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FCC Adopts Broadcast Flag Scheme

sbrown writes "Today, the FCC adopted the MPAA's "broadcast flag" scheme, requiring that digital broadcast receivers and anything that connects to them is now required to check for the presence of the flag and apply DRM restrictions to its outputs. Currently, no such restrictions are required by law. EFF Staff Technologist Seth Schoen comments: 'The FCC has decided that the way to get Americans to adopt digital TV is to make it cost more and do less.' The unusual aspect of the FCC's ruling is that the restrictions are applied even though the input signals are completely unencrypted. Thus, this technology regulation goes beyond even the scope of the DMCA. "Instead of a scheme that actually protects content, the Flag forces manufacturers to go back to the drawing board and make all their devices monitor for Flagged content," said Public Knowledge Senior Technology Counsel Mike Godwin."

sbrown continues: "However, the FCC isn't changing the format of DTV broadcasts at all. As a result, DTV equipment bought right now will continue to work forever, even though future-generation equipment will have fewer features. (For example, a current-generation DTV tuner card like this one can save any DTV broadcast as an MPEG-2 file on your hard drive. But that feature would become illegal in DTV cards after 2005.)"

And The Importance of notes "Note that the facts of the release include 'The broadcast flag protects consumers' use and enjoyment of broadcast video programming. The flag does not restrict copying in any way.'" CBS/Viacom says 'Today's decision by the FCC is an historic step forward for consumers.' The decision was unanimous, with detailed statements by the commissioners here, in PDF:

44 of 539 comments (clear)

  1. Hold on by Hi_2k · · Score: 5, Funny

    Its perfectly legal for them to beam these signals through our heads, on our property, but its not legal to decode the broadcasts that were in the clear without locking them down. God bless America.

    --
    When life gives you crap, Make Crapade.
    Sluggy Freelance.
  2. Eddie Izzard? by TimeForGuinness · · Score: 5, Funny
    Do you have a flag?

  3. Preditable by salesgeek · · Score: 4, Insightful

    I am becoming more and more convinced that intellectual property is on a collision course with personal liberty. Unfortunately, neither the Republicans or Demorats seem to get this yet.

    --
    -- $G
    1. Re:Preditable by kfg · · Score: 3, Insightful

      Don't get it? Are you kidding?

      Man, they're profiting from it pocket over money bearing fist.

      KFG

  4. Technical solution for social "problem" by Valar · · Score: 4, Insightful

    What is to keep me from building a device to mask out the broadcast bit and then passing it through?

    Can't be that complicated, and I'm sure someone will even start selling such devices, "for educational purposes only."

    1. Re:Technical solution for social "problem" by Doug+Merritt · · Score: 3, Informative
      Current laws say you can do whatever the hell you want to your property; it isn't the manufacturer's anymore once you buy it. (Notice I said current laws.) I'll learn how to mod all sorts of this hardware once it comes out. Come and fucking get me FCC. Someone correct me if I'm wrong.

      Incorrect. It has been against the law for decades to receive many kinds of broadcast signals, regardless of who created or modified the equipment. (Depending on details, it may or may not be legal to do the equipment modification without actually using it, but you can imagine that this is skating on thin ice in general.)

      For example, under many circumstances it can be illegal to listen to military bands, police bands, eavesdrop on cordless phones and cell phones, etc.

      The FCC has a broad mandate backed up by strong laws, and people do sometimes go to jail for violating them.

      Anyone interested in learning about this: check up on the abundant how-to material for ham radio enthusiasts; that tends to be where it's most accessible.

      --
      Professional Wild-Eyed Visionary
    2. Re:Technical solution for social "problem" by Anonymous Coward · · Score: 3, Interesting

      I know hardware; I know TV signals; I have already worked on TV decoders for encrypted broadcasts and cable signals. I will be working on these.

      However, I won't be selling decoders. Instead, I will release it through the hacker channels. Those that can, will build their own. Those that can't, will do without. Those that try to capitalize on my designs by selling illegal boxes, will be hunted down by the DCMA dogs.

      Our political and business leaders forget how the USA got started. In time, we will remind them!

    3. Re:Technical solution for social "problem" by deblau · · Score: 3, Interesting

      Nothing prevents you from making such a device. Of course, up until recently, US law prevented jack-booted thugs from kicking down your door and arresting you for building devices that bypass copyright security features. Now they can, even if you do it "for educational purposes only".

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
  5. What, like region encoding? by Suicyco · · Score: 4, Insightful

    This will work just as well. So the average consumer will be hampered while the clued techy will be able to do what they've always done. Seems silly to me, to requiring others to provide a means to protect somebody elses property. Thats like the government requiring all theives to respect a "please do not steal" sticker on any car that has one.

