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MPAA Giving Up on Broadcast Flag... For Now?

YetAnotherName writes "The MPAA, which has worked hard to get a broadcast flag into US digital television, is unlikely to push for it, according to the EFF. Previously, the US Court of Appeals ruled that the FCC didn't have the authority to mandate the flag, and the MPAA began to strike back. Naturally, the fight isn't over yet."

32 of 186 comments (clear)

  1. So which is it? by Enigma_Man · · Score: 2, Insightful

    Are they "unlikely to push" or "striking back"? The summary is confusing.

    -Jesse

    --
    Nothing says "unprofessional job" like wrinkles in your duct tape.
    1. Re:So which is it? by macaulay805 · · Score: 2, Funny

      Hey, its like those Starwars sequels .. "A New Hope" "The MPAA Strikes Back" "Return of the Broadcast Flag" .... hmmmmm .. I wonder ..

    2. Re:So which is it? by Rei · · Score: 2, Interesting

      They already struck back after the court gave us a new hope. Now we can expect to see the return of the fair use concept, followed much later by some poorly done backgrounders on the whole situation.

      --
      Aeris Died For Your Sins.
    3. Re:So which is it? by suitepotato · · Score: 2, Insightful

      Are they "unlikely to push" or "striking back"? The summary is confusing.

      I thought the same thing. If past history is any guide, they'll publicly do the former and quitely behind the scenes do the latter. In the cameras, they will lay lower on this issue. In the offices of senators and representatives in Washington, they will jawbone to get their way.

      The fat lady ain't sung yet. The RIAA lawyers threatened her and the MPAA anti-piracy thugs bound and gagged her and tossed her into a closet. We need to hear her belt one out so on goes the fight to make her sing on this issue and lay it to rest.

      --
      If my grammar and spelling are off, I am [distracted/tired/careless] (take your pick)
    4. Re:So which is it? by BlogPope · · Score: 3, Insightful
      The fat lady ain't sung yet.

      But the longer the opera goes on, the less likely any of these "Burden the consumer" options will succeed. The MPAA and TV industries have delayed the whole HDTV thing by making everyone afraid the early solution woul dbe incompatible with the "final" solution, but the failure to resolve the issue means that the existing tech has gained a foothold. Soon it will be like trying to get a broadcast flag added to the VCR...

      --
      My other car is a Popemobile
  2. The EFF is the authority here? by plover · · Score: 2, Insightful

    Sorry, but I don't see where the EFF would be the definitive authority on what the MPAA is up to. They're going to see what they want to see, and how they want to see it. Yes, a certain representative may currently be opposed to the provision, but that won't take away any incentive from the MPAA to continue to push Congress for whatever they can get.

    --
    John
    1. Re:The EFF is the authority here? by JonTurner · · Score: 2, Interesting

      I disagree. The EFF would know the MPAA in the same way a boxer knows his opponent -- through experience in battle and study.

      This report is disinformation, at best. The MPAA's not giving up -- they're retreating in preparation for another attack. Recall, this is the group that likened the VHS to Jack The Ripper... they believe that a MythTV Box with a HDTV card and a DVD burner is the moral equivalent of Mao, Stalin, Hitler and Pol Pot all put together. MPAA's not backing down they're simply busy licking their wounds from their recent court defeat.

      Look, the MPAA is a dinosaur trying to hold on to an outdated business model. They want to keep information scarcity as the core of their business model. That might have worked thirty years ago, but in the information age it's a recipe for failure.

      If you want to know the goals of the MPAA, don't listen to what they say, watch what they do. Specificly, watch for their donations of money/travel/gifts to lawmakers. Only when the money stops is it safe to say that they've "given up."

    2. Re:The EFF is the authority here? by plover · · Score: 2, Interesting
      I read TFA. They simply claimed the MPAA was backing down because the MPAA hadn't purchased Barton's vote yet. And I don't believe that ends this for a single minute. The MPAA isn't going to risk it all on a single congressman's vote -- they're going to cast their nets (and their lobbyists and their money) far and wide in hopes of finding a few affordable congressmen. They won't wait till 2008 because they're more afraid of entrenched technology, which is much harder to control than future unreleased technology.

