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Bill Would Outlaw Digital Receiver Recorders

mjdroner writes "ZD-Net has the latest on a sweeping telecom bill in the Senate. The bill provides no support for net neutrality. The bill does, however, include a provision to authorize the FCC to outlaw digital receivers that record broadcasts. The article states that those receivers would be replaced with devices that treat anything with an audio broadcast flag as copy-protected."

35 of 487 comments (clear)

  1. you know the drill by dbrower · · Score: 4, Insightful

    send rational letters and email to your reps; not that they will listen, but so they know folks are paying attention. -dB

    --
    "It if was easy to do, we'd find someone cheaper than you to do it."
    1. Re:you know the drill by Rob+the+Bold · · Score: 4, Funny

      You might consider including a "contribution". They consider requests made without cash to be shoplifting (or worse, piracy).

      --
      I am not a crackpot.
  2. freaking MPAA by kimvette · · Score: 5, Insightful

    Every time this legislation comes up it gets thrown out. Why doesn't the MPAA embrace technology rather than buying off Congressmen and sneaking this line item into every damn piece of proposed legislation?

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    1. Re:freaking MPAA by truthsearch · · Score: 4, Insightful

      Because if you swing the bat enough times eventually you'll hit the ball.

    2. Re:freaking MPAA by enitime · · Score: 5, Insightful
      Because if they lose, they can always try again.

      Laws don't get repealed. They only need to win once.

    3. Re:freaking MPAA by Random+Utinni · · Score: 5, Insightful

      The problem as I see it is twofold:

      First, the system we have tends to a two-party system. The problem is that there are more than two issues. So in voting for any candidate, you are forced to prioritize the issues, and vote for the candidate that represents your viewpoint on the issues most important to you. The downside is that smaller issues, which may still be *very* important, will often fall by the wayside. With multi-party systems, there is enough choice and variation in candidates, that you can find someone who matches your views and priorities fairly closely, and that candidate will still have a decent chance of getting elected. In the U.S., we don't have that, and it's unlikely to change anytime soon.

      Second, we have the problem of interest groups. Normally, it's not a problem. The idea behind special interests is that you may have a group of people for whom a particular issue is *very* important. Since the group isn't large enough numerically to influence election outcomes (due to problem #1, above), they lobby the elected official to try and persuade that official of the merits of their cause. The problem is that the only people joining special interest groups are the small special interests. The vast majority of the population got left behind in the program. If you're an elected official, the only people talking to you are the special interest groups... so after awhile you begin to believe them; there's no one out there arguing the other side. It's the joy of what's called "the silent majority".

      So, what's to be done? Well, for starters, we need to provide an alternate viewpoint in government. The easiest way to do this is to contact your local representative or senator. They *do* respond. Even if it's only a form letter from a staffer. I know, I used to be one. Don't try email campaigns... they don't get any real respect (too easy to automate). Letters and phone calls do work; what's required is volume. If enough people show an interest, your rep's *will* listen.

      Second, we could try to start our own lobbying group. Give a concentrated voice to the technically literate population... someone to say "I represent 10^N voters in your state who all feel very strongly about X". Any takers? Let me know.

    4. Re:freaking MPAA by EvanED · · Score: 3, Informative

      Second, we could try to start our own lobbying group. Give a concentrated voice to the technically literate population

      You don't need to do that. It exists.

  3. Bill again! by Anonymous Coward · · Score: 5, Funny

    Bill Would Outlaw Digital Receiver Recorders

    Is there anything Bill wouldn't either outlaw or make compulsory? I'm getting really sick of that guy.

  4. New equipment for free? by slashname3 · · Score: 5, Interesting

    So the FCC is going to replace my mythtv box with a new system? Are they planning to do this just after they confiscate all the firearms from the public?

    1. Re:New equipment for free? by fm6 · · Score: 4, Funny

      It's easier to confiscate electronics than firearms. Well, less risky, anyway.