  6. "does not restrict copying" ??? by Anonymous Coward · · Score: 5, Insightful

    How do you reconcile 'The flag does not restrict copying in any way' with 'required to check for the presence of the flag and apply DRM restrictions to its outputs'?

    What is the purpose of the DRM if not to restrict copying in some way/shape/form?

    Of course, it doesn't matter. Just about everything on TV these days, broadcast, cable, or satelite, is pure shite these days.

    -paul

  7. Digital TV is dead by Pieroxy · · Score: 3, Interesting

    Don't worry, this will just sign the death of digital TV as we could have known it.

    These guys think backward. People want more, not less than whatever they have today.
    So tomorrow you'll buy a Digital TV and you'll find yourself unable to record your favorite show because of the fscking flag. Then you'll spread the word of wisdom: Don't buy this sh*t! And nobody will shift to this wonderfully restricted technology because it is worse (end-user wise) than what users have today....

    Digital TV is dead. The FCC killed it. Will there be a trial?

  8. Books by Tattva · · Score: 4, Funny

    It looks like literature is the last refuge of the free these days. When they take that away, I'll memorize a few books and live down by the train tracks.

    --
    personal attacks hurt, especially when deserved
  9. Hmmm... by leviramsey · · Score: 5, Interesting

    With no encryption, I'm not sure that distributing hacks to disable the flag would qualify as a DMCA violation... that's the interesting question.

  10. Someone please clarify... by xigxag · · Score: 3, Interesting

    I know everyone here thinks that the freedom to copy other people's IP should be totally unfettered, and I guess I sorta agree :), but all things considered, to me this plan doesn't sound so bad.

    At least, my cursory five-minute perusal of the FCC statement seemed to indicate to me that:

    1) You can still copy and archive with perfect digital fidelity, you just can't redistribute it outside your home network.

    2) You can still copy and redistribute digitally at a lower resolution.

    3) Unprotected analog output is also allowed.

    So what exactly is the problem here?

    --
    There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
    1. Re:Someone please clarify... by Hi_2k · · Score: 4, Interesting

      The problems are many: 1) How do you tell what's "Home network"? 2) Does my workplace count as part of my "Home network"? What about the lounge TV in a dorm? 3) Why does the redistribution have to be at lower resolution? I happen to be home to tape a show, my friend Bob isnt. He wants to borrow my copy. He, however, has to watch it in crappy-o-vision, despite the fact that the SAME FREAKING SIGNAL was beamed through his house. 4) Who decides what "Crappy-o-vision " is? It could well be unplayable. and these are just a few of the fair use issues.

      --
      When life gives you crap, Make Crapade.
      Sluggy Freelance.
    2. Re:Someone please clarify... by raygundan · · Score: 4, Interesting

      I haven't read the whole thing yet either, (MAN is it long.) but I suspect much of the outrage is due to the proposed spec which may or may not have been implemented exactly. The last slashdot article I saw on this showed a list of the possible values the flag could take:

      Retention_State_Indicator Retention Time
      000 Forever
      001 1 week
      010 2 days
      011 1 day
      100 12 hours
      101 6 hours
      110 3 hours
      111 90 minutes

      And that WAS for archival. Meaning that any recording that was not "unrestricted" was going to last a maximum of one week on your tivo/VCR/DVD+R/whatever. And who wants to guess how much TV will be "unrestricted?" And yes, sometimes your recordings would disappear in 90 minutes!!

      Anyway-- like I said, I don't know if this made it into the adopted version. But until *everybody* gets through reading that thing (and we all know the slashdot crowd isOh Look! A Puppy!)

      You can see why they might be a tad upset that this passed, thinking that something that ridiculous might apply to their recordings. Who knows if it's actually in the final spec, or what license-negotiation hoops Tivo or Samsung or DirecTV or whoever will jump through to protect THEIR investment in recording tech. We'll just have to wait and see.

      I know the day my tivo gets castrated like that is the day i'm done with television altogether.

  11. Tired of this by ItWasThem · · Score: 3, Insightful

    Damn it! I was bummed before and now I'm just pissed. I literally just finished ranting about this in the Red Hat thread!

    Corporations have destroyed our dream and our hobby that was technology. New ways to do new cool stuff whenever and however the hell we wanted.

    Gee I wonder why music sales are down and the economy is tanking. They get what they deserve.

    We handed them something great, tore down communication beariers around the world, toiled for decades building more and more for them, and they kicked us in the nuts, handed us the bill, and then told us we weren't patriotic because we didn't smile but that's okay because we are all just evil sons of bitches anyways.

