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  • From: tom poe <tompoe AT amihost.com>
  • To: "DMCA_Discuss AT lists.microshaft.org" <DMCA_Discuss AT lists.microshaft.org>
  • Cc: Community Studios <community_studios AT lists.ibiblio.org>
  • Subject: [Community_studios] FCC - broadcast flag
  • Date: Mon, 27 Oct 2003 19:00:10 -0000

For those seeking fodder for their well thought out letters to the FCC:
>From the BPDG Draft report for Hollings, et al back in July, 2002:
(see: http://www.studioforrecording.org/mt/archive/000021.html for BPDG
comment)
"A proposal was later made by Philips and a small number of consumer
electronics companies that, for a limited number of years (intended to
capture the reasonable life of legacy DVD players), in-the-clear
recordings of Unscreened Content and Marked Content could be made
using standard definition DVD recorders. Motion picture companies
opposed such a "grandfather" provision, inter alia, because tens of
millions of legacy DVD-ROM drives would remain capable of unauthorized
redistribution of such content when played back, including over the
Internet."

About the broadcast flag and fair use from the BPDG draft report:
Footnote 12:
" 12. One BPDG participant asked that "unauthorized
redistribution" should
be agreed not to include any redistribution that would be deemed "fair
use" of content that a consumer legitimately acquires. Several BPDG
participants observed that although the requirements would not impinge
upon copying of time-shift recordings, current content protection
technologies inevitably cannot accommodate all instances where
redistribution of DTV content (e.g., the retransmission of program
clips for educational purposes) might be fair use. Other participants
noted that debate or comment on application of fair use principles was
outside the scope of the BPDG. Some participants noted that, although
such fair use purposes might be met today by converting the signals to
analog and then back to digital form, it was their hope and
expectation that future, more sophisticated systems that implement
broadcast protection may better accommodate such fair uses."

Footnote same BPDG nonsense: more details at:
http://www.studioforrecording.org/mt/archive/000052.html
"4.12 Both proposals for section X.2 of the Compliance
and Robustness Requirements anticipate that an appropriate provision
will be crafted so as to exempt the requirements from applying to
products that are specifically intended for professional and broadcast
use (e.g., equipment used by studios, TV broadcasters, satellite and
cable operators)."

Tom





  • [Community_studios] FCC - broadcast flag, tom poe, 10/27/2003

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