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EFF And MPAA On Broadcast Flags

mpawlo writes: "Greplaw reports that a broadcast flag is a digital tagging technique used for television programs distributed through digital TV stations. The broadcast flag is used as information stating that the program may not be redistributed. It is not your everyday digital watermarking technique. The idea is to mandate a standard for a broadcast flag. The content providers, through The Motion Picture Association ('MPAA'), will most likely aim for the standard to be lobbied into a law through The Broadcast Protection Discussion Group. Hence, the law would require all hardware able to play the digital TV content to carry broadcast flag equipment (not playing unmarked content). The Electronic Frontier Foundation ('EFF') fears that a law stipulating the standard would threaten creativity. The MPAA has published a list of frequently asked questions ('FAQ') regarding broadcast flags. The EFF has commented the MPAA FAQ."

25 of 148 comments (clear)

  1. The problem isn't home recording by mangu · · Score: 3, Insightful

    People who do bulk pirating can get rid of that kind of protection easily. At the extreme, they would do one step of analog copying, then put it back into digital for an unlimited number of generations.

  2. Great!!! by kavel · · Score: 3, Funny

    We will have to start getting mod chips for our cable boxes now :)

  3. EFF version has it all by peterdaly · · Score: 3, Informative

    The EFF version has (I believe, based on a quick scan) all of the content from both the MPAA version and the EFF version.

    You can skip MPAA document and go right to the EFF version without missing anything.

    -Pete

  4. Re:VHS Recording... by Tony+Hoyle · · Score: 4, Insightful

    I agree it does seem a bit pointless. It's already illegal to record something and make 50,000 copies of it for sale in Taiwan, so how does this flag help anything? They want to make recording to VCR illegal, just because the recording media happens to be hard disk rather than magnetic tape?

    Since it's digital it's also trivial to remove said flag, so it won't even slow the pirates down, let alone stop them.

  5. From MPAA's FAQ by dattaway · · Score: 5, Interesting

    ...protecting content, broadcast or otherwise, will spur the availability of high definition content and thus spur innovation for the systems, devices and services needed to deliver and support them in a broadband environment.

    They sure love the word spur, which is derived from the term used to kick the shit out of a horse to get it going. A spur is a sharp instrument worn on the ankle of an abusive cowboy to beat a tired horse into submission.

    Is this what the MPAA has in store for consumers? Wouldn't you love to have the MPAA spur your living room technology?

  6. Guy Montag! by 1010011010 · · Score: 5, Insightful

    Where are you?

    Once they lock down electronic media, they will want to plug "the analog hole."

    We are in the middle of a slow descent back into illiteracy. It's no economics and lack of education driving it. It's the people in control. They want to control you, the information you can get, and how you can use that information.

    Broadcast news is insipid, but print is a little better, for now. This is largely because it's easier to spot stupidity in written form, when you're not distracted by boobies, animated graphics and short sound/video clips.

    Once you can't control your electronic entertainment anymore, because of DRM, broadcast tags, Fritz Hollings's legislation, Palladium, etc., what will you do?

    Newspapers and books? How long will those be allowed to exist in their current forms? Paper?!?! How insecure! There will be e-books and e-paper, as in Minority Report. And you won't have control over those either.

    In Minority Report, there was scene of a guy on a train reading an "E-USA Today." The front page, which he was reading, changed to the Official Story about the A-Large PreCriminal without the reader requesting it. The reader was told what to read.

    Who doubts that this will not be turned into reality?

    The problem with science fiction is that it's pretty depressing. So much of it depicts a totalitarian future of some sort. These stories capture and guide the imaginations and creative energy of the current and future generations of designers and engineers. How long have people been working on making things they've seen in Star Trek and Star Wars? And more depressing works, like Minority report?

    It's all very anti-freedom, anti-citizen, and stupid.

    --
    Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    1. Re:Guy Montag! by nathanh · · Score: 3, Insightful
      In Minority Report, there was scene of a guy on a train reading an "E-USA Today." The front page, which he was reading, changed to the Official Story about the A-Large PreCriminal without the reader requesting it. The reader was told what to read.

      Or perhaps the reader had set his E-USA Today Preferences to automatically switch to #1 priority news as it was released. The E-USA Today provider was simply giving the consumer what he asked for. There's no reason for you to assume the worst.

    2. Re:Guy Montag! by richieb · · Score: 3, Insightful
      The beauty of the now (excuse the MR pun) is that I can create content and set it free, and If you don't like mine, then find someone whose agenda you do like.