    Yup. Now I'm pissed.

  12. Utterly POINTLESS! by YetAnotherName · · Score: 5, Interesting

    A broadcast flag is meaningless given that there are a number of solutions that already ignore it. I happen to have three such systems:

    1. Samsung SIR-T150 ATSC receiver, not known to recognize broadcast flag or de-rez component analog outputs.

    2. MyHD MDP-100 ATSC receiver card, not known to recognize broadcast flag or de-rez component analog outputs.

    3. HD-2000 Linux Only ATSC receiver card, with source code, which does not recognize broadcast flag, and can be reprogrammed to ignore it.

    And of course there's GNU Radio, a software only system to receiving, processing, and decoding digital television (and other kinds of) broadcasts, which can ignore the broadcast flag.

    The only way a broadcast flag will be useful is if the FCC, the MPAA, and our in-the-pocket politicians take the next logical step: make ignoring it illegal.

  13. Unfortunately, we'll get what our actions deserve by ciaran_o_riordan · · Score: 4, Interesting

    The "digital providers" will offer "Enhanced TV+", at a low cost initially. These boxes will allow recording of non-feature shows (95% of TV), and won't let you fast forward through ads. A few other trinkets will be thrown in.

    Basically, Big Business will provide the lowest level of service *that they know users will put up with*.

    DVDs: can't copy them, can't fast-forward through ads
    public reaction: "great picture quality"

    Twenty years ago, when the majority of software changed from being Free to being proprietary, there was no revolution, despite the public no longer being able to see what the software was doing, modify/fix it, or share it.

    Today, people think "stupid hippies want everything to be free". In twenty years time, people will laugh at you for expecting to be able to record a TV program.

    It's going to take a lot of work from a small number of people to prevent digital TV etc. from spoiling modern culture/freedom.

  14. DVD regions.. by wfberg · · Score: 4, Insightful

    Oh boy, this is really bad. I remember when they put that region encoding on DVDs, and boy, you sure can't find any region-free DVD players on the market, no sirree.. And it's not like big name brands make DVD players with "unintentional" "secret" "maintenance" backdoors that can switch off the region code restrictions by entering some code that was "accidentally" "leaked" to the internet. That never happens! If it did, why, perhaps people would start buying the models that did have those "accidental" backdoors, in preference to the models that don't..

    --
    SCO employee? Check out the bounty
  15. yeah..just what I thought by the_2nd_coming · · Score: 4, Insightful

    all this does is add the flag to the stream. and it says that receivers must SEE the flag. it does not say what the box does with the flag..if the box lets you record it to DVD, allows you to make a DRMed file for your PC, if it lets you TIVO it, etc. companies will come up with tools that use the flag, and all they have to do is make sure the content is protected from being transmitted over the internet on a massive scale.

    this is just a bit that lets the box know "hey, you need to make sure what ever you do to me, I can not easily be thrown onto the internet"

    no rule exists as yo what the restrictions are. so we have the power to buy a box that does what we want it to do (as long as it does not give us unrestricted use on the internet.

    of course, many of you will say that it still hurts you. I say, worry about it when it actually does hurt you, if you can not do your basic things like TIVO or DVD-R or VCR, that is a problem that limits your ability to use the data. but if I can use the data that way, I am happy and don't care about being able to move a DiVx encoded file to Kazza.

    --



    I am the Alpha and the Omega-3
  16. Just like on audio cds? by schnablebg · · Score: 4, Insightful

    This sounds like the flag they have in Redbook audio. Whenever I copy a CD in Nero, I see that the tracks are flagged as protected... but that doesn't affect the software in any way.

  17. Re:A step forward for consumers? by squiggleslash · · Score: 3, Insightful
    It's a step forward for consumers. In the same way as a new type of oven is a step forward for meat.

    If you're a cow, however, you don't consider yourself just meat. And if you're a human being, you shouldn't consider yourself just a "consumer".

    Consider what the word consumer means - one who consumes, ie one who swallows what the producers shovel. To consume, one merely needs products to buy; anything that works in favour of products to buy is "good for the consumer".

    Me, I think of myself as a citizen or just a plain human being.

    --
    You are not alone. This is not normal. None of this is normal.
  18. so by sulli · · Score: 3, Insightful
    don't subscribe.

    keep the Tivo, or switch to a free version.

    use GNU Radio. (Ha, as if that will be user friendly in any way. still, I like the concept.)

    DIVX died. DAT died. DTV will be next.

    --

    sulli
    RTFJ.
    1. Re:so by TGK · · Score: 3, Interesting

      Disclaimer: I presently work for Echostar/Dish Network.

