[opendtv] Re: Two articles about sticking it to the TV consumer
- From: dan.grimes@xxxxxxxx
- To: opendtv@xxxxxxxxxxxxx
- Date: Mon, 5 Oct 2009 18:42:15 -0700
Craig:
I agree with all of your insights. You have a much better grasp of all
the inner workings than I do. And I very much agree with your opinions.
My comparison was more about the power struggles than anything. But you
took the analogy much further with rather nice application.
My argument was more in lines with "fair use" of media (or parks) that is
broadcast and/or distributed to the masses. We've discussed it before on
this board and some of us have disagreed.
The irony here is that as a consumer, we can do more with OTA than MVPD
media, but much of the power over MVPD is because of the OTA. Or perhaps
my understanding it too simplistic. But I offer up, what if OTA went away
and only the MVPD was available to the customer? What "fair use" would we
have left of media, especially if it went all digital? I propose that it
could be seriously hampered.
I offer an opinion: if it is broadcast over open air ways, you have the
right to consume it. That includes place shift it, time shift it, even
share it. It was out there for all to use and see and all should be able
to do so. If the broadcasters or media producers don't want it to be that
open, don't put it on the air waves. Dare I even say, we should have the
right to distribute it. Now if we had some morals left in our society, it
would be obvious that the line is drawn at selling it; that is
out-of-bounds. But if we want to have a large crowd at a local gathering
place (bar, church, home) to watch the Superbowl, it is out there on the
airwaves and we should have the right to receive it and display it. If
the media companies don't like that, don't put it out there.
Now, dare we apply that to internet traffic? If I said yes, would you I
get an earful?
Here is where it gets tricky: since MVPD is a private utility, there is
much more control. With private control, there is much more power and you
better just give up your right to do anything but stare at the screen.
This is what I am seeing within our struggle to install a localized and
controlled IPTV system. Even if there were fair use, and it has been
argued that there is not with an MVPD, all the MVPD need to do is cut you
off if they don't like what they see, levying leans and fines if they want
to. Is this the kind of power they should have?
This is why I say that we could be hurt if we lose OTA and current "fair
use" laws. I realize this is met with much criticism by many. And if our
society would follow better ethics and morals there wouldn't even be a
need to discuss it as people would use it by fair means. But I would say
that there will come a day when you'll be lucky to consume the media even
if you are paying for it. I would argue that we are already there. I
might say the same of our National Parks.
Dan
(PS: I bet I would get an earful if I offered the opinion that an MVPD is
not really a private utility but should be a community resource, providing
the same rights and responsibilities of a true broadcast.)
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