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Trade Broadcast Flag for Fair Use?







Trade Broadcast Flag for Fair Use?

Trade Broadcast Flag for Fair Use? 06/17/2005 03:50 PM

Honestly folks a Congressman Boucher actually suggested Trading Broadcast Flag for getting some of Fair Use rights back. What is sad is that he is typically on our side. I am of the opinion that it is just time to route around all of the groups that are itching to take control of all of the content you consume in your home and then have to ask permission or told no, that you cannot a show.

Lets do this instead, distribute all media via the Internet by creating video content the same way podcasters are creating audio content. Produce it well enough that people will start streaming video on to their home media centers and bypass all of the networks completely then we will not need to worry about broadcast flag. [Engadget]




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Trade Broadcast Flag for Fair Use?

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Tivo and the broadcast flag 08/02/2004 11:50 AM
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FCC Approves Broadcast Flag


FCC Approves Broadcast Flag 11/04/2003 07:06 PM
As was very much expected, the FCC ignored plenty of reasons why this is a terrible idea and has approved the "broadcast flag" for digital TV programs. All digital TV receivers will need to recognize this flag, meaning that people will (a) need to buy new equipment and (b) lose plenty of fair use rights. Note that it will do nothing to stop "piracy" as the industry claims. It's unclear from the quick Associated Press version of the article how the broadcast flag is going to be implemented (that is, who is going to set it up and approve it), but I'm sure that information will come out shortly. Anyway, here we have another political decision that will do nothing to solve an actual problem, but will make most people worse off.

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Broadcast Flag Burning 08/02/2004 07:00 PM
I wasn't convinced that the broadcast flag was such a big deal. But this story about Tivo asking the FCC for permission to add new features is changing my mind. Creative destruction doesn't ask for permission. (Thanks to Jonathan Zittrain, Susan Crawford)....

Canada's Broadcast Flag


Canada's Broadcast Flag 09/08/2004 04:44 PM
Cory Doctorow: The Broadcast Flag is a US regulation that nominally prevents Internet redistribution of digital TV signals, but in fact sets up a world where Hollywood studios and their captured regulators get a veto over the design of all new TV technology -- and distort the market for PC components like hard drives and video-cards in a way that will hobble innovation, drive up prices and shut out open source.

Weirdly enough, Canada seems to think that this sounds pretty good.

Given the controversy associated with the broadcast flag in the U.S., one would think that Canada would be wary about embarking on the same route. Accordingly, it came as a shock to many when an Industry Canada official recently indicated that Canada was likely to follow the U.S. lead by quickly implementing a similar system by July 2005. The official suggested that there was broadcaster support for the measure and that since the U.S. had adopted it, Canadians had little alternative but to follow suit.

While Canadian broadcasters may or may not support the broadcast flag (they have in fact been rather publicly silent on the matter), it is essential Canada craft its own policy by considering the privacy and copyright policies associated with the proposal.

Pre-judging the issue, as some in Minister Emerson's department appear to have done, is a dangerous course of action, that should be replaced immediately by a working group of all stakeholders, including the broader public interest, intent on studying the Canadian options. The suggestion Canada faces a Y2K-like deadline with respect to the broadcast flag appears as overblown as was the Y2K threat itself.

Link

Can we deal on the Broadcast Flag?


Can we deal on the Broadcast Flag? 06/17/2005 07:13 PM
Congressman Richard Boucher says that the broadcast flag should only be approved if Congress is also willing to establish clear legal pathways to fair use. But what does the content industry really want?

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EFF: 48 Hours to Stop the Broadcast Flag 06/22/2005 02:52 AM
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FCC Adopts Broadcast Flag Scheme 11/04/2003 09:23 PM
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A United States federal court has ruled against the FCC's strong recommendation that television manufacturers build a " broadcast flag " into the signal transmission and presentation devices of digital televisions.

Proponents of the broadcast flag had argued that such a mandated technology would limit piracy of digital television programs. Opponents described the method as harming legitimate uses of digital content, while hurting American device manufacturers in a global market generally lacking broadcast flags.