      Heh.... joke's on them. Dish just launched a major promotion that's pushing the Dish DVR 510 receiver to the overwhelming majority of the customer base. The promo basicly allows current customers to get one of these installed for free (programing agreement... but TANSTAFL).

      For those of you to lazy to follow the link, the 510 is a DVR receiver with a plethora of happy output jacks. Add on a warrenty (and keep that warrenty) and you've basicly got a DRM free DVR as long as you want to keep it (with 100% digital today... not in 2005).

      Ok, so some might interpret it as a blatent product plug, but I think it's pretty cool.

      NB: I just checked the Dish website... the promo's not listed there for some reason. Sucks, I was gonna give a link. If you're insterested call in.

      --
      Killfile(TGK)
      No trees were killed in the creation of this post. However, many electrons were inconvenienced.
    2. Re:so by LostCluster · · Score: 4, Insightful

      The problem with this unit is what's DRM-free today doesn't have to be that way in 2005. Echostar could very easily add "broadcast flag auto-delete" support as part of a software update that's pushed down along with the guide data.

  19. Hypocrisy at its Finest (DVD's vs. ATSC) by PipianJ · · Score: 4, Interesting

    From the PDF:

    MPAA advocates adoption of the ATSC flag system and characterizes it as an effective and unobtrusive content protection mechanism that will serve as a "speed bump" to ensure that DTV broadcast content is not indiscriminately redistributed. MPAA stresses that an ATSC flag system would only limit redistribution of content and not prevent consumer copying. (III.A.14)

    We do not believe, however, that individual acts of circumvention necessarily undermine the value or integrity of an entire content protection system. The DVD example has been instructive in this regard. Although the CSS copy protection system for DVDs has been "hacked"... DVDs remain a viable distribution system for content owners. The CSS content protection system serves as an adequate "speed bump" for most consumers... (III.A.20)

    So not only do they admit that CSS cracking wasn't all that terrible for them... But they imply that CSS is meant only to prevent unauthorized distribution, and not copying? Then how come they've gone after every DVD copying software they can, and gone after DeCSS?

  20. Networks == Knuckleheads by Chief+Typist · · Score: 4, Insightful

    Their new season is sucking in the prime 18-49 demographic. And the networks want to implement technologies that make it more difficult for these young people to watch their shows (Tivo, taping, etc.)

    These folks are scared. They're content distribution monopoly is getting taken over by the Internet.

    Slashdot and other independent content mechanisms are the the future. Not flags on broadcast signals.

  21. Re:Bets on when the bypass is widely available? by Feztaa · · Score: 4, Informative

    I doubt it will be long before people are selling equiptment that ignores the broadcast flag.

    That's the funny part. Right now, *all* equipment ignores the broadcast flag...

  22. Re:A step forward for consumers? by Goldberg's+Pants · · Score: 4, Funny

    The pathetic thing is this will have wide ranging implications outside of the US. DTV is now fucked in Canada pretty much across the board thanks to the FCC being the MPAA's bitch.

    Quite how this can be seen as a "step forward" for consumers is beyond me. CBS/Viacom must be using a WAY different dictionary to me...

    Of course, it could be seen as a step forward for consumers. Kinda like the witch burnings in medieval times were a step forward for decent folk...

  23. Re:You have no choice. by ecalkin · · Score: 4, Insightful

    remember that the fcc is ultimately run by people that are *elected*. if in 2005 poeple are bitching about not wanting to lose old-analog, it's not going anywhere.

    if you want this fixed, the best way is grassroots so that people will complain to their elected officials.

    there may not be very many tech savy people out there, but there are *lots* of people that have VCRs.

    let me also make the following point: tv land is hurting. 10% drop in male viewers 18-24 (or such). it doesn't take a lot of lost viewership before lost revenue hurts. why am i saying this? because if a sizable portion of the viewing populations gets fed up (poor quality or punted into new tech), it costs them money.

    two years until this happens or doesn't happen. i would say that it's still way up in the air.

    eric

  24. screws us early adopters by MrCaseyB · · Score: 4, Interesting

    I was afraid this would happen. I bought a TV last year that has one of the finest quality pictures you can get, ask anyone on AVS Forums, the pioneer elite pro 520 is amazing. I had it calibrated by a world renowned ISF engineer friend who works on Pixar, ILM and PDIs monitors. $6000 later I'm dialed into HDTV nirvana. but my TV does not have DVI digital connection with copywrite protection crap. Just good ol analog component video inputs. I was bummed when they came out with the new DVI input but thought nothing of it since I could enjoy every bennefit without it.