      Just because the EFF quoted someone else's article doesn't mean they don't believe it, or it's not their point. Rather, they seemed to be rejoicing in the news as if it were the Holy Gospel. And I think that's extraordinarily naive. They're way underestimating the power of the dark side.

      --
      John
  3. Your darn right it ain't over! by Luscious868 · · Score: 3, Interesting

    The RIAA and MPAA basically own Congress. How long before a piece of legislation mandating the broadcast flag is attached as a rider to some totally unrelated bill, thus allowing it to slide through and be signed into law before we know what hit us? It'll happen sooner or later, trust me.

    1. Re:Your darn right it ain't over! by supabeast! · · Score: 3, Insightful

      "It'll happen sooner or later..."

      My thoughts exactly. Right now Washington is a mess of power struggles, attacks on the media, and attacks on the court. Buying the broadcast flag right now will cost a lot and create a lot of press, and there's a good chance any right-wing politicians that have to be bought off will go down along with Tom Delay and George Bush's approval ratings. The RIAA/MPAA are much better off to wait until 2006, buy their way in with the new blood, and get the law passed in 2007 when everyone is focusing on the 2008 presidential election.

    2. Re:Your darn right it ain't over! by DeVilla · · Score: 2, Insightful
      It'll happen sooner or later, trust me.

      Well, normally, I'd hold out, but since it's you, I guess I'll believe it. :-)

      Seriously though I think we are just seeing what could be a little bit of finess. Where with the RIAA, we would be ready to see a executive level tantrum follow such a situation, the MPAA has a tendency to be much more subtle about what they do. I'm not sure if it the people involve or that fact that modern bandwidth and storage capacities are a more immediate threat to the RIAA where as the MPAA still has some time to act before the average machine can hold hundreds of movies and the average network connection can transfer a movie in under 5 minutes.

      Needless to say, I don't believe they are giving either. They are just trying to get this back under the table "where it belongs".

  4. Re:Does it make a difference? by plover · · Score: 2, Informative
    No, there are some tuner cards on the market today that don't respect the broadcast flag. As a matter of fact, there was quite a run on them up until the FCC ruling was overturned.

    And it has nothing to do with "email" or "share". It's the "broadcast" flag and it would only have interefered with recording, not with subsequent usages.

    --
    John
  5. New concept: Conversation flag by sigmund+lahn · · Score: 2, Funny

    Now, if I crook my little finger like *this* when I talk, I dont want you remembering anything of it, hear?

  6. Trial Balloon by Gothmolly · · Score: 3, Interesting

    This isn't over by a long shot. The MPAA took a gamble, based on what they thought they had in Congress, and lost. They won't make the same mistake twice. Look for subtle changes in the "new and improved" DMCA, COPA and its children, and other roundabout ways to implement the same thing. Heck, some US banks are even using the DMCA against phishers now - after all, you're abusing their copyright, aren't you?
    It will happen, its only a matter of time, unless the MPAA and RIAA are rendered toothless by a change in consumer habits.

    --
    I want to delete my account but Slashdot doesn't allow it.
  7. Of course they haven't given up - read the article by FunWithHeadlines · · Score: 3, Interesting
    "Meanwhile, the MPAA will keep briefing House and Senate members on a broadcast flag bill's importance and seek other ways to get the content protections it wants."

    Does that sound like they are giving up? Nope, they are still going to push for what they want, and what they think America (that is, the MPAA) "needs."

  8. Don't get too excited by jimicus · · Score: 2, Insightful

    This doesn't mean that they're going to stop trying to develop a means of making copying HDTV using impossible/impractical. It just means that the measures they take won't be based on legislating the broadcast flag.

    Speaking theoretically, some sort of encryption together with a smartcard supplied to the cable customer which enables decryption would neatly sidestep the issue for cable subscribers. Don't know how feasible it would be to apply similar technology to over the air broadcasts.