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FCC Adopts MPAA broadcast flag 11/05/2003 10:56 AM
There goes the neighborhood I personally think that by forcing this the FCC will essentially eliminate the fair use standard,...

EFF Fights Broadcast Flag With ...
MythTV?


EFF Fights Broadcast Flag With ...
MythTV?
07/02/2004 08:20 AM

teevee.jpg imageThe EFF has an interesting, if somewhat milquetoast call out to programmers and other geeks to help develop the MythTV project, specifically to make it easier to use by the average consumer. Their fear is that the FCC's broadcast flag (a DRM system that will lock down your ability, unless permitted by broadcasters, to exercise your fair use rights, like copying or timeshifting, on HDTV streams) will pass into law as scheduled about a year from now. There is a loophole, currently, that allows unrestricted HDTV devices to be sold and resold, even after the broadcast flag goes into effect.

The idea is, I think, to try to get as many unrestricted HDTV tuners and PVRs into the hands of people as possible, not only to free themselves from future restriction, but to raise awareness that the government, in the pocket of Hollywood, has already made plans to put the squeeze on your rights.
Read [EFF]

Related
INDUCE Act: Ipecac for Fair Use [Gizmodo]


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A Broadcast Flag For Digital Radio?


A Broadcast Flag For Digital Radio? 05/24/2004 06:59 PM
The RIAA isn't exactly known for understanding concepts like fair use, or that giving consumers what they want generally helps to grow a market, but now they're just wasting everyone's time. Their latest move is to push for a broadcast flag for digital radio, so that you may no longer be able to record what you hear on the radio. In other words, just as the industry is trying to convince people to switch over to digital radio for the better sound quality, they're also going to be taking away the rights people have enjoyed for ages concerning what they can do with the content they hear.

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Japanese Broadcast Flag -- welcome to
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Japanese Broadcast Flag -- welcome to
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05/26/2004 02:43 AM
The Japanese Broadcast Flag has gone into effect. Like its American cousin, this is a technology mandate that restricts how you can use the shows that show up on your own television, on the grounds that you might be some kinda eyepatch-wearing-pirate. 'Course, the broadcast flag doesn't really stop you from capturing analog signals and putting their programming online; no, this is a measure that is 100% ineffective at stopping "piracy" and 100% effective at stopping new tech like VCRs from being invented without the permission of the movie studios.
Because programs that have been copied once cannot be duplicated or edited digitally, editing the programs via a personal computer has become impossible.

In addition, the broadcasters' move has made it necessary for viewers to insert a special user identification card, known as a B-CAS card, into their digital TV sets to watch programs.

These duplication controls are being applied to digital TV programs aired by both digital terrestrial and satellite broadcasters.

In the week after the measure was implemented, NHK and the grouping of private broadcasters received more than 15,000 inquiries and complaints about the scheme.

Link (Thanks, Alex!)

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The RIAA's Push for an Audio Broadcast
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Senate punts on broadcast flag option


Senate punts on broadcast flag option 06/24/2005 03:23 PM
ZDNet Jun 23 2005 11:15PM GMT

TiVo vs. the Broadcast Flag Wavers
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TiVo vs. the Broadcast Flag Wavers
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washingtonpost.com - TiVo, the company that makes the digital-video-recorder boxes that inspire such strange idolatry among their users, is in a weird spot. It's asking the Federal Communications Commission for permission to add a new feature -- the option for a TiVo user to send recorded digital TV programs via the Internet to nine other people.

Broadcast Flag could be enacted by
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Broadcast Flag could be enacted by
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06/22/2005 01:58 AM
More than a month after being overturned by an appeals court, the Broadcast Flag may be enacted this week via a backdoor. Legislation authorizing its creation may be tacked on to an appropriations bill.

RIAA wants a broadcast flag for digital
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RIAA wants a broadcast flag for digital
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05/24/2004 09:41 PM
Last fall the FCC approved broadcast flags for digital television, marking a big win for broadcasters. It was only a matter of time before the RIAA would request similar treatment of radio.

