[opendtv] Re: MPAA wants to stop DVRs from recording some movies

  • From: Tom Barry <trbarry@xxxxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Sat, 28 Jun 2008 16:23:31 -0400

Didn't the old and now failed USDTV have some encrypted channels? And I thought there was also some new (but announced) startup that operated similarly but also used the Internet in addition to ATSC sub-channels. Something with a big hard drive but I don't remember the name or details.


I tend to avoid purchasing encrypted pay channels because I'm cheap and also usually cannot then use them to view on my computer driven system due to the copy protection. But I don't really have anything against them in principle. Like advertising supported material (or a mix of both) I think they fit in a valid business model.

- Tom

John Willkie wrote:
to pick a nit, the only restriction on over the air broadcasters in the U.S. is 
that they transmit a single a/v channel (at least equivalent to an NTSC channel 
in quality) in the clear.

They can transmit any other virtual channels encrypted.  I don't think anyone 
in the U.S. is using ATSC to transmit encrypted a/v content.  Encrypted 
content, or non-advertiser supported content, invokes payment of 5% of net 
revenues for that service to the U.S. government.

The relevance of this distinction might be illustrated in practice in the 
not-so-distant future.

John Willkie

-----Original Message-----
From: Craig Birkmaier <craig@xxxxxxxxx>
Sent: Jun 28, 2008 5:03 AM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: MPAA wants to stop DVRs from recording some movies

At 9:53 PM -0400 6/27/08, Albert Manfredi wrote:
 > You know, sort of like locking your car. No one is allowed
 to steal stuff from your car, or steal the car itself. That
 does NOT mean that car manufacturers don't need to install
 locks, however. They should, definitely.
In this climate of proud and deliberate, peristent, obtuseness, I should not have used the above analogy.

My intention was merely to say that the problem of unlawful copy protection can be attacked at both ends. At the FOTA broadcaster or content owner's end (supply), copy protection is not allowed. Period.

But that DOES NOT mean that CE manufacturers have to trust the supply end to do what's lawful. Since there are simple means to make the system work as the courts intend, CE vendors should use those simple means. No need to trust the other guy to be doing the right thing, in this case.

Or restated, you are NOT "circumventing" a copy protection mechanism, since such mechanism does not, or more accurately should not, by law, exist.
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.

Can you show me anything that says that broadcasters CANNOT invoke a regimen that restricts copying of a program?

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.. Note, tat they can regulate some aspects of what a TV receiver is, thanks to the All Channel Receiver Act, which gave them the authority to require HF and now ATSC receivers in a device.

Regards
Craig



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Tom Barry                  trbarry@xxxxxxxxxxx  



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