    2. Re:New equipment for free? by slashname3 · · Score: 5, Funny

      If/when they come knocking on my door looking for my mythtv box they will wish they had confiscated the guns first. Without doing that first it will be much more dangerous to try and confiscate the electronics.

    3. Re:New equipment for free? by LunaticTippy · · Score: 4, Insightful
      I'm guessing it'd work like video capture. You'd have a really tough time finding equipment that isn't broken by design.

      When I was getting a capture card just for composite video I simply gave up on finding one that didn't respect macrovision. I've got some tapes that aren't out on dvd that I'd like to use, and I had to buy a box (I got a time base corrector) to capture them.

      So if/when this passes, expect new tuner cards to have broken drivers. There will probably be a way around it, but the casual user will be unable to build/buy a unencumbered dvr.

      --
      Man, you really need that seminar!
    4. Re:New equipment for free? by MasterC · · Score: 5, Insightful

      I haven't been able to find any constitutional right to bear digital recording devices, but I'm still looking... I'll get back to you if I find anything.

      The constitution is not an inclusive list of our rights. It's an allow,deny policy in that unless it denies you something then you have the right to it. Digital recording devices and privacy are NOT in the constitution or amendments therefore no one has the right to restrict your usage of it.

      Your thinking is precisely why the likes of Alexander Hamilton rejected the bill of rights (Federalist #84):

      "Here, in strictness, the people surrender nothing, and as they retain every thing, they have no need of particular reservations."

      Since you're obviously not alone and there have been countless instances of the constitution being understood to be inclusive (see the whole civil rights movement and women's suffrage for two examples) then it is clear to me that Hamilton was entirely correct, and that saddens me so.

      Congratulations, it's people like you and people that think like you, that are continually eroding our freedoms & rights. Not just unstated freedoms & rights, but even the named ones. Pretty much pick an amendment that deals with rights and you can easily find governmental erosion of it.

      --
      :wq
    5. Re:New equipment for free? by WindBourne · · Score: 4, Insightful
      Without basic protections, we'd be free at the whim of the government.

      And yet, even with the right to own guns, our situation shows that we are already at the whims of the feds.

      --
      I prefer the "u" in honour as it seems to be missing these days.
  5. Sing along! by truthsearch · · Score: 4, Funny

    The Fellas At The Freakin' FCC Song

    Peter: They will clean up all your talking in a matter such as this
    Brian: They will make you take a tinkle when you want to take a p*ss
    Stewie: And they'll make you call fellatio a trouser-friendly kiss
    Peter, Brian, & Stewie: It's the plain situation!
    There's no negiotiation!
    Peter: With the fellows at the freakin FCC!

    Brian: They're as stuffy as the stuffiest of the special interest groups...
    Peter: Make a joke about your bowels and they order in the troops
    Stewie: Any baby with a brain could tell them everybody poops!
    Peter, Brian, & Stewie: Take a tip, take a lesson!
    You'll never win by messin'
    Peter: With the fellas at the freakin' FCC

    And if you find yourself with some you sexy thing
    You're gonna have to do her with your ding-a-ling
    Cause you can't say penis!

    So they sent this little warning they're prepared to do the worst
    Brian: And they stuck it in your mailbox hoping you could be co-erced
    Stewie: I can think of quite another place they should have stuck it first!

    Peter, Brian, & Stewie: They may just be neurotic
    Or possible psychotic
    They're the fellas at the freakin FCC!

  6. Simple solution... by vertinox · · Score: 4, Insightful

    Vote in a Democratic Congress this fall.

    The President will veto anything they put together and they'll refuse to pass anything the president tries to put through.

    With luck, we won't have any more new laws until 2008.

    --
    "I am the king of the Romans, and am superior to rules of grammar!"
    -Sigismund, Holy Roman Emperor (1368-1437)
    1. Re:Simple solution... by kaufmanmoore · · Score: 5, Insightful

      The **AA pays the dems off too.

    2. Re:Simple solution... by Wylfing · · Score: 5, Insightful
      Vote in a Democratic Congress this fall.

      The President will veto anything they put together and they'll refuse to pass anything the president tries to put through.

