[opendtv] Re: MPAA wants to stop DVRs from recording some movies
- From: Craig Birkmaier <craig@xxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Fri, 27 Jun 2008 12:03:38 -0400
At 11:10 AM -0700 6/26/08, dan.grimes@xxxxxxxx wrote:
The contractual aspect, and the differences between the broadcaster
and the MVPD is a good point and one that I had not considered. I do
not have a contract with an MVPD so I do not know what is stated in
them.
I would still argue for the right to record and playback a program I
pay for, and be able to display it on any screen I want for my
personal consumption (mind you not public display). But if one signs
a contract saying they will only watch the media on a particular
type of screen, at a particular time, and using only a particular
technology, then that is what they must do.
This has been an interesting thread, but we still have not answered
Dan's basic question about his perceived right to record a copy of a
VOD event.
The essence of this discussion revolves around the contract between
the content provider and the consumer. In the case of the pre-DVD
release window, for VOD of new movie titles, there are actually two
contracts: one between the content provider (the studios) and the
distributor (cable/DBS), and another between the distributor and the
subscriber. I will get into some of these contracts shortly.
In the case of recording Free To Air (FTA) broadcasts there is an
implied contract between the broadcaster and the viewer:
WE provide the content in the free and clear and YOU watch the
commercials that pay for the content.
In the Betamax decision, the Court found that time shifting of
broadcast programming is a non-infringing use of a VCR. The decision
says nothing about the viewer's rights relative to the abilty to skip
commercials. But there are those in the broadcast industry who
believe that the implied contract requires the viewer to watch te
commercials...
sorry, NO potty breaks, NO channel surfing during the commercial
pods, and NO skipping of commercials.
Needless to say, broadcasters advocating such a contract have not
been able to get their political buddies to legislate this implied
contract. I believe that Congress did pass legislation in the late
'80s giving consumers the right to make legal copies of content, but
do not recall the specifics.
The media conglomerates have taken advantage of the shift to digital
distribution to try and extend their ability to control our usage of
their products as we discuss regularly on this list. They have tried
a wide range of techniques some more successful than others.
As a point of reference, the contract when you go to the movie
theater is highly restrictive. You can watch but not record that
specific exhibition of the movie, and each person must have their own
ticket (something that is nearly impossible to manage when the same
movie is delivered to a home for one or multiple viewers).
When we initiate a PPV or VOD event with a cable or DBS service there
is a real contract that controls our usage rights. These services
want the market advantage of being able to offer new movies before
they become available at Blockbuster, and thus may help the content
owner restrict the usage rights - for example blocking the recording
of the movie, especially on a leased STB with PVR capability.
But the MPVDs also want to keep the subscriber happy. Thus we see
cable STBs with PVRs that allow Fast Forward and Rewind, but we do
not see buttons on their remote controls labeled skip 30 or skip 60,
as is the case with a Tivo.
Bottom line, the MPVD can block your ability to record a PPV event if
this is a requirement of their contract with the content provider.
There are may other examples of negotiated usage rights between a
service and it's consumers.
The iTunes store usesApple's FairPlay DRM to control usage of music,
audio books, movies, and TV shows. These usage rights are fairly
liberal compared to other services, but can still be very
restrictive. For movie rentals you can view the movie on various
devices including Apple TV, a computer, an iPod or an iPhone. You
have 30 days to open the downloaded file, but once you hit play you
have only 24 hours to view the movie. You cannot make a copy of the
movie, and after the 24 hour usage period you can no longer open the
file.
Another example is the video download services that have proprietary
player applications that restrict usage rights. Many of these
services do not allow you to skip the commercials.
So to answer Dan's question directly, unfortunately, the studios can
prevent you from making a copy of a movie based on the terms of the
contract that you agree to when you buy the right to view their
content.
Regards
Craig
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