    That was until they started making inexpensive DVD players which would upconvert the 480p material to 1080i. Wow, this sounded AWESOME, but oh no, they only allow this upconversion to take place over the DVI connection. Why you ask? Copy protection, the powers that be would not allow samsung to send high res upconverted video over an analog connection which could easily be recorded. So here I am ready to buy a new DVD player just for that feature, getitng rid of my perfectly good exisitng player, but oooooh noooo, you dont have DVI with HCP so you must be a pirate.
    Which makes me wonder, who the hell is going to be trading uncompressed HD video files of some shitty sitcom over the internet? I dont see this as an immediate threat.

    Same thing will happen with the broadcast flag, they will use it to screw over all the suckers like me who dont play by their rules. They are slowly eliminating what we used to be able to do with our electronics.

    So yes, I can keep using my tv and the existing hardware, but their plan is to make the shit obsolete every few years. Every time they introduce some manadatory copy protection and it gets cracked, they change the specs, make it illegal to use anything but those specs, making upgrades impossible because it would sacrifice the integrity of their precious copy protection.

    This rant wasnt very coherent, no real good points were made and it wasnt really well thought out. I have so much freakin anger and hatred for the RIAA, MPAA right now that it makes it difficult to think.

  25. Not just Republicans and Democrats by GuyMannDude · · Score: 5, Informative

    I am becoming more and more convinced that intellectual property is on a collision course with personal liberty. Unfortunately, neither the Republicans or Demorats seem to get this yet.

    The problem is more widespread than that. Here is a very brief email exchange I had with the anchor of a certain cable news program:

    Me: I was dismayed to see Mr. XXXXX's interview with the new president of the RIAA on Monday night. The issue of downloading music from the internet is not quite as clear-cut as your show presented. It would have been much more interesting to have the RIAA president interviewed side-by-side with a representative from the file-sharing community. The issue of illegal music downloads is the tip of the iceberg for a range of important topics concerning the meaning and relevance of intellectual property and copyright in the 21st century. You are missing a valuable opportunity to examine these complex and important issues and are doing a poor job of reporting impartially when you conclude such a one-sided interview with a comment along the lines of "we wish you good luck" as you did with the RIAA president.

    Mr. XXXXX: thanks for the note. My daughter shares your view. She's wrong too:) Stealing is stealing and this is theft. Do I think the industry has handled this correctly? I think my questions suggest probably not. But at the end of the day it is stealing. I am a bit at a loss that you see it otherwise.

    I did send a follow-up email that made another attempt that persuing the file-sharing story beyond the shallow depth that they have been could lead to some interesting material for them. I never received a reply.

    I was disappointed that this particular individual who, supposedly, is always interested in finding the hidden story behind the headlines, was so quick to compare me to his (persumably) young and immature daughter. I don't believe his quick dismissal of my point was due to spite or pressure from his boss. I think it's just because almost no one (outside of slashdot and a few other niche places) seems to realize that there are much bigger issues at stake here.

    I think we need to somehow get "one of us" on one of these news programs to help "the masses" see that there is really an important battle coming in the very, very near future. That being, of course, the collison course you mentioned. How we get someone from our side on one of these programs is beyond me...

    GMD

    1. Re:Not just Republicans and Democrats by Our+Man+In+Redmond · · Score: 4, Insightful

      The problem of course is, who do we get to represent us? Eric Raymond? RMS? Oh please Ghod no.

      Let me tell you a brief story about a guy named Vladimir Posner. For years he was one of the more familiar voices on Radio Moscow's North American service. He was as Russian as they come, but he lived with his parents in New York City during his growing-up years, so he talked like an American, in perfectly idiomatic English . . . but he job was to put across the party line. And you know what? Just the fact that the looked and sounded American made his positions sound almost sensible. You (or at least I) couldn't dismiss him like the anonymous announcers on some of the other English language Radio Moscow services who fanned the fires of anti-Americanism.

      Put simply, we need a speaker-to-suits. Someone who can speak Suit, who looks good in a suit, and someone who comes across to average Americans as a reasonable person with a reasonable point of view, not a commie nutjob who's out to steal money from that nice man at the RIAA.

      Unfortunately I have no idea who that would be. Linus would be good, but he also wouldn't be interested. I don't have any good candidates in mind, unfortunately.

      This points up the free software movement's greatest weakness, which is paradoxically its greatest strength. It is an unorganized coalition of like-minded individuals with an amorphous idea that Software Should Be Free As In Speech. Other than that, there is no "us." "We" can't write a check to hire someone. "We" can't come up with a single united response to SCO, or Microsoft, or even to Szulik's statement that Linux isn't ready for the desktop. Of course it also means that "we" can't be bought out or eliminated, which is wonderful, and one of the things keeping "us" alive.