FCC Adopts Hollywood "Broadcast Flag"
Mandate.


FCC Adopts Hollywood "Broadcast Flag"
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11/05/2003 10:35 PM
EFF: FCC Adopts Hollywood "Broadcast Flag" Mandate.

Dianne Feinstein on the Broadcast Flag:
Idiot or liar?


Dianne Feinstein on the Broadcast Flag:
Idiot or liar?
06/24/2005 06:18 PM
Cory Doctorow: Senator Dianne Feinstein wrote back to constituents who complained about the Broadcast Flag with this amazing, disingenuous note:
Thank you for writing to me about the digital broadcast flag. I appreciate hearing from you.

I feel strongly that we must prevent the theft of copyrighted works, and that includes digital television (DTV) programming. As we move forward in the digital age, it is increasingly easy for unauthorized copies of copyrighted works to be made and illegally distributed. Over-the-air digital content is the easiest to pirate.

As we contemplate the use of new technologies to protect copyrighted works, we must pay careful attention to ensure that a balance is struck between competitive protections and individual consumer interests. It is important to allow for the continued fair use of copyrighted material, even while we seek to stop unauthorized reproductions from being illegally distributed outside the home and over the Internet.

Again, thank you for writing. Please know that as the Senate considers legislation of the broadcast flag, I will be sure to keep your views in mind. If you should have any questions, please feel free to contact my Washington, DC staff at (202) 224-3841.

Practically every sentence in this letter is a lie:
As we move forward in the digital age, it is increasingly easy for unauthorized copies of copyrighted works to be made and illegally distributed.
Lie: Steps needed to put analog-broadcast video on your computer: 1. Install capture card; 2. Press record. Steps needed to put digital-broadcast video on your computer: 1. Install capture card; 2. Press record.

It is important to allow for the continued fair use of copyrighted material
Lie: TiVo's TiVoToGo service -- designed to comply with the broadcast flag -- limited the number of devices you could watch your recorded videos on to a set number. Nothing about fair use says that n devices is permissible, but n + 1 isn't. TiVoToGo was one of the more permissive services -- systems like 5C and 4C have no consideration for fair use (for example, you can't tell a 5C device that you need to the ability edit a show that you plan on using in connection with criticism or classroom use).

even while we seek to stop unauthorized reproductions from being illegally distributed outside the home and over the Internet.
Lie: because the broadcast flag does not restrict analog outputs, there is nothing about the broadcast flag that prevents Internet redistribution of digital television (steps needed to put broadcast flag content on the Internet: 1. Connect tuner to PC via analog cables; 2. Press record.)
This leaves us with only one question: is DiFi stupid, or is she a liar? Either way, Feinstein should be ashamed of herself. (Thanks, Mark!)

Broadcast flag debate shifts to Capitol
Hill


Broadcast flag debate shifts to Capitol
Hill
06/22/2005 02:37 AM
ZDNet Jun 21 2005 5:24PM GMT

URGENT: Call your Senator RIGHT NOW or
live with the Broadcast Flag forever!


URGENT: Call your Senator RIGHT NOW or
live with the Broadcast Flag forever!
06/22/2005 02:11 AM

I felt the need to put this on the site in full context from BoingBoing this is a direct and complete quote off their website.

From Boing Boing

We've heard rumors that the Broadcast Flag that Cory, the EFF, and a coalition of pressure groups have fought so hard against (and beat in the courts) will be sneaked back via an amendment to the giant Senate Appropriations Bill in a sub-committee at 2PM EST on Tuesday 21st. This week is Hollywood's last chance to ram the flag past Congress, and they're working hard to get it under the radar.

There's no time to write letters or start a media campaign: but folk in the states below have just enough time to warn their senators, who are all on the sub-committee. People of Alabama, Alaska, Hawaii, Iowa, Kansas, Kentucky, Maryland, Missouri, New Hampshire, New Mexico, North Dakota, Texas, Vermont, Washington, and Wisconsin - it's up to you!