      That's true for now. But as the technology for playback gets locked down, you'll find that to release content for free you have to pay licensing fees to get your content playable as an e-book, e-movie etc.

      This has happened before. Look how tightly printing presses or copy machines were controlled in Communist countries.

      Look what happened to "micro-radio" stations. You can provide your own content, but just try and broadcast it.

      Look at the service agreements with you Cable/DSL service providers. No servers allowed!

      --
      ...richie - It is a good day to code.
  7. One small obstacle by The+Cat · · Score: 3, Redundant

    Amendment I

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

    This, along with the M$ stuff, is drifting towards "only approved content will play on your [TV/Rio/PC/PDA]" Who approves the content? Whoops! First amendment!

    GOODNIGHT EVERYBODY!!!

  8. This would affect any player prorgam by GoatPigSheep · · Score: 3, Interesting

    So basically they are saying that every video playback software on computers would have to support this? Would this kill open-source video playback software?

    On the other hand, like most copy protection measures, it will surely be cracked within a day or two.

    --
    GoatPigSheep, the 3 most important food groups
  9. Ok ... i found the answer myself by Tensor · · Score: 4, Informative

    The last point of the EFF FAQ:

    Q: When the broadcast flag is implemented, can I record any TV program with my existing digital player/recorder and watch it later at more convenient time?

    MPAA answer: Yes. If you own an early model digital player/recorder, you will be able to record and playback time-shifted digital recordings of flagged broadcasts. These digital recordings will also play on legacy DVD players. However, when Broadcast Flag-compliant DTV receivers are introduced in the marketplace, their recordings will only play on other compliant players and not on older (legacy) devices. Of course, you can still record and playback digital programs with any existing analog videocassettes recorders/players. The broadcast flag does not affect what you have been able to do in the analog world.

    EFF comment: This answer confirms that "Compliant" devices produced under the BPDG-proposed rules are less capable than current-generation devices.

    i wonder if they also record device-specific information. like preventing me to watch a movie i recorded at my friend's house (digitally of course)

  10. Distribution Channels by corby · · Score: 4, Insightful

    Broadcast flags will do absolutely nothing to deter the Internet trading of copyrighted broadcast video. Anybody interested in publishing recorded video will just use known hacks to extract video from their Tivo or other recording device.The flags may deter Joe Sixpack from copying a recorded video, but Joe is not the person who publishes original videostreams to filesharing networks anyway.

    As with the RIAA, the MPAA is using filesharing as a pretense to make a big powergrab over their potential competitors.

    They want to be recognized as the only legitimate video content publishers, thus locking out potential upstart competitors that may be empowered by new video distribution networks.

    And they want to dictate all terms to consumer electronics manufacturers, who in many cases are their direct competitors. It becomes much easier to shut out electronics manufacturers that are not part of the MPAA when you are drafting the legislation that governs their rules of business.

  11. Most people are honest by SashaM · · Score: 5, Insightful

    Q: Even if the motion picture and other industries come up with a system to protect this content with a broadcast flag, the security technology will just be broken into and made worthless in a very short time. Given that, whats the point?

    MPAA answer: It is unfortunate that some people may attempt to illegally hack or break into this security system. However, even if a few are successful, the flag will not be worthless. Most people are honest and will not attempt to circumvent the flag.

    So if most people are honest and will not attempt to circumvent the flag, why not just trust the people not to do the horrible, dishonest deeds this measure wants to prevent?

  12. Obligatory "Right to Read" Link by extrasolar · · Score: 3, Informative
    Newspapers and books? How long will those be allowed to exist in their current forms? Paper?!?! How insecure! There will be e-books and e-paper, as in Minority Report. And you won't have control over those either.

    Stallman's "Right to Read"

    I guess, what doesn't kill us makes us stupid.

    1. Re:Obligatory "Right to Read" Link by 1010011010 · · Score: 5, Interesting

      From the notes at the end of "Right to Read":
      [...] the idea that the FBI and Microsoft will keep the root passwords for personal computers, and not let you have them, has not been proposed. This is an extrapolation from the Clipper chip and similar US government key-escrow proposals, together with a long-term trend: computer systems are increasingly set up to give absentee operators control over the people actually using the computer system.