      With luck, we won't have any more new laws until 2008.

      I don't know if this was meant to be funny, even though it is and got modded that way, but it is also in fact quite perceptive. This is the way things are supposed to work in the USA. The government is supposed to be bogged down in all kinds of inefficienes so that they are too sluggish to impose any tyranny over the people. Any government naturally attracts the power-hungry. The neat trick here is that we make it hard for them to actually get anything accomplished.

      --
      Our intelligent designer has never created an animal that we couldn't improve by strapping a bomb to it.
    3. Re:Simple solution... by johnny+cashed · · Score: 4, Insightful

      But you don't understand. If there was no Democratic party, the Republican party would have need to invent them. They are two sides of the same coin. I also love it when people talk about third parties. We don't need third parties, we need third, forth, fifth and sixth parties. The more the better. The Democrats and Republicans are just playing us with the good cop/bad cop routine. They are still not on the average joe's side. They are out there for the moneyed interests. The two party system is just that, a system. A method of aggregating power while at the same time giving the illusion of checks and balances. They make everthing a false dichotomy. Society is too complex for a two party system.

  7. You're missing the point by Silent+sound · · Score: 3, Insightful

    My question to you would be: why would the MPAA embrace technology, when instead they can just buy off Congressmen and sneak this line item into every damn piece of proposed legislation?

    Sure, it hasn't passed so far. All they have to do is keep trying.

  8. It's not all bad actually by fishdan · · Score: 4, Funny
    For those who didn't read the article: the bill does say ...Americans should enjoy the right to share recorded broadcast TV over their home networks, make "short excerpts" available over the Internet, and that news programming generally should not be flagged...

    Holy Crap! They actualy agree that I should be able to share recorded TV shows over my home networks? That has got to be the most reasonable thing I've seen from the gov't in AGES. It's got to be a mistake on their part right?

    --
    Nothing great was ever achieved without enthusiasm
    1. Re:It's not all bad actually by soupdevil · · Score: 4, Insightful

      They agree you should be able to, but they want to be able to monitor it, and charge you for it.

    2. Re:It's not all bad actually by cayenne8 · · Score: 3, Insightful
      "Holy Crap! They actualy agree that I should be able to share recorded TV shows over my home networks?"

      Yes, but, only on 'blessed' hardware sold to you by the corporations....and should these store bought appliances allow you to do so, under full DRM, then yes you can do it. I would, however, be a bit apprehensive that you would be allowed to do that with your store bought hardware. And do remember, it will be against the DMCA to hack around this.

      Of course this completely wipes out the the DIY market....a good MythTV box would be great for what you want to do, but alas....it will be against the law to sell you hardware you could build yourself to do what you want...

      :-(

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  9. If you didn't vote Libertarian, you ASKED for this by Anonymous Coward · · Score: 3, Insightful

    Anyone who voted Republicrat or Democan, shut up and go sit on the sidelines.

    You've already demonstrated that you want an intrusive, activist government, you have no room to complain now. You ASKED FOR THIS.

    If you don't want this, vote straight Libertarian this election and every election thereafter.

    ______________________________________
    A vote against a Libertarian candidate is
    a vote to abolish the Constitution itself.

  10. Sticking babies on pikes by kitzilla · · Score: 4, Funny

    When some clever corporation figures out a way to turn a profit by sticking babies on pikes, a pliant US Congress stands ready to make it legal -- and to keep private citizens from doing it themselves.

    All the actual baby piking will be done overseas by non-union workers, of course.

    --
    This is my post. There are many others like it. If you don't like what you read here, go try one of the others.
  11. Kosher Entertainment: Thou shalt consume no Flags by deathcloset · · Score: 4, Interesting

    You know, I'm starting to think that broadcast television, motion pictures and recorded music might not be worth all this trouble.

    Perhaps it's time to start enjoying live plays and musical performances again. Seriously, my digital entertainment is video games and documentaries. I am starting to think the unthinkable: maybe I can live without TV and Movies.

