[opendtv] Re: Microsoft's Masters: Whose Rules Does Your Media Center Play By?

  • From: John Willkie <johnwillkie@xxxxxxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Fri, 23 May 2008 16:27:03 -0700 (GMT-07:00)

<accurate but insulting comment deleted>  (see, even I can play 
passive-aggressive, for fun)

Other than consumers chosing a different vendor, there is no body, agency or 
organization in the United States (and, I strongly suspect, elsewhere) that has 
the authority to impose such a fine, and even if there were such a law (Rep. 
Markey, the idiot, is probably already scheduling hearings), it would be 
quickly be overturned by the courts.

Microsoft could decide that you can only record red and green video and AC-3 
streams of less than 128 bits per second, and -- absent perhaps notifying 
prospects -- would be abridging any consumer right.  It would be foolish to do 
so, but wierder things have happened in the past.

Prove me wrong: point me to the statute, regulation, public policy or court 
decision that explicitly outlines this putative "right."  Perhaps it's not a 
civil right, but a human right?  Was it addressed in the Ten Commandments, or 
in the Talmud or the Koran or some other religious tract?  (Hint, the Betamax 
and MGM decisions aren't on point, since they address radically different 
threat models and the former a lower-quality form of capture than the signal 
transmitted by a broadcast station.)

No law forces consumers to buy these units.  Others are available, although I'm 
not so sure about (H)DTV viewing options on Macs, there are Linux drivers 
available for DTV tuners.

John Willkie


-----Original Message-----
>From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
>Sent: May 23, 2008 3:38 PM
>To: opendtv@xxxxxxxxxxxxx
>Subject: [opendtv] Re: Microsoft's Masters: Whose Rules Does Your Media Center 
>Play By?
>
>Adam Goldberg wrote:
>
>> There is no law, regulation or otherwise which requires or
>> obligates MSFT to obey "do not record" commands in over-the-air
>> broadcast content.
>
>Unfotunately, I think the problem is that there is no law FORBIDDING
>Microsoft from so doing. And from what I have seen posted on here, CE
>manufacturers are fretting more about being sued by the media moguls for
>not doing draconian things with these flags than they are worried about
>being fined for abridging the consumers' rights.
>
>"Making sure we are doing the right thing," they call it. Right by whose
>definition?
>
>Bert
> 
> 
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