You Have 48 Hours to Stop the Broadcast Flag

Electronic Frontier Foundation ^ | June 20, 2005 | Donna Wentworth

[Bobalu]

Rumor is afoot that Hollywood is taking another crack at the Broadcast Flag on Capitol Hill, this time by sneaking a Flag provision into an appropriations bill before the Senate.

If what we hear is true, the provision will be introduced before a subcommittee tomorrow and before the full appropriations committee on Thursday. That gives us 48 hours to stop it.

EFF's action alert, geared to people with senators on the committee, is here. Public Knowledge also provides a number of excellent talking points in an email urging readers to phone their senators:

* 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."

[EagleUSA]

We already have enough Constitutional issues with communications and speech, without an industry and their minions, trying to hijack our telecommunications and speech rights. The Hollywood execs, and their ilk, do not care one iota about our rights. Only their bank accounts, even if it means taking away MORE of our rights and free access.

It just never stops, does it ??

[pyx]

ping

[Brad’s Gramma]

If everyone would just STOP watching TV, going to the movies, and buying music for a couple of months....I think these bozo's would get the hint, wouldn't they?

OK. Fine. This is Hollywood. Six months?

[Dr.Hilarious]

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.

Gimme a break. I don't mind when people take stands on these things, but when they do the "It's for the chiiiiildren!" thing when what they're REALLY trying to do is make sure they can copy or use materials for their own use without paying more, I roll my eyes.

[Bobalu]

I love your tagline :-)

[basil]

I have already fulfilled your suggestions- The last movie I saw was "Titanic" (what a crashing bore!