      End of rant. I don't know what the solution is, but I hope "we" can come up with one.

      --
      Someone you trust is one of us.
  26. Piracy for Profit by Bondolo · · Score: 4, Interesting
    This decision ensures that organized crime and others who pirate for profit will continue to have a niche.

    After all, consumers will have no direct ability to share content, even when they have a legal right to do so. They will have to go the marketplace to get the content they desire. In most cases consumers unintentionally patronize pirates whether it be for knock-off Microsoft products or for mod chips and duped CDs. They simply aren't aware they not using legitimate products. High quality knock-offs are going to be easy to create given the digital content and lack of encryption.

    Scene in a fleamarket in 2009 :

    child: Wow mom! It's a DVD of Treehouse of Horror XX! I haven't seen that yet! Can we get it!?! Can we get it!?!

    mom: Hmmm.. $5? That's pretty cheap... sure.

    I am sure there people in <insert usual suspect countries> rubbing their hands with glee. Thanks FCC, you just created a market for them.

    --
    -- "Most people prefer a popular myth to an unpopular truth"
  27. Rediculous by sfe_software · · Score: 3, Insightful

    I hate DVDs for many reasons, but the main reason is similar to this "broadcast flag". That is, there is a "feature" of DVDs that allows the creator to designate a portion that cannot be skipped.

    This is so they can show you the "FBI Warning", that lies and says you would be committing a criminal act by copying the disc, and so on. Only lately they are abusing this to show previews that you cannot skip.

    It's rediculous. There exists no technical reason my DVD player can't skip those previews, and likewise there's no technical reasons a tuner has to obey the "broadcast flag". Unfortunately things are headed in this direction, and there will be many, many other things that don't let us copy -- whether because of actual encryption (at least this is respectable) or some "flag", "region code", or non-standard hack (like CD copy protections schemes).

    The sad thing is that, at least on a large scale: it will work. Joe Average won't know where to find DeCSS (or that it even exists), nor will he find the hacked driver (yet to be made) for newer DTV tuner cards; likewise, no manufacturer would mass-produce such devices for sale in the US. Thus, the scheme, no matter how stupid, will be effective, with the law behind it.

    --
    NGWave - Fast Sound Editor for Windows
  28. grass roots in action by mekkab · · Score: 4, Interesting

    . Then you'll spread the word of wisdom: Don't buy this sh*t!

    While at my friend's apartment I said "Hey. check out my new CD of songs I recorded! See if you can come up wtih some Lyrics!"

    And he said- "Sorry, charlie. This here is a Sony DCD/CD system. It doesn't play home-made CD's!" some DRM "feature"...

    So last weekend when I decided I needed a new system, I completely by-passed Sony.

    I'm sure this trend will continue until either manufacturers put in "backdoors" to turn it off or they just don't put it in to begin with.

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  29. Wow. This is *great* news! by buss_error · · Score: 3, Informative
    In order to save the village, we destroyed it.
    To protect your rights, we limit them.
    'The broadcast flag protects consumers' use and enjoyment of broadcast video programming.
    Sure am glad that I don't watch TV anymore. Looks like I won't be watching movies now.

    I went into Bust Buy the other day looking at a HDTV setup, with fairly good sound, a nice picture, a recorder.... all that stuff. It ran over $6,000.00 for everything.
    HELLO? Like just *what* friggin' show is worth SIX FREAKIN' KILOBUCKS to watch?

    --
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
  30. My comments on Powell's press release by Guppy06 · · Score: 3, Insightful

    First off, I can't begin to describe how shocked and appalled not by the board's decision, but the "reasoning" Chairman Powell claims is behind the decision. At any rate...

    "Today's decision strikes a careful balance between content protection and technology innovation in order to promote consumer interests."

    How exactly does content protection figure into consumer interests? It seems on its face that content protection is against consumer interests in that it limits what the consumer can do with the content. The only way content protection could be seen as being in the consumers' interests is if the provider takes the stance of "you'll have my product my way or no way at all," and even then having the product only on the provider's terms is only considered to be "in the consumers' interest" is if the product in question is some sort of narcotic, where the "consumer" needs the product in question at some level.

    Considering that, even in the Twenty-First Century more people own a radio than own a television, are we really at the point where the American public needs television, so much so that the seller's desires must be catered to? After all, recent actions by the Commission works to ensure that content on television and on the radio come from the same providers.

    If the consumer interest is so important to Mr. Powell, why doens't he take a more capitalistic approach and let the market itself decide exactly what kind of balance is required between consumer use and content control? I fail to see how an artificial, legislated "balance" mechanism such as this can ever be considered a true balance.