    People will continue to create entertainment and education for download right? Oh, right...Unless network neutrality is abolished and my provider decides that I can't access this freely created content.

    I wonder, is it time that I start figuring out how to set up a HAM-based Internet connection?

  12. Challenge: Define "Digital Receiver" by popo · · Score: 4, Interesting


    Would that be like, "a computer"?

    Newsflash: There's no hardware unique to a TiVo.

    They'd have to outlaw PC's for this bill to work.

    Let them try. It will be a death sentence for every commercially manufactured, dedicated PVR. And the birth of some truly wonderful opensource software.

    Sounds good to me.

    --
    ------ The best brain training is now totally free : )
  13. Net Neutrality Law = Unneccesary & Bad Idea by fortinbras47 · · Score: 3, Insightful
    I don't know about you, but I am HIGHLY suspicious of the government's ability to do anything sensical when it comes to technology, and I can think of nothing worse than a law being passed to correct some theoretical problem that DOESN'T CURRENTLY EXIST and might never exist.

    What would happen if Congress tried to pass some Net Neutrality Law? Since there isn't any kind of ACTUAL problem now, I'm sure the bill would undoubtedly screw stuff up through the law of unintended consequences.

    Congress would insert all kinds of special provisions that would benefit some group at the expense of others, all kinds of new technology would become illegal, and lawsuits would proliferate. Who knows what would happen, the point is that when congress acts on technology (eg. the DMCA) they are likely to create a huge mess and things better be PRETTY DAMN bad before Congress can do more good than harm.

  14. Re:If you didn't vote Libertarian, you ASKED for t by spun · · Score: 4, Insightful

    Thinking about voting Libertarian? Check out Critiques of Libertarianism before you drink the cool-aide

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  15. we were warned, but nobody listened by MushMouth · · Score: 4, Interesting

    Bruce Perens warned us all this would happen 6 years ago in his "Napster Hurts Free Software" essay.

  16. Is tv still relevant? by gillbates · · Score: 4, Insightful

    I don't mean to troll, but it seems to me that if the MPAA and RIAA had their way, we wouldn't listen to music or watch tv at all. At least not in the manner to which we've become accustomed.

    Why would I bother buying an expensive recorder if it couldn't record all of the content I might like to record? Why would I watch tv or listen to the radio if I couldn't later share the experience with friends and family?

    And I'm less likely to watch tv in the first place if I can't share a funny clip with friends later. Take the Simpsons, for example. Often times I'll want to replay a clip of Homer doing something stupid for a friend. But if the MPAA has their way, I wouldn't be able to do this.

    Or take talk radio. My wife and I were riding along listening to talk radio when a traffic situation caused her to focus on the road. So naturally, she's lost a little bit of context and remarked that she'd like to rewind the radio to catch what she missed. Of course, you can't do this now with a car stereo, nor will you ever if the RIAA has their way.

    I've noticed that my media consumption habits have changed. It used to be that I would buy several CD's a year; I don't think I've bought one in the last two years. Yes, I suppose I could easily bypass the copy protection, but why bother. If the record label is such a jerk that they attempt to keep control of what I now rightfully own, then they can keep their shiny plastic and I'll keep my money. No sense in encouraging scumbags anyway.

    And why would I bother paying Hollywood for movies that I won't be able to enjoy in the future? My uncle has a few thousand decaying VHS tapes which he won't be able to play 10 years from now. And of course, with the DRM on DVDs and thanks to the DMCA, when DVDs are obsolete, you will lose your investment. At least my uncle could copy VHS to DVD. But how long would that last when the next generation players enforce DRM?

    So I've kind of given up on Hollywood and Big Music. It seems that they've become to wrapped up in their own hubris to realize that crippling content doesn't add to the value of the product. And yet, their stockholders continue to buy the old mantra, "Piracy is killing our business..." It's not piracy - it's lack of value. Why would a consumer buy something they legally can't own? The **AAs haven't figured out the American vision of entertainment is much different from their own. Americans:

    1. Want to own what they've legally purchased
    2. Consider ownership to be something perpetual, not "for a limited time"
    3. Like to share their culture (tv, movies, music) with others.
    4. Like to watch good movies and hear good songs again and again.