There's a sample script after the phone list. Remember: be cool, collected and polite. Most of these senators won't know a thing about the flag, until one of them makes it a throwaway amendment tomorrow. Make sure their ears twitch when they hear "broadcast flag" today.

ALABAMA Senator Richard Shelby (202) 224-5744
ALASKA Senator Ted Stevens (202) 224-3004
HAWAII Senator Daniel Inouye (202) 224-3934
IOWA Senator Tom Harkin (202) 224-3254
KANSAS Senator Sam Brownback (202) 224-6521
KENTUCKY Senator Mitch McConnell (202) 224-2541
MARYLAND Senator Barbara Mikulski (202) 224-4654
MISSOURI Senator Christopher Bond (202) 224-5721
NEW HAMPSHIRE Senator Judd Gregg (202) 224-3324
NEW MEXICO Senator Pete Domenici (202) 224-6621
NORTH DAKOTA Senator Byron Dorgan (202) 224-2551
TEXAS Senator Kay Bailey Hutchison (202) 224-5922
VERMONT Senator Patrick Leahy (202) 224-4242
WASHINGTON Senator Patty Murray (202) 224-2621
WISCONSIN Senator Herb Kohl (202) 224-5653

"Hello, Senator _________'s office"

"Hi, I'm a constituent. [Remember: Only say 'I'm a constituent' if you really are -- if you're calling the Senator from _your own state_] I'm registering my opposition to the broadcast flag amendment being introduced in the Senate Commerce Justice and Science Appropriations subcommittee mark-up on Tuesday, and in full committee on Thursday."

(*** You can give your own reasons for opposing the flag here. Here's a sample: ***)

"The Broadcast Flag cripples any device capable of receiving over-the-air digital broadcasts."

"It give Hollywood movie studios a permanent veto over how members of the American public use our televisions."

"It forces American innovators to beg the FCC for permission before adding new features to TV."

"It will prevent fair use of copyrighted works: critical review, and use of material in distance learning"

"This is an important issue which will affect all Americans, and should not be inserted in a large bill, at the last moment, with no debate."

"Please oppose the broadcast flag amendment. My name and address are ___________________."

"Thank you for your time."

Thanks to Boing Boing


Librarians, Computer Hobbyists Show The
Harm The Broadcast Flag Will Cause


Librarians, Computer Hobbyists Show The
Harm The Broadcast Flag Will Cause
03/30/2005 11:09 PM
While judges seemed sympat hetic to the legal questions raised concerning the FCC's right to mandate a "broadcast flag," the one big stumbling block was that the judges were not convinced that the groups who were suing (librarians, academics, computer hobbyists) had any standing in the case. That is, it was not clear that there was direct harm as a result of the flag. These groups went back to the drawing table and worked up a brief outlining the potential harm the broadcast flag would do. If the judges find the brief compelling, then they may tell the FCC it has no right to impose a broadcast flag on technologies. This would be a big win in allowing firms to innov ate without first having to ask for permission from the entertainment industry.

FCC screws America, adopts Broadcast
Flag, doom, gloom, armageddon


FCC screws America, adopts Broadcast
Flag, doom, gloom, armageddon
11/04/2003 07:12 PM
We've lost a round in the Broadcast Flag fight. The FCC today decided that it didn't need to listen to the tens of thousands of Americans that wrote to it, asking to have this terrible proposal set aside, and instead adopted a rule proposed by billionaire movie studios whose biggest problem is figuring out how to spend the riches they made off the VCR after we saved their asses by telling them to get bent when they tried to get the Betamax banned the last time around.
"The FCC today has taken a step that will shape the future of television," said EFF Senior Intellectual Property Attorney Fred von Lohmann. "Sadly, this represents a step in the wrong direction, a step that will undermine innovation, fair use, and competition."

"The broadcast flag rule forces manufacturers to remove useful recording features from television products you can buy today," said EFF Staff Technologist Seth Schoen. "The FCC has decided that the way to get Americans to adopt digital DTV is to make it cost more and do less."