    "In working through the difficult technical and policy questions in this area, I am very pleased that we have once again crafted digital TV policy in a bipartisan manner."

    Bipartisanship is this important? Is it not possible for both Republicans and Democrats to be wrong at the same time?

    "First, the broadcast flag decision is an important step toward preserving the viability of free over-the-air television."

    This depends entirely what exactly "free over-the-air television" means. Does "free" in this context simply mean "received at no direct cost to the consumer," or does it mean "free to do with in your home as you please?" These are two very different and not always complimentary concepts.

    "Because broadcast TV is transmitted "in the clear," it is more susceptible than encrypted cable or satellite programming to being captured and retransmitted via the Internet."

    This analogy doens't hold water because, to my knowledge, nothing like this broadcast bit mechanism exists in private content networks such as cable and satellite. In fact, many of these private networks promote copying, archiving and time-shifting of their programs (consider the numerous set-top boxes that have built-in digital recording capabilities), all activities that the broadcast bit is essentially intended to stop. In this respect, these private networks are far more free than the "free, in-the-clear" broadcast market the FCC is now creating. And don't forget that most channels on these private networks rely on advertising revenue just as broadcast networks do.

    "The widespread redistribution of broadcast TV content on the Internet would unnecessarily drive high value programming to more secure delivery platforms. The losers would be the 40 million Americans who rely exclusively on free over-the-air TV."

    Except that those 40 million Americans you mention are the last people that would adopt digital television technology. Without the greater volume of content that private providers offer, digital television only appeals to die-hard technophiles. Even the FCC knows such people are few and far between; the new broadcast bit rule is an admission by the FCC that content is far more important than picture resolution.

    But even if each and every one of those 40 million people did manage to scrape

  31. Re: Who is elected at the FCC? by ZipR · · Score: 3, Insightful

    From fcc.gov:
    The FCC is directed by five Commissioners appointed by the President and confirmed by the Senate for 5-year terms, except when filling an unexpired term. The President designates one of the Commissioners to serve as Chairperson. Only three Commissioners may be members of the same political party. None of them can have a financial interest in any Commission-related business

  32. Does too stop personal recording by BigRedFish · · Score: 4, Insightful

    I don't see what's unreasonable about this. If the system allows copying to a limit of 3 machines [snip] that wouldn't be unreasonable.

    You own two machines, one for the living room and one for your bedroom. Of course you want to play your recordings both places, so there's 2 of your three copies. One day your home is burglarized and your machines stolen; you never had a chance to check-out the recordings played thereon. You buy two new machines. You have one playback left, so where would you like to watch all your existing tapes forever more, living room or bedroom? Choose wisely. If that machine breaks or you are robbed again, your entire archive is now useless. As soon as you tie the recordings to a limited set of playback devices, all recordings become temporary and are effectively timed out when those devices wear out, break, are stolen or destroyed.

    Saying yes to DRM, even a little bit, is saying good-bye to ever really owning anything. These rules are really designed to circumvent ownership under the first-sale doctrine, and effectively convert your entire collection of video and audio media to rentals without directly saying so, and fair-use be damned. All in the name of stopping piracy. Bear in mind, we've only seen allegations that domestic home-copying is what's hurting the content industries, we've never seen it proven. And they've given this exact same gloom-and-doom sky-is-falling speech, practically word-for-word, about reel-to-reel tape decks, cassette recorders, and VCRs - and were wrong each time.

    The real mass-scale piracy that actually costs the *AA real sales is in Asia and Eastern Europe, where the counterfeiters will be completely unaffected by this and every other copy-protection idea, not in American living rooms, where Mom will always be worried that if the VCR-alike breaks or is stolen, she'll never be able to play back the recording of the time she was interviewed on the local news again.

    The only people who won't be harmed are the pirates, as it seems rather trivial to mask out the flags in the process of running a criminal copying enterprise anyway. Add a small grey-market cottage industry for enterprising geeks to break the flags for acquaintances so they don't lose their collections when they buy new equipment, or they forgot to check-in their recording and the power went out or something, and so on.

    All this, just to avoid producing content people would want to pay for. Reasonable, it's decidedly not.

  33. Re:You have no choice. by Simonetta · · Score: 3, Interesting

    remember that the fcc is ultimately run by people that are *elected*. if in 2005 poeple are bitching about not wanting to lose old-analog, it's not going anywhere.

    I suspect that most people will not know that TV is going off the air in Dec 2006 until the commercials about it start airing Thanksgiving 2006.