    By contrast, the RIAA and MPAA envision this model of consumer enjoyment:

    1. The consumer pays for the content, but the RIAA/MPAA still owns it.
    2. The consumer pays every time they enjoy the content.
    3. The consumer re-purchases the content any time the RIAA/MPAA decide a format change is necessary.
    4. The consumer only owns the content until it interferes with the profit made by the studio. Witness the industry's attempts to thwart re-selling used CD's.

    So, even those of us who would be otherwise honest must face a decision:

    • We play by the RIAA/MPAA playbook and pay continuously for content we've already bought, or
    • Forget the RIAA/MPAA and find a different mode of entertainment.

    So, is tv relevant anymore? Not when I can't enjoy it. Same for music and video - I'm enjoying public domain works now and independent stuff that I glean from the Net. Yes, I can afford to pay for my content, but why would I pay if I can't own it anyway?

    The RIAA/MPAA can't seem to understand that individual ownership and the rights that come with it are a fundamental part of selling content. If you don't want to give up control, don't sell the content.

    --
    The society for a thought-free internet welcomes you.
  17. ridiculous by UltraAyla · · Score: 5, Insightful

    so, even though people have been recording things on audio cassettes for decades, now that people are doing it digitally in smaller numbers (it takes some technical knowhow), all of a sudden they want to outlaw the recorders?

    I think that copy protection schemes are overwhelmingly proving the idea of self-fulfilling prophecies by pushing more people into illegality. It seems like a great premise of the whole freedom thing is trusting people to do what's right in a situation, and not forcing them to do what is right by removing access to legitimate resources. Just my two cents.

    1. Re:ridiculous by cei · · Score: 3, Informative

      so, even though people have been recording things on audio cassettes for decades, now that people are doing it digitally in smaller numbers (it takes some technical knowhow), all of a sudden they want to outlaw the recorders?

      Yes, that's exactly what they want to do. Their reasoning being that a digital copy is (or at least can be (with lossless compression)) as good as the original whereas an analog copy is inherently lossy. With a perfect digital copy there's no need for us to re-consume the original (for additional cost), because once we have initial access to it, we can access it just as well any time we'd like. They feel threatened by this.

      --
      This sig intentionally left justified.
  18. Why, they also voted to increase FCC powers by SuperKendall · · Score: 3, Insightful

    Vote in a Democratic Congress this fall.

    You mean the same ones who tried to blokc a bill recently because it did not grant the FCC enough power to regulate telecom net neutrality issues? The same FCC that wants the broadcast flag (as evidenced by this bill).

    The FCC should not have any more power, period. Vote for Senators who do not want to give the FCC power, REGARDLESS of what party they hail from.

    Vote based on the individual, not the party.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  19. Preferential Voting by wall0159 · · Score: 5, Informative

    I think you missed the benefits of 'preferential voting'. Essentially it means:

    'I'll vote for this guy, but if he doesn't get in then
    I'll vote for her, but if she doesn't get in then
    I'll vote for them.. etc'

    To use an example from the previous US election, one could vote for (say) Ralph Nader, but preference John Kerry. (Yeah, yeah, so I'm left-of-centre). With preferential voting, you're not wasting your vote, even though Nader will probably not get in. Rather, you're sending Kerry a message that you don't really approve of his policies, but just prefer him to the Other Guy. The crux is, that your vote still goes to Kerry.

    Another benefit, is that minor parties can allocate their own preferences. So one could just vote for (say) Nader, and he could negotiate his preferences with the major parties. This would give him leverage in the policy development of the major parties in the lead-up to the election. It also makes people more inclined to vote for minor parties, because they know it's not a 'wasted vote'.

    That's the system we have in Australia, and I think it works really well. I think it's absolutely essential if we're to encourage multiple parties (even if they're minor parties).