[opendtv] Re: Senate Drafts Huge Telecom Bill

  • From: Tom Barry <trbarry@xxxxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Tue, 02 May 2006 23:14:53 -0400


Albert Manfredi wrote:
 > Another possibility is to allow this sort of copy-never program to be
 > recorded only if the recorder on which the DVD is burned imprints a 
key on
 > the recording. After which, that same machine is the only one which 
can play
 > it back. Inconvenient for those who legitimately want to play back 
the DVD
 > in some other home appliance, but at least it doesn't flagrantly 
ignore an
 > FCC order.

Yes, and we can all probably imagine some clever ways to get around some 
of these restrictions, some of which might even work.  But the point is 
really not whether these copy protections work, but rather whether they 
will be "approved robust technologies".  It is that robustness and 
approval process which becomes expensive, subject to lobbying, and which 
becomes a mandated patent royalty tax on all new CE companies wishing to 
enter a space.  In order to not be challenged by Hollywood the companies 
may have to bargain things like not skipping commercials or accepting 
those same restrictions that causes Hollywood to blame it on a CE 
company design decision ("and be yanked around by the nose").

- Tom






> Tom Barry wrote:
> 
> 
>>Except it grants the FCC the power to implement
>>things like the Broadcast Flag, limiting what technology
>>can be legally implemented to record OTA signals.
> 
> 
> Tom, that depends entirely on which FCC regulations the manufacturers think 
> they can circumvent. I'm not sure why, for example, DVDR manufacturers now 
> think it's "safer" to prevent copying of "copy never" programs, given that 
> the FCC has stated unequivocally that time-shift recording must be permitted 
> always. What makes them think it's "safer" to ignore an FCC order?
> 
> So it's up to the FCC to *enforce* its orders, already, and not let 
> manufacturers get yanked around by the nose by the Hollywood studios or 
> whoever it is they feel threatened by. I think it's all a question of what 
> is perceived, by manufacturers, to be the greater risk.
> 
> Here's a f'rinstance. If manufacturers feel so threatened by whomever, they 
> can invent a DVD+/-RW in which the recording only lasts a matter of weeks or 
> months. If such a DVD is loaded in the recorder, the recorder must allow 
> recording of any program, even "copy never" ones.
> 
> Another possibility is to allow this sort of copy-never program to be 
> recorded only if the recorder on which the DVD is burned imprints a key on 
> the recording. After which, that same machine is the only one which can play 
> it back. Inconvenient for those who legitimately want to play back the DVD 
> in some other home appliance, but at least it doesn't flagrantly ignore an 
> FCC order.
> 
> The FCC is supposed to respond to the interests of consumers too, not just 
> consider consumers as an afterthought. It really frosts me to see COPY PROT 
> on my recorder, and then have the broadcaster play the "Gee, it isn't us, it 
> must be your recorder" game. TiVos and other legit time-shift devices should 
> be perfectly safe, no matter broadcast flag. And not just for OTA signals, 
> either.
> 
> Bert
> 
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