[opendtv] Re: Digital Millenium Copyright Act

  • From: Craig Birkmaier <craig@xxxxxxxxxxxxx>
  • To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
  • Date: Sat, 19 Apr 2014 07:57:54 -0400

> On Apr 18, 2014, at 5:43 PM, "Manfredi, Albert E" 
> <albert.e.manfredi@xxxxxxxxxx> wrote:
> 
> Craig, again, give me any proof that Hollywood is requiring CE companies to 
> submit individual designs for approval, before the CE company is allowed to 
> market the product. This is important to clear up. I have found no evidence 
> of such a potential sea change in the CE industry.

I've never said this Bert. This is your conspiracy theory.

The design of the device s not relevant to this discussion, other than in your 
relentless defense of the PC as the best access device for OTT TV. And 
yesterday I provided plenty of evidence that Hollywood got Microsoft and other 
manufacturers to design PCs to protect their content.

These new navigation devices can do whatever the manufacturer deems appropriate 
in terms of capabilities, user interface, and hooks to access content. YOU are 
the one vilifying their design decisions and claiming that the CE companies are 
in collusion with the content owners.

The reality is that most people DO NOT WANT the "lean forward" keyboard/mouse 
PC user interface on their TVs. "Been there, done that, didn't like it."

But people DO WANT TV content on new mobile platforms that use the touch based 
(and increasingly voice driven) user interface found on smartphones and tablets.

Apps are the currency of these ecosystems.

> 
>> When a company wants to make content available via an App, a license is
>> required.
> 
> A PC browser is an application. Show me where individual PC makers must get 
> in bed with Hollywood, before allowing their users to browse the conglom web 
> sites with any installed browser. Any article or court ruling explaining this 
> would do.

Apple and Oranges Bert. The PC is a know, protected platform that Hollywood 
first used to provide limited access to some of their content. IF Hollywood 
wants to use a website to offer content FOTI, they can, and anyone they choose 
to allow can access it. I can do this on my iPhone and iPad via the browser, 
just like you can on your PC. If Hollywood decides they do not want to allow a 
device to access this content via the web browser they can block the device, as 
they did with Google TV. 

And there are shade of grey here too. If they choose to use the Flash video 
codec, they know that most mobile devices will not be able to play this 
content. And they can block features such as Airplay, that allow the content 
accessed via a browser to be mirrored on a TV navigation device, as CBS is 
doing via their web site.

And, as you know all to well, they can require authentication to access the 
content via a web browser. You can access Watch ESPN and HBO Go via the PC 
hooked up to your TV, but you cannot watch the programs they offer without 
authentication. Likewise, you must wait a week to watch stuff on the ABC and 
Fox portals, or the same content on Hulu, because you do not subscribe to a 
MVPD service that has a license to connect to this content. 
> 
> As to handheld apps, I think the designer of the app can charge for it, and 
> therefore can sue if the app is copied and sold by someone else, perhaps. But 
> that only points out the silliness of over-reliance on trivial little apps 
> (from a customer's point of view). So, show me some proof that things are as 
> you think they are, i.e. where (for example) Apple would have to clear it 
> with the congloms if they decided to design iPads that could browse without 
> requiring separate silly "apps" for each web portal.

The apps for TV content are designed by or for the content owners. They 
determine what the apps can do. For the Apple ecosystem, Apple must approve the 
App. This is primarily done for two reasons:
1. To determine that the App actually works as intended and follows the APIs 
consistently;
2. To verify that the app does not contain malware or open up security holes 
that would allow malware to be downloaded via a web connection to the app.

And once again Bert, I can access everything you can on your PC via the browser 
on this iPad. But I cannot access content that uses the Flash video codec, and 
some portals limit access to features like Airplay.
> 
> Different matter entirely. Portals are content stores. Content owners are 
> entitled to control what they sell, for how much, and what they give away 
> ad-supported. Of course, this holds true for their own portals, or for third 
> party stores.

Exactly. The content owners determine what works where.


Regards
Craig 
 
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