[DMCA-Activists] Comment on "Broadcast Flag" Mandate

[Seth Johnson]

(Forwarded from POLITECH)

-----Original Message-----
From: Declan McCullagh <address@hidden>
Date: Wed, 19 Nov 2003 09:16:19 -0500
Subject: [Politech] One more reply to FCC and broadcast flag mandates 
[ip]

---

Date: Thu, 13 Nov 2003 09:45:54 -0500
From: Rick Bradley <address@hidden>
To: Declan McCullagh <address@hidden>
Subject: Re: [Politech] Cato Institute on FCC's broadcast flag
regulations
Message-ID: <address@hidden>
References: <address@hidden>
Mime-Version: 1.0

* Declan McCullagh (address@hidden) [031113 01:40]:
 > The Broadcast Flag Decision: The FCC Bends Over Backward to Protect
 > Over-the-Air Television and the HDTV Transition
[...]
 > As someone who's obsessed with HDTV and currently owns three HD
sets, I
 > certainly appreciate the value of high-definition television
programming
 > and want to make sure it doesn't disappear. But while the broadcast
and
 > content industry are correct in asserting that the widespread
 > redistribution of high-definition broadcast content over the
Internet might
 > represent a serious problem, it's hard to believe anyone in America
today
 > has enough bandwidth or processing power to be downloading and
 > redistributing massive digital television files via the Net. In the
future,
 > however, when broadband speeds (hopefully) multiply, content
providers
 > might have more reason to be concerned about the financial viability
of
 > certain programs if those shows could be redistributed to the world
at the
 > click of a button. In such a world, it might make sense for them to
embed
 > digital broadcast flags in their programming, or even encrypt their
 > programming at the source and require consumers to purchase new
equipment
 > to decrypt that programming before it can be viewed. But it is an
entirely
 > different matter to have the FCC set up a mandatory regulatory
regime that
 > forces such solutions on the entire nation.

The contradiction inherent in a "broadcast flag" is that they're 
trying to prevent redistribution of content THAT IS BROADCAST OVER THE 
AIRWAVES FOR ANYONE TO RECEIVE.  Noone needs the Internet to get this 
content since it's available to anyone who wants it.  For free.

The Broadcast Flag is about content control and not just content that 
is broadcast over the air.  Once VCRs/Tivos/etc. are required to obey 
the broadcast flag regime the same flag will be turned on on non-
broadcast content as well.

The MPAA has been trying for years to get complete control over 
distribution, recording, playback, and even use.  The DMCA is about 
this, as was the Hollings Bill (SSSCA/CBDTPA), as are the S-DMCA bills 
being fought in the state legislatures.  The DMCA was rammed through. 
Outcry shut down the Hollings Bill.  The S-DMCA's are running up 
against huge opposition at the state level.  The FCC, however, is much 
easier for Big Business to manipulate than bodies accountable to We 
The People.

Rick
-- 
  http://www.rickbradley.com    MUPRN: 132
                        |  kinds of images
    random email haiku  |  that really do seem to bear
                        |  out Debord's thesis.
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