast flag became law, FCC 03-273 is extremely clear
on what has to be allowed, regardless of whether the flag is set. I'm
saying that as long as the broadcast flag cannot be allowed to prevent
copying for personal use, examples of which include but are not limited
to time shifting, copying must be allowed even if the whole broadcast
flag concept is never imposed. Maybe I'm wrong, but this is consistent
with fair use rights established previously, when digital TV wasn't a
factor.
---------------Quoting FCC 03-273--------------
II. DIGITAL BROADCAST TELEVISION AND CONTENT PROTECTION
5. As an initial matter, we must address the appropriate type of content
protection for digital broadcast television. MPAA advances the use of a
redistribution control system which would limit the redistribution of
digital broadcast television content, but ***not restrict consumers from
copying programming for their personal use***. A number of commenters
agree in principle that consumers' ability to record digital broadcast
television should not be restricted. We concur and find that
redistribution control is a more appropriate form of content protection
for digital broadcast television than copy restrictions. This
determination is in keeping with our earlier decision to prohibit copy
restrictions on unencrypted digital broadcast television when
retransmitted on MVPD systems.
...
9. In light of our decision to adopt a redistribution control scheme and
to avoid any confusion, we wish to reemphasize that our action herein
***in no way limits or prevents consumers from making copies of digital
broadcast television content***.
10. We also wish to clarify our intent that the express goal of a
redistribution control system for digital broadcast television be to
prevent the indiscriminate redistribution of such content over the
Internet or through similar means. This goal will ***not (1) interfere
with or preclude consumers from copying broadcast programming*** and
using or redistributing it within the home or similar personal
environment as consistent with copyright law, or (2) foreclose use of
the Internet to send digital broadcast content where it can be
adequately protected from indiscriminate redistribution.
-----------------------------------------------
I don't know how they could be clearer. So at the *very* least,
broadcasts must be permitted to be copied on the first medium
encountered in the recording device, when this recording device is for
personal use recordings (VCRs, DVDRs, PVRs), no matter what the CGMS
setting might be. Even if CGMS says "copy never," the personal recording
device MUST be allowed to make a copy.
I would argue that the wording above allows for copies to be made for
more than just temporary "caching," and in more than stictly
VCR/DVDR/PVR devices. The wording clearly covers copies made for
archival purposes and redistribution to occur with one's home. The only
stipulation is "personal use" only.
That's why I get indignant when broadcasters don't allow my DVDR to do
its thing. And that's why DVDR programmers, at least for the US market,
should remove that copy never vulnerability from their software.
Bert
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