[opendtv] Re: MPAA wants to stop DVRs from recording some movies
- From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
- To: <opendtv@xxxxxxxxxxxxx>
- Date: Thu, 26 Jun 2008 17:30:47 -0400
Adam Goldberg wrote:
> To the contrary. Sony v. Universal ("Betamax") held precisely
> that time shifting is non-infringing. It did not (directly)
> address whether librarying is non-infringing or not, it didn't
> reach that point, as it only had to find that there was (a)
> substantial non-infringing use, and (b) devices with
> substantial non-infringing uses are perfectly legal.
But that only applied to FOTA material, yes? And the FCC deliberately weasled
out on making that same right apply to MVPDs, by saying that they had no
indication that MVPDs would PREVENT copying of that same material.
Only heaven knows whether the FCC would have made an MVPD-specific ruling under
different circumstances. A typical lawyer-like assumption is to give all the
latitude possible to the offending party.
Still, past experience has shown that CE manufacturers are blasé about any of
this. They are more interested in not offending the Hollywood studios than they
are in implementing Supreme Court decisions. Thing is, there are quite simple
ways of implementing the Betamax decision correctly.
Assume a strict interpretation of FCC 00-341, favoring the MVPDs.
1. If you set the recorder to the cable channels, CGMS applies strictly.
2. If you set the recorder to OTA freqs, CGMS codes can be interpreted at most
to mean "copy once." Even if set to "copy never."
And #2 can be further constrained, if the CE vendor feels vulnerable to
Hollywood lawsuits. For example,
a. If the recoder incorporates a hard drive, anything "copy never" (when OTA
freqs are selected) can only be sent to the HDD.
b. If the recorder does not incorporate a hard drive, anything "copy never"
will become encrypted with a key that only THAT device can decode (when OTA
freqs are selected). So for example, a DVD recorded from that machine can only
be played back from that same machine.
This way, you are preventing anything transmitted OTA, even with "copy never,"
from being (easily) distributable, while at the same time, honoring the Betamax
decision.
I don't think ay of this is hard to figure out. I can't think of any valid
excuse why this wasn't done. THEREFORE, I don't trust that this new, or
renewed, MPAA request would be handled properly either.
THEREFORE, as far as I'm concerned, the studios may continue to delay the
broadcast of movies via MVPDs as they have done in the past, as an
anti-pirating measure. Rather than give more latitude to studios, CE vendors,
and broadcasters, to ignore Supreme Court decisions.
Bert
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