    1. Re:Don't get too excited by Jasin+Natael · · Score: 2, Interesting

      I think you're making a big assumption that broadcast TV will survive (See "How BattleStar Galactica Killed TV for a rundown). The economic incentive just isn't really there for Broadcast TV like it was 10 years ago. If they find out they can't really make money giving away the content, the gig is up.

      If such a service existed, I think a lot of my money would go to an iTunes music store-type portal where I could 'authorize' my device(s) to play downloaded content -- My account would allow, say, 3 computers, a fixed number of physical 'Authorization Cards' (think SIM Cards) for portable and home-theater devices, and allowances to burn one or two DVD's containing a specific item every 30-60 days.

      iTunes, despite its faults, has done a pretty good job of giving people what they want -- the ability to buy, own, and keep copies of digital audio content. Restricting further copying is acceptable, as long as it doesn't interfere with the primary goal. Redefining 'Fair Use' doesn't bother me as much as the current legal campaign to abolish it completely.

      Jasin Natael
      --
      True science means that when you re-evaluate the evidence, you re-evaluate your faith.
  9. FCC clearly can't read minds by shogarth · · Score: 2, Insightful
    The goal of the flag was not to impede a consumer's ability to copy or use content lawfully in the home, nor was the policy intended to 'foreclose use of the Internet to send digital broadcast content where it can be adequately protected from indiscriminate redistribution,'
    Considering that the FCC heard testimony indicating the flag would do exactly this, it's amazing they would claim it wasn't their intent. It certainly was the intent of the content distributors. The flag's protection wasn't going to stop commercial piracy rings; they were going to 'aquire' digital masters and stamp disks anyway. All it would do is make handling digital content a pain for end-users.
  10. My bet by Dark+Paladin · · Score: 2, Interesting

    The MPAA won't go for it right now - their main supporter is out of the loop, and the EFF has links out to its registered members (and why aren't *you* a member?) that the first time someone tries to make one, or sneak it into another bill, we're suppose to be on that congresscritter like white on rice.

    But time is running out for them to get the flag in by 2008, so I still expect to see something underhanded put in in the hopes that nobody will see what they're doing. Which is why we need to be eternally vigilant.

    What surprises me about the MPAA is that they've learned from history. "What?" They've learned from history?"

    Sure. For the last few hundred years of progress, there's been large companies that have a near oligarchy of power on some product (entertainment, in this case). Then some technology comes along, breaks up the big guys, sets up several little guys, and then the conglomeration effect builds again until, like a neutron hitting a uranium atom, the system is split apart, new creative energy is unleashed, and it's back to a maelstrom of competition until the reaction settles down.

    The MPAA I think knows this, so they're fighting the technology as hard as they can. If people can time shift and get rid of commercials, big companies will make less money, and with the Internet spreading, people can make their own shows - think podcasting with video. LIke early radio, 99% will be crap, but there will be that 1% of really good stuff that turns people away from traditional TV. When that happens more and more often, the MPAA's contributers will be financially out of it, and the next cycle will begin.

    The MPAA is just trying to protect itself. Granted, in a stupid fashion, because history shows that you can be one of the new movers and shakers in a new technological - it's just likely you won't because you'll be fighting the technology instead.

    Hm - maybe the MPAA *doesn't* get it after all.

    Of course, this is all just my opinion. I could be wrong.

  11. Re:Advantages to having Republicans in power by FooWho · · Score: 2, Informative

    Individual performers/entertainers may bash on Republicans, but the "industry" puts its money on incumbents. The RIAA/MPAA are HUGE contributors to Orrin Hatch (R-UT)

  12. Open Source DRM ? by VonSlatt · · Score: 3, Interesting

    Even Linus has said that DRM is not inconsistant with Linux and Open Source (at least as Linus sees it) So, the OSS comunity needs to develop the killer DRM solution that respects Fair Use but sufficiently protects content owners.

    Small publishers will adopt it first, then large media outlets will find themselves having to adopt it or loose share to the small fast moving media companies.