Link

How HDTV killed firefighters, birthed
the Broadcast Flag, and screwed America


How HDTV killed firefighters, birthed
the Broadcast Flag, and screwed America
03/29/2005 11:56 AM
Cory Doctorow: This long, excellent article on the history of broadcast spectrum allocation in America is the single best explanation of the mess that we're in today. In short: greedy broadcasters tricked Congress into giving them free spectrum for a second set of digital channels, so that Americans who bought digital TVs would have something to watch. Then they did nothing with them. Meantime, cops and firefighters and EMTs are (literally) dying for some of that squat-upon spectrum so that they can coordinate their rescue efforts. Remember how everyone rhapsodized about how postmodern it was that the World Trade Center rescuers used cellphones and Blackberries to stay in touch? It wasn't because the private sector's phones are designed by smarter people than the emergency-squads'. It's because there's no spectrum available to emergency workers because the broadcasters (now largely owned by or affiliated with movie studios and cable companies) have stolen it all from the American public.

This stuff was used as the justification for the Broadcast Flag, too -- spectrum allocation is practically the root of all evil in America, when you get right down to it.

From the beginning, the key combatant has been the National Association of Broadcasters, which organized itself into a lobby in the 1920s, even before the Federal Communications Commission was formed in 1934. For more than 75 years, the NAB has been fighting to help the broadcasting industry hold on to its slice of the spectrum -- the frequencies TV and radio stations use for their broadcasts -- in the face of demands from competing technologies and rival industries, and even public safety concerns.

In the 1980s, when the FCC appeared ready to reallocate some of the spectrum for public safety, the NAB persuaded Congress to block the commission and hold off the change because, the broadcasters said, they needed the spectrum to develop high-definition television. Yet soon thereafter, the broadcasters abandoned HDTV, and it nearly died

Link (via Dan Gillmor)


"URGENT: Call your Senator RIGHT NOW or
Live With the Goddamned Broadcast Flag
Forever!"


"URGENT: Call your Senator RIGHT NOW or
Live With the Goddamned Broadcast Flag
Forever!"
06/22/2005 02:21 AM

Will the Broadcast Flag Break Your TiVo?
- The FCC ruling explained. By Paul
Boutin


Will the Broadcast Flag Break Your TiVo?
- The FCC ruling explained. By Paul
Boutin
12/02/2003 09:59 AM

Leader backs Wales' Fair Trade bid


Leader backs Wales' Fair Trade bid 05/08/2004 10:40 AM
On World Fair Trade Day, the Archbishop of Wales supports a campaign to make Wales the first Fair Trade Country.

Fair-Trade Watch Dog Warns Microsoft


Fair-Trade Watch Dog Warns Microsoft 07/09/2004 08:40 AM
Japan's fair-trade watchdog will issue a warning against U.S. software giant Microsoft Corp., which has been under investigation on suspicion of violating the country's anti-monopoly law, but the U.S. software giant will not be fined, an official said Friday. The Fair Trade Commission has decided to issue the warning against Microsoft next week, largely a symbolic move, a commission official said on condition of anonymity.

Intel accepts Japan fair-trade order


Intel accepts Japan fair-trade order 03/31/2005 11:25 PM
Sydney Morning Herald Apr 1 2005 3:35AM GMT

Pupils' 3-D lamp to light up the world
at trade fair


Pupils' 3-D lamp to light up the world
at trade fair
05/04/2004 01:38 PM
Manchester Online May 4 2004 4:36PM GMT

Intel accepts Japan fair trade ruling
but still disagrees on allegations


Intel accepts Japan fair trade ruling
but still disagrees on allegations
04/01/2005 10:40 PM
Servihoo.com Apr 2 2005 2:03AM GMT

Intel accepts Japan's fair trade ruling
but still disagrees on allegations


Intel accepts Japan's fair trade ruling
but still disagrees on allegations
04/01/2005 06:49 AM
Channel NewsAsia Apr 1 2005 11:08AM GMT
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