[opendtv] Re: The Copyright Office Report
- From: John Willkie <johnwillkie@xxxxxxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Wed, 2 Jul 2008 09:47:41 -0700 (GMT-07:00)
I think they should, but I doubt they will. (There should be an exception for
small systems not owned or controlled by a MSO).
I think that will put cable on an even footing with streamed Internet content
and downloads, which have negotiated copyright payments.
John Willkie
-----Original Message-----
>From: Tom Barry <trbarry@xxxxxxxxxxx>
>Sent: Jul 2, 2008 3:35 AM
>To: opendtv@xxxxxxxxxxxxx
>Subject: [opendtv] Re: The Copyright Office Report
>
>
>
>John Willkie wrote:
> > The most realistic thing they can do is to phase out cable's
>exemption from copyright licenses, at least for all but the smallest
>systems.
> >
>Is this at all likely? What do you think would be the implications if
>they did?
>
>- Tom
>
>> Well, I've read most of the report (up to page 200).
>>
>> It was required by the SHVERA in 2004. It makes several proposals to
>> streamline and rationalize the copyright act as pertains to television
>> stations carried on satellite and cable, including several alternatives.
>> But, not eliminating the payments, except for local-into-local cable, to be
>> just like local-into-local DBS.
>>
>> It notes the current breadth of the video marketplace, including streaming,
>> downloads, iTunes, and network and local station web sites.
>>
>> In the greenfield, territory, it deals with the Capitol Broadcasting
>> proposal for a somewhat restrictive cable-over-internet, and concludes that
>> it isn't entitled to cable compulsory license, at least absent legislation.
>>
>> It draws a distinction between that proposal and walled garden systems like
>> Verizon FIOS TV and AT&T U-verse, finding that the others are very analogous
>> to cable, and are probably entitled to cable compulsory license.
>>
>> The SHVERA licenses run out at the end of next year. Some fun could be had
>> with some provisions between Feb 17, 2009 and the end of the year.
>>
>> However, the whole thing requires Congressional action, and serious work is
>> not something that the current congress will ever be known for, and I doubt
>> that the next one will be worse, if Empress Pelosi and "Dingy" Harry Reid
>> retain their current posts.
>>
>> Basically, the report advocates eliminating several of the compulsory
>> licenses and opening up cable copyright issues to market forces, since the
>> scope and character of cable systems have changed radically since 1976.
>> Indeed, cable is now a bigger business than ota tv.
>>
>> There are several digital wrinkles, but only time will tell if the next
>> congress can avoid the dog-and-pony shows that have characterized the
>> current one.
>>
>> The most realistic thing they can do is to phase out cable's exemption from
>> copyright licenses, at least for all but the smallest systems.
>>
>> John Willkie
>>
>>
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>
>--
>Tom Barry trbarry@xxxxxxxxxxx
>
>
>
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