    So, who's working on OSS DRM?

    1. Re:Open Source DRM ? by JohnGalt00 · · Score: 2, Informative

      Be careful with your terms. DRM means *AA and Microsoft trust your computer i.e. they manage your rights, while in the OSS world, trusted computing means you can trust your own machine.

      Trusted computing is used for things like making sure malware and rootkits can't take over your own machine, and that trojans haven't been introduced into the software you've downloaded, while DRM is used to make sure you can't rip a copy of a DVD you own.

      OSS people already are working on trusted computing, see Trusted Gentoo. There are almost certainly others. OSS trusted computing won't implement a DRM solution that respects fair use, because no one in their right mind would install it. Additionally, the entire concept behind DRM is flawed. Cory Doctorow has an excellent talk on the subject.

      A better solution than having a system that "protects content owners", is offering a solution that users want. Most users are honest. iTunes has demonstrated that many people will pay to download their music over the internet. Yet in the years between Napster and iTunes, millions of songs were downloaded off the internet, and CD sales went up. Why does iTunes need DRM? I can already download any music I want for free over the internet, with no DRM, and at higher quality.

      Trusted computing is an excellent example of the differences between OSS and proprietary systems. The important question is: who gets to trust the box sitting next to you?

  13. It'll be back - in hi-def DVDs by scotpurl · · Score: 2, Interesting

    The standard for the new high definition DVDs isn't yet done. The MPAA will get their little broadcast flag included in thew new DVD technical specs. When you go to buy a new DVD player, boom, you'll have the new rights management. Want to watch the new high-definition signals? You can, until you buy the next generation of HDTVs.

    It's pointless to come up with a scheme that requires everyone to buy all new equipment so that they can do less than before (unless the MPAA is going to provide new, free hardware to everyone). If you're going to deliberately break something, you have to do it before anyone has a chance to buy it.

    Or, the MPAA could just pay companies for it. "Here's $10 million if you'll include this in what you sell."

  14. Re:HAHAHAAHAHAH by dgatwood · · Score: 2, Insightful
    And as you might recall from about a year ago, Congress doesn't actually READ the bills they pass, so odds are, no one will notice, including most members of Congress.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  15. oh no, talkies, I'm out of a job! by Thud457 · · Score: 2, Insightful
    "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."

    (Testimony to the House of Representatives, 1982)


    That's typical Hollywood forward thinking and embracing enormous new markets for ya!

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  16. Re:Dissolve the MPAA by Rude+Turnip · · Score: 2, Interesting

    That's just silly. There is nothing wrong with having some sort of industry group and surely no one has the right to tell another with whom or whom not they may associate.

    However, if "every citizen" in your scenario has enough initiative and energy to get off his fat ass and lobby for such an event, then they should have at least equal initiative and energy to be able to write their congressmen to let them know who's boss. In other words, all that is needed is for the citizens to actively assert their power over the government, as responsible citizens should.

  17. Prove it by SuperKendall · · Score: 3, Insightful

    The RIAA/MPAA are HUGE contributors to Orrin Hatch (R-UT)

    Really? Then where are they on the contributors list.

    When the total combined contributions from media companies is a figure *I* could give if I scraped together some money from the sale of a house, I have a tough time calling it "huge".
    Compare and contrast with someone like Barbra Boxer. Time Warner is number two with Viacom close behind. If she were calling the shots do you REALLY think the broadcast flag would be "of no interest"?

    Yes the entertainment industry does throw some money to the Republicans. But by and large they throw the bulk of thesupport to the Democrats, who in turn do them favors.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Prove it by FooWho · · Score: 2, Informative

      http://www.opensecrets.org/politicians/indus.asp?C ID=N00009869&cycle=2004 Shows the "TV/Movies/Music" industry as being Hatch's 6th largest "industry" supporter for 2004 at $183,428. That sure looks like a lot to me...

  18. Summary Lies. Bad Taco. by Valdrax · · Score: 4, Informative

    The summary isn't confusing. It's outright deceiving. It's like *gasp* the editor on duty didn't even read the linked articles before posting it.

