[opendtv] Re: MPAA wants to stop DVRs from recording some movies
- From: Albert Manfredi <albert.e.manfredi@xxxxxxxxxx>
- To: <opendtv@xxxxxxxxxxxxx>
- Date: Sat, 28 Jun 2008 16:04:37 -0400
Craig Birkmaier wrote:
> The only restriction on FTA broadcasts is that they be
> delivered in the free and clear. The Betamax decision did
> not say that copy protection is not allowed, only that using
> the VCRfor time shifting was a non infringing use.
Yes, I totally agree. But Adam introduced another document, 17 USC 1201, which
actually went further and did say that copy protection was not allowed in FOTA
transmissions.
> Can you show me anything that says that broadcasters
> CANNOT invoke a regimen that restricts copying of a program?
The Betamax decision of 1984 made it plain that, at the at the very least for
programming transmitted FOTA, consumers have the right to record for their own,
personal, use. Even multiple viewings. If you read the actual decision, I could
not find any words in the arguments they used that suggested any difference
should even apply to MVPDs, although a brief mention of FOTA was made at the
start.
That 1984 decision applies to the "source side," meaning content owners and/or
the broadcast station, seems clear to me.
If it's not clear to others, then thankfully Adam brought up 1201, of 1999,
which stated it much more explicitly.
But you are absolutely right. *If* OTA broadcasters introduce conditional
access transmissions, *then* they would most certainly be allowed to prevent
copying of their transmissions by consumers. And with DTT, OTA broadcasters are
allowed to introduce CA on any of their subchannels, as long as they include
one SD (minimum) FOTA channel.
> The real issue is whether they can force the manufacturers
> of downstream devices to honor any attempts to restrict
> copying. They tried with the Broadcast Flag, but lost because
> the courts ruled that the FCC does not have the authority to
> regulate how devices that are used to view broadcasts deal
> with this issue..
That's one issue. My continued position is the opposite side of that, i.e.
recording devices that allow the source side to do illegal things. Also, the
ATSC redistribution control mechanism is, in principle, a lot more fine-grained
than just binary "redistribution control" flag. I very much doubt that in its
simplest binary incarnation, or even in a more complete version, the FCC or the
courts would have allowed this flag to overturn the 1984 Betamax decision.
Well, in fact, the courts made this absolutely plain, didn't they. They threw
out the whole stinking mess. So now there's no debating any of it.
But you made another point in a previous posting. The 1984 decision clearly
allows for recording devices to have a fast forward control. It does not say
anything about out and out ad skipping.
And in this regard, my long-standing position has been that as far as I'm
concerned, if the FCC forbids ad skipping per se, I'd have no beef with that
decision.
Bert
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