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Broadcast Flag Mark II

p2pnet.net News:- There’s a rumour circulating that Hollywood is trying to sneak Broadcast Flag Mark II into a senate appropriations bill.

“If what we hear is true, the provision will be introduced before a subcommittee tomorrow and before the full appropriations committee on Thursday," says the EFF (Electronic Frontier Foundation), going on:.

“That gives us 48 hours to stop it.”

Read on >>>>>>>>>>>>>>>>>>>>>>>>

There has been No Debate in the Appropriations Committee over the Broadcast Flag.

Broadcast Flag is Not Narrow: There is no "narrow" way to implement the broadcast flag scheme because it necessarily puts the FCC in the role of gatekeeper, having to approve and certify every technology that might carry DTV — computers, cellphones, gameboys, etc. As proof of the broad scope of the flag, when petitioned to exempt lawful uses of digital television, the FCC declined saying "practical and legal difficulties of determining which types of broadcast content merit protection from indiscriminate redistribution and which do not."

Causes Consumer Confusion and Will Slow DTV Transition: At a time when Congress is concerned about making television sets obsolete at the end of the DTV transition, the flag would similarly render obsolete much consumer equipment because commonly used devices will not work together unless all use the same copy protection technology. The flag will not help the transition to DTV, and indeed might harm it because it makes consumers’ TVs less functional than before.

Limits Fair Use: As the May 11, 2005 Congressional Research Service report noted, the flag will prevent important fair uses, like the ability of teachers to engage in distance learning and the ability of individuals to email fair use portions of works to themselves and others.

Not about P2P: The infringement associated with Revenge of the Sith and other movies that have appeared online has absolutely nothing to do with the flag. Rather, the flag is about protecting supposedly "free" over the air digital television. MPAA provided no evidence that this content was being pirated nor would it be anytime in the near future.

Content Already Shown in HD with NO PROTECTION: In contrast to the argument that broadcasters won’t put on "high value" content, we note that most prime time television is already broadcast in HDTV, without protection. Viacom threatened in 2002 to withhold programming, but did not do so and is now one of the leading producers of HDTV.

Court Spoke to the Merits: The D.C. Circuit’s broadcast flag decision was not merely "procedural." In ruling that the FCC did not have the authority to impose a broadcast flag scheme, the Court was ruling on the scheme’s merits — namely, that it is so far reaching in its scope that it would permit the FCC, in the words of one judge at oral argument, to regulate "washing machines."

EFF’s action alert, geared to people with senators on the committee, is here.

Public Knowledge also has an email urging readers to phone their senators.

(Thanks, ‘Admin’)

================

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4 Responses to “Broadcast Flag Mark II”

  1. Reader's Write Says:

    The FCC doesn’t have the power and shouldn’t have the power to control what we at home record off of TV… they already do enough damage to home electronics…
    Why the fuck does the FCC think they have the right to enforce that kind of crap on us!!
    And do they honestly think it will stop us?? O_o XD HAH If I wanted to I could just mod my VCR to bypass the flag… or I could just use old equiptment that doesn’t even use it… or I could order a machine from out of the country!

    FUCK the FCC… those control freaks only want whats good for them, and what gets them money… just because they get payed by the MPAA to make these kinds of rules… blah! They don’t run me! If a human makes it, another human can unmake it! So the flag wouldn’t be of any use anyway, except to piss of normal people that don’t copy and sell TV anyway…. people that pirate that kind of stuff, won’t have any trouble getting around it!!! >__>

  2. Reader's Write Says:

    “Viacom threatened in 2002 to withhold programming, but did not do so and is now one of the leading producers of HDTV.”

    Why did Viacom did not do so? Simple answer, no money to be made. How are you going to make any money if you don’t show it (no show, no advertising revenue).

    A couple of month back, **AA also threaten to withhold programming if they don’t get the broadcast flag. I call their bluff. Correct me if I’m wrong. We own the frequencies that broadcasters uses (via the government[FCC]: broadcasters pays for the frequency they use). Therefore, no show, no advertising revenue. We actually paid for over the air TV and Radio. Don’t say it’s FREE.

    Congressman Rick Boucher wants to bargain with these terrorists, the **AA, who hi-jacked fair use by using the DMCA. He wants to make an exchange fair use for the broadcast flag. What’s wrong with this picture? Is this guy a dumb ass or what? Why does anyone wants negotiate with these terrorists. We had fair use before the DMCA. It’s like negotiating with a car jacker; don’t take the Mercede, take the BMW.

    Fair Use before the DMCA:

    You are allowed to make a copy for fair use (copy protected or not)

    After the DMCA:

    You are allowed to make a copy for fair use as long as you do not break any copy protection in the process. If you break the copy protection, it is illegal. Guess what, most of the DVDs, software, etc are copy protected. Where is fair use?

  3. Reader's Write Says:

    Let them bring this stupid broadcast flag in. The only ppl who will miss out will be ppl who watch tv and cant afford a new one that conforms to the new standard.

    The ppl who download programs won’t miss a thing.

    At most it may take longer for shows to appear, but it won’t stop them appearing.

  4. Reader's Write Says:

    Those of us who still use analog equipment will not be affected because the DRM will be in the digital transeiver from the cable company. It must output a analog signal, BF flag or not, otherwise there would be a major public outcry. I’ll be keeping my older equipment for some time to come and continue to thumb my nose at the BF flag.

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