    The article clearly states that the MPAA is giving up on getting a broadcast flag mandate in the current bill mandating DTV by 2008 because the bill's sponsor objects to doing so. It then immediately goes onto say that the MPAA is pursuing other means of convincing Congress to mandate the flag. They are backing off on one single bill, not on their entire quest as the title of this article suggests.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  19. Why? by interstellar_donkey · · Score: 3, Insightful

    I have admit that when I hear about the broadcast flag, it irks me. I have a single HDTV receiver (integrated radio and satellite), but it's likely I won't really get into digital TV until it's much cheaper and there's more content, meaning I won't start converting the entire house over to HDTV until after this broadcast flag is mandated (if they MPAA and others get their way).

    Rather then lambasting the FCC and the MPAA, I have one question I'd like to see someone give an acceptable answer to: Why? Why do they need to stop people from being able to record a high quality digital signal from a broadcast? The easy answer is, they don't want people to be able to copy and distribute the programming they own.

    Fine, but they said the same thing in the 1980s when the VCR became popular. "If people are able to make video tapes of movies and programs using a set top box and an inexpensive cassette tape, it will ruin us and take our profits away!" they cried.

    Of course, that didn't happen. Yes, there were people with giant video cassette libraries of pirated movies dubbed from rentals or recorded off HBO (I had a neighbor with several hundred of these movies). In the end, we discovered that the ability to easily record programs actually ended up helping the movie and television industry far more then it hurt them.

    So why is this different? Because it's a higher quality broadcast? In the 80s the quality of a VHS recording, if done right, was not too much different then the quality you'd find in broadcast or in tapes rented or purchased from the video shop. Today, a digital recording, if done right, is not much different the quality you'd find on an HD broadcast or next generation video discs you'll soon find for sale or rent at the video shop. Considering the quality of VHS recordings back in the 80s were not too much different then the commercially available media, and today's digital recordings aren't too much different then commercially available media, I just don't see that as a valid argument.

    The folks at the FCC and MPAA aren't stupid people, and I can't for the life of me understand why they would spend time and resources trying to put in a broadcast flag when history has shown that when end users have versatility available to them, it ultimately helps the MPAA and others. There has to be a good reason, right?

    I've been racking my brain trying to figure out what that reason is. The only argument I could come up with is that they don't want people to be able to record high quality television programs which *might* end up hurting the growing DVD market for TV boxed sets where an entire season of a particular program can be purchased. But we're still not sure if that would happen. Heck, on my computer and burned to VCDs I have the entire collection of every episode of a particular TV show, and each of those episodes I downloaded off the Internet. I also purchased the DVD box sets for the entire series. It was not because I wanted better quality, but because I wanted to own something physical, I wanted the liner notes, I wanted the "special features". The recordings I found "illegally" lacked those things.

    In light of all this, does anyone know why they're putting up such a fight?

    --
    The Internet is generally stupid
  20. Broadcast Flag is already overused by Jherek+Carnelian · · Score: 3, Interesting

    This is hearsay, I have not checked any transport streams myself, but it has been reported that broadcasters have already started using the broadcast flag in almost all of their HDTV content. Sure there is not any equipment that obeys the BF, but they are probably thinking that since it is just a bit to flip, they might as well flip it now.

    Assuming the reports are true (which is admittedly a fair-sized assumption) this near total use of the BF already puts the lie to the MPAA's statement that it would only be used to "protect" high-value content like live sports and broadcast movie premiers.

  21. Re:Prooves my point by FooWho · · Score: 2, Insightful

    Thats an apples to oranges comparison. Orrin Hatch's total campaign contributions were only $6,118,584. So thats what it "costs" to win a senate seat in Utah. Barbra Boxer's total campaign contributions were $16,658,496. So thats what it "costs" to win a senate seat in California. So the entertainment industry paid for 4% of Boxer's campaign and paid for 3% of Hatch's campaing. To me, that would imply they value the two politicians similarly. It just happens that Hatch has a lower pricetag.