    Most of the people who will be affected will be the poor and illiterate; those who can't afford cable or a $4000 super-sized HDTV digital receiver.

    There are going to be a lot of people (if this actually goes through - and I don't know how to predict if it will or not) in January and February 2007 that are just going to be starring at that snowy TV screen and slowly but surely realize that , yes, TV is ...gone.

    Actually now that I've written the above, and given it a little thought, I think you're right and it's absurd to think that broadcast TV will cease by fiat in just a few years.

    Even if it were and the government had painted themselves into a corner technologically and actually HAD to shut down the analog broadcasts, people in Canada and Mexico would set up huge antennas and just keep on pumping out Oprah and Jerry Springer. FCC regulations don't apply there.

    There's just too much money to be made by selling network TV boardcasting for it to just stop because of some nitwit regulation hidden in dense law passed way back in the Clinton era.

    If it did stop then there would be a media vacuum and people would eventually fill it with something. There would be a lot of neighborhood unlicensed microbroadcast stations popping up and boardcasting on the old analog frequency bands intermittently, probably showing DivX files of old TV shows. They might even solict semi-commercial advertising somehow.

    This whole thing seems to have a Y2K flavor: what will happen Dec 2006?

    I suspect that the regulation in the 1996 TeleCom Act will be struck down by the Supreme Court as 'limiting free speech'. Or in other words, denying the opportunity for the politicians to spend hundreds of millions of dollars in campaign contributions on TV ads to make sure that people vote 'correctly'.

  34. Re:Pick an argument. by cpt+kangarooski · · Score: 4, Insightful

    Well, aside from your example not quite working (the GPL doesn't apply to use), I at any rate would limit the right of copyright holders to restrict the future disposition of their work or copies thereof in some circumstances.

    Namely, I would prohibit licensing to prevent non-infringing activities.

    Thus, for example, licenses to prohibit copying TV shows where such copying was fair use, would be void. OTOH, licenses to prohibit putting the TV shows on P2P networks would be breeched, since that activity is infringing. Of course, such a license would be pointless, as that activity is already illegal. Licenses to permit the putting of TV shows on P2P networks would be entirely permissible, however.

    Licenses to regulate the use of computer software (EULAs) would be void, since 17 USC 117 permits incidental copying and backups with regards to software that one owns (and w/o the license, there would absolutely be ownership of copies, no argument), and using it is not subject to a right of the copyright holder. However, a license to make non-incidental, non-backup copies, to make derivatives, and to distribute copies, that would be a permissible license, since you can't otherwise do that for copyrighted software w/o authorization.

    I'm sure my proposal could stand a bit of work, but what's your general opinion?

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  35. Suits! by caitsith01 · · Score: 3, Insightful

    Yes! You are so, so right, I have said this for ages.

    At the moment, when there's an environmental issue, we have Young Corporate Representative in a Nice Suit vs. Filthy Matted-Haired Hippy with Dope Leaf Symbol T-Shirt...

    When there's a trade/WTO issue we have Sensible and Mature Trade Negotiator vs. Angry and Psychotic Looking Teenager Wearing Anarchy T-Shirt and Ski Mask...

    When there's a civil liberties issue we have Reassuring Government Spokesperson Who Just Wants to Protect Us vs. Nutcase Professor of Liberal Arts from Wacky College Campus...

    Whenever there's a human rights issue we have Police/Army Representative Doing their Best in a Difficult Job vs. Washed Up Dumpy Looking People Complaining Hysterically.

    People who care about such things (which is hopefully most people here) really, REALLY need to learn the difference between adopting an appearance that is appealing to ordinary people and 'selling out.' Imagine how much more impact an environmental/trade/human rights protests would have if they were attended by people with good haircuts, wearing nice clothes and even *gasp* suits, shirts, and ties. And imagine how much more impact it would have on the average TV viewer to see a smartly dressed person in their late 20s/early 30s talking clearly and compellingly about these issues instead of a nervous looking doped up hippy/drooling nerd/fringe dwelling libertarian.

    We live in a democracy. As such, we need to appeal to the majority or at least a solid minority of people to get anything to change. This will not happen while people are too principled to realise that one of the basic rules of PR is to come across as (a) the same as your audience or (b) a charismatic authority figure who can be trusted.

    Every time there is an issue I care about on TV they do an interview with some braindead first year university student or junior high school student with bright red dyed hair and a nose ring who says something to the effect of "big companies fucking suck" or "I hate how stupid ordinary people are," and I just shudder to think of Mr. and Mrs. John Q Voter at home listening to it and deciding to vote for the Nazi party because at least they have neat uniforms and are well spoken.

    --
    Read Pynchon.