Like a bad meal, the Broadcast Flag is Back

[nitstalker]

Stevens seeks to hoist broadcast flag
Jan 30, 2006 10:13 AM, Beyond The Headlines e-newsletter

Sen. Ted Stevens (R-AK), who oversees broadcast industry issues in the Senate, said the broadcast flag is necessary in order to prevent piracy of TV shows over the Internet.

Stevens, taking a hard line in support of the Hollywood content industry, vowed to promote legislation that would impose the flag technology upon makers of digital television devices even if negotiations with public interest groups fail.

The National Journal reported that draft legislation was recently released by Senator Gordon Smith, (R-OR), that would grant the FCC authority to impose the broadcast flag requirement upon all manufacturers of digital tuners.

Stevens, chairman of the Senate Commerce, Science and Transportation committee, said the subject requires an act of Congress.

The FCC approved the broadcast flag rule in November 2003, ordering a halt to the manufacture of non-compliant TV tuners. However, a federal appeals court that found the commission did not have the authority to order the copy protection system overturned the decision. The entertainment industry then turned to Congress for help.

Stevens contended that his committee could “enact a bill that would eliminate some of the problems the FCC tried to work out” with regard to the right of consumers to copy television programs for personal use.

However, public interest groups continue to oppose the flag as an infringement of consumers’ right to make fair use of copyrighted material.

Sen. John Sununu (R-NH) said he is strongly opposed to the federal government mandating either the broadcast flag for over-the-air TV or the audio flag for radio.

As new technologies such as TV, videotape and CDs appeared, Sununu noted, “we didn’t need to step in with a significant statutory government-regulated mandate.” Instead of passing legislation, he added, Congress “ought to be at least a little bit more skeptical than we are now” of claims of economic ruin from the entertainment industry.

 

[Weezknight]

Sen. Ted Stevens (R-AK), who oversees broadcast industry issues in the Senate, said the broadcast flag is necessary in order to prevent piracy of TV shows over the Internet.

Stuff like this bothers me. If the season is still in progress and the shows are not on DVD yet, I don't see how using P2P to catch up on episodes you may have missed is piracy.

It is especially bothersome given all of the other things Congress could be addressing.

 

[waltinvt]

The whole thing is so transparent.

It's all about money and nothing else. The entertainment industry dumps many millions into the pockbook of our elected and appointed officials. Barring the chance of an upset in the voting booth, there is no way enough politicians to make a difference are going to give up that kind of $$$$$.

The only way to fight this is by boycotting any aspect of the industry that supports any form of personal use copying restrictions..

Most movies would and could not be produced today without up front financing in exchange for video rights, followed by PPV, then preimum tv (like HBO, etc) and finally broadcast networks. A boycott of any of those venues will get Hollywood's attention.

But it's not just about piracy. It's more about them not wanting you to be able to watch their product multiple times without them getting a piece of the action. They actually see that as a bigger loss of revenue than piracy.

Think about it. Every time you buy or rent their product, they get a %. You make and watch your own copy, they get nothing. That drives them crazy and not just in terms of greed but ego too. Some of them honestly feel they own what they create forever and we should pay every time we gaze upon it.

 

[Charise]

Keep us informed! I wrote my senators last time this was an issue before them.

 

[jayn_j]

The whole thing is so transparent.

But it's not just about piracy. It's more about them not wanting you to be able to watch their product multiple times without them getting a piece of the action. They actually see that as a bigger loss of revenue than piracy.

And that has been the continuing battle all along. That was the basis of the original Betamax lawsuit. Has it been so long that folks have forgotten the original DIVX model where they would sell you the disc and then charge you to actually view it? How about the older VCR schemes with cassettes that wouldn't rewind and others that sliced the tape with a razor when you watched it. PPV was the basis of the original "priced to rent" Videocassettes, where the rental store ponied up $100 for the rights to rent the movie for $3/day. And that, in turn, was why Blockbuster came to be in the first place. If Videocasettes would have sold for $25, people would have bought in droves and the rental stores would have died a quick death. Don't forget the studio lawsuits against places that sold used CD's and videos.

Studios make more today with $15-20 sell through pricing, but they always seem to be willing to kill the goose, rather than let a few people slip through and get something for nothing.

 

[Sarang]

And that has been the continuing battle all along. That was the basis of the original Betamax lawsuit. Has it been so long that folks have forgotten the original DIVX model where they would sell you the disc and then charge you to actually view it? How about the older VCR schemes with cassettes that wouldn't rewind and others that sliced the tape with a razor when you watched it. PPV was the basis of the original "priced to rent" Videocassettes, where the rental store ponied up $100 for the rights to rent the movie for $3/day. And that, in turn, was why Blockbuster came to be in the first place. If Videocasettes would have sold for $25, people would have bought in droves and the rental stores would have died a quick death. Don't forget the studio lawsuits against places that sold used CD's and videos.

Studios make more today with $15-20 sell through pricing, but they always seem to be willing to kill the goose, rather than let a few people slip through and get something for nothing.

Yeah I remember that with VHS. Kinda hated the fact I couldn't own a VHS cassette without waiting like a YEAR after it was originally released to buy it because of this. Couldn't agree more with your last statement.
I didn't know that about VHS and the razor, kinda interesting. Divx I can't completely knock however since people did have a choice and the full play discs that DIDN'T end at any time also cost like $5 less than the typical DVD I think. However if you're talking about some movies hitting Divx before regular DVD than THAT I agree with you on.
Don't forget Stevens is also the same jerk who got that Pork Project put in that cost millions of $'s to the government and only went out to a town of 50 people.