      But we are coming steadily closer to that point. In 2001, Disney-funded Senator Hollings proposed a bill called the SSSCA that would require every new computer to have mandatory copy-restriction facilities that the user cannot bypass.
      Well, it's been proposed now. It's called "Palladium." What's a good non-computer career that pays well?
      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
  13. Does anyone else see this trend? by Seekerofknowledge · · Score: 5, Insightful

    The trend I am talking about is the recent trend of organizations who supply services and/or content are no longer thinking about what the recipients of that service want? The MPAA and RIAA are continuously aiming for more restrictive controls, legislation, and whatnot. This just does not make sense to me. How can it be possible that an organization whose sole purpose is to make money by supplying consumers with what they want no longer be paying attention to what the consumers want? It baffles me, that they are now attempting to lock-in the recipient of their services, rather than adapt and give the recipient what they want.

    Why is it that organizations so huge can become so blatantly selfish? Without consumers, they cannot make money -- their ultimate goal. Yes this is also selfish, but not in the same sense that they are no longer paying attention to what is wanted of them. They have been forced with a situation where consumers wants have changed, and they can no longer continue to make money doing what they currently do. They have to options, keep giving the consumers what they are getting now -- but what they no longer want. Or, give them what they want.

    The choice they chose is obvious.

    It is just disturbing how organizations like this have lost so much respect for the buying public.

  14. A Few Choice Quotes by ShoeHead · · Score: 4, Interesting
    from the FAQ:
    Implementation of this broadcast flag will permit digital TV stations to obtain high value content and assure consumers a continued source of attractive, free, over-the-air programming without limiting the consumer's ability to make personal copies
    Sounds good. But, do we trust them?
    ...of some 70 organizations that participated in the BPDG, only some 14 submitted dissenting comments on one or more issues. Of these 14 dissenters, six were self-styled "consumer" groups that appear to be opposed in principle to any restraints whatsoever on the reproduction and redistribution of content.
    I like how they cast a little doubt on whether or not these guys are actually representing consumers. Who else would they be for? Who else might there be but the artists/actors?

    They go on to say what seems like... aw who cares. There's so much in that FAQ that just makes me want to grab one of their execs, throw em in a chair, and grill them about what they actually believe. Crazy stuff.

    The whole thing smells like (is) propaganda, but that's the age we live in.
  15. What about independent content providers? by Chris-Moose · · Score: 4, Insightful

    Will the new players be able to play unmarked video content? If not, I cannot view my own library of home videos I have created of my family. I will also be unable to electronically distribute my videos, even if I should desire to do so. Given the popularity of the "Reality TV" shows these days that depend on home video and security camera footage, this could be a problem for the TV networks looking for shows to broadcast.

    Will I be able to mark my content in the same manner as the big studios do? If I cannot, then this "broadcast flag" becomes a means for the current content providers to effectively ban any new competition.

    Will I be able to obtain technical details of the new flag in order that I may create my own recording/playback equipment that is compliant with this? If not, then it becomes a means of creating a monopoly in the consumer electronics market. If I can get the technical information, it becomes a joke as that same information would make it trivially easy to defeat the broadcast flag at will.

  16. Bundling up restrictions is a *bad* idea by Anonymous Coward · · Score: 5, Insightful

    Now that it's virtually dead, I went to buy a Playstation recently, in order to play lots of old Square games.

    I'm a Brit, and I have friends in the states, so I was planning on having them ship me some games (Chrono Trigger, etc, stuff you can't get here *at all*).

    Now, I had a choice. I could not be able to play any import games, even ones that I purchased, or were purchased for me, or I could get my Playstation modded. I chose the latter.

    Now, temptation wise, if somebody offers me a copied game, I probably won't say no. If they hadn't put stupid region locks on, I would probably never have bothered - it's nice to be honest sometimes, but since they force me to mod it in the first place, then it means odds are I will end up pirating something.

    Everyone of these protections can be circumvented in the end - and if it's pushed too far (as with DVDs) you will turn a substantial proportion of your customers into criminals (or at the very least, people who are happy to change the way your system works)....

  17. Re:Its Clear. by martyn+s · · Score: 4, Insightful

    The consumerism goes beyond that. Consumerist culture says that if you want something you should have to pay for it, and if you're not willing to pay for it, you don't want it. That there is nothing to gain by making things available for free (ever heard of a library?).

    I don't even think all of these technological measures enforcing copyright would be so terrible, if after 12 years, all copyrighted works would be available for all.

    Our copyright laws are outdated. They were created in a time when there was no such thing as a free book, or a free movie, because there were printing costs, and there was a natural scarcity to these products. So no one was really hurt too much by giving the author exclusive right to sell it. But now we are imposing artificial scarcity onto art, locking it up forever, just to squeeze an extra 10% of revenue out of it, and preventing 99.9% of people who would've seen it if it were free, from seeing it at all.

