Our Big-Ass Antenna and Morality
We recently installed this rather voluptuous UHF/VHF TV antenna on top of our building. It lets us receive free HD content being broadcast from different TV stations in the Bay Area. It works great, though the HD content is extremely sparse (at least during the day).
One of the reasons we did this is so we could capture some HD content (other than the canned HD clips from MSFT) to stream over Wi-Fi for our demos.
Well as it turns out there's a big brew-haha about copying free HD content. And it has to do with something called "the broadcast flag."
A broadcast flag is a set of bits sent in a data stream that says whether or not that stream can be recorded or if there are any restrictions. Basically Hollywood wants to protect against copyright infringement. But doesn't this interfere with the fair use rights of the viewing public?
Evidently the FCC ruled in 2003 (47 CFR 73.9002b) that "No party shall sell or distribute in interstate commerce a Covered Demodulator Product that does not comply with the Demodulator Compliance Requirements and Demodulator Robustness Requirements." Too bad they couldn't just say what they meant. "We don't want people to copy stuff if we don't know about or control....we might get in trouble or get people yelling at us."
But in May, the U.S. Court of Appeals for the D.C. Circuit ruled that the FCC had exceeded its authority in creating this rule. Yet the ruling was a limited one. The judges said that though the FCC lacked the authority to outlaw TV tuners, Congress could choose to enact a law allowing it.
This broadcast flag issue is buried in a big telecom bill (S.2686) that the senate is pondering....but it looks like the issue is being resurrected. Members of the Senate Commerce Committee have endorsed the idea of requiring digital TV receivers to restrict redistribution--particularly over the Internet--of over-the-air broadcasts. The measure would also allow for similar rules, or an "audio flag," for digital radio receivers.
Since broadcast flags could be activated at any time, a viewer who records a program might suddenly find that it is no longer possible to save their favorite show.
Today, you can use any device you like with your television: VCR, TiVo, DVD recorder, home theater receiver, or a PC combining these functions. But if the broadcast flag mandate is passed, Hollywood and federal bureaucrats will get a veto over innovative devices and legitimate uses of recorded programming.
The mandate forces all future digital television (DTV) tuners to include "content protection" (aka DRM) technologies. All makers of HDTV receivers will be required to build their devices to watch for a "flag" embedded in programs by copyright holders.
When it comes to digital recording, it would be Hollywood's DRM way or the highway. Want to burn that recording digitally to a DVD to save hard drive space? Sorry, the DRM lock-box won't allow it. How about sending it over your home network to another TV? Not unless you rip out your existing network and replace it with DRMd routers. And forget about using open source TV tools.
The good news is that digital multimedia can be distributed and consumed more easily. The bad news is that digital multimedia can be distributed and consumed more easily. I feel a headache coming on.
The answer isn't to legislate this but let the free markets decide. In the end, you can't govern morality. Was that a leap or what? Think about it.
When we show our IPTV demo to people here in the U.S. (other than service providers), we get this sort of dumbfounded look. "Well I don't have IPTV, what the hell am I supposed to do with your stuff?" they ask.
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