  18. Commercial blocker by anthony_dipierro · · Score: 3, Funny

    The broadcast flag is used as information stating that the program may not be redistributed.

    As long as they only turn on the flag during the commercials, sounds like a great idea!

  19. Where we can go from here... by Insanity · · Score: 3, Interesting

    The holy grail of copy protection is to keep everything off the internet, and thus, off the personal computer. General purpose computing devices are the biggest threat, and everything possible is being done to cripple them.

    For now, we can get HD signals over component analog outputs, which when done right, are of excellent quality. And capture cards with component inputs will come around soon enough. Macrovision in these cards is often implemented or enabled through the drivers, which can and will be hacked. So if we're using an external tuner and a capture card, the video can end up on a computer, just as long as macrovision over component is defeated.

    The enemy of this approach is the external tuner that refuses to output anything greater than 480p over component. We'll see about this - all TVs currently on the market will only accept HD signals over component, so this would be breaking compatibility with the entire installed base today. Mod chipping is a possibility here, or APEX-style hidden menus.

    Some day, we'll have HD transferred digitally over 1394. It's a certainty that your 1394 tv will accept a signal only from an approved 1394 tuner and will output only to an approved 1394 recording device that implements DRM. But interestingly enough, I have a 1394 port on my computer right now.

    I can transfer DV over 1394 from my camara to my computer. What's to stop me from transferring MPEG2 over it from my future tv? Correct me if I'm wrong, but the only thing stopping me is a lack of driver support, and the DRM layer in firewire. The latter is the challenge: cracking DRM at the hardware level. All the EE geeks of the world have their jobs cut out for them.

    So the question is this: how hard is it to build a black box that takes an mpeg2 video stream over 1394 and strips it of its copy protection? We usually can't fab our own ASICs, but what about FPGA? Can/will it reach high enough speeds to process firewire signals in realtime?

    Ah well, I'm skeptical. It seems to be taking an increasing amount of sophistication to defeat DRM, and the one thing the underground community doesn't do too well is coordinate its efforts. It would need the cooperation of the EE geeks for the hardware level DRM, the CS geeks for making mpeg2 over firewire work on the PC, etc.

    --
    Nix absolutably seriousness.
  20. Re:VHS Recording... by ckd · · Score: 4, Informative
    It is already legal to record anything shown on TV for personal use so I don't see how this extra 'bit flag' could become a reality...

    You don't mean "already". You mean "currently (despite the efforts of the MPAA)".

    I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone.
    --Jack Valenti, testimony to Congress, 1982.

    2001: US prerecorded videocassette sales are approximately $4 billion.

  21. New Pledge by fnurb · · Score: 5, Funny

    I Pledge allegiance to the broadcast flag of the Motion Picture Association of America, and to the restrictions for which it stands; one copyright, restricted, with freedom of access for none.

    --


    Flout 'em and scout 'em,
    and scout 'em and flout 'em;
    Thought is free. - Shakespeare [The Tempest]
  22. MPAA definition of honest by JamieF · · Score: 3, Insightful

    Exactly. Apparently "honesty" here is defined as technical inability to break the copy protection AND lack of any friends or contacts who are able to break the copy protection.

    Hey MPAA, DVDs already have copy protection, and that doesn't stop them from being swapped on P2P file sharing systems, IRC, FTP servers, and person to person via burner (just like floppies in the old days). Do you really think that this will be better than DVD/CSS security?

    BTW I was in Fry's Electronics yesterday and was astonished to see how cheap the various CD-RW and DVD-R/RW/whatever drives are (hadn't bothered to look at prices for a while). Remember the days (late 80s) when the main mode of copying software was floppy swap meets? One person cracked the copy protection, then folks physically went over to someone else's house where they made a copy for each person who then went home and did the same thing. CD-R[W] drives and media are in a similar price range now, and I see the same thing happening with CDs that I saw with floppies years ago. It's totally feasible to go over to your friend's house, bring a PC or two with you, and sit there and burn 100 or more CDs at a time.

    This is just a historical reminder about why copy protection is a foolish endeavor. The only difference between nobody being able to copy something and everybody being able to copy something is that one guy who cracks it. If you know anybody who has acquired a cracked copy, then everybody you know can get one.

    It's kinda like buying illegal drugs - if you want them, and you know somebody you trust who has them, you can get them. I bet that for every person who is sure they couldn't get them (and thus that the drug war is being won) there is a friend who can get them whom they just haven't bothered to ask yet. Hello, entertainment industry, welcome to your own private drug war. I can't wait to pay taxes for cops to put DVD copiers in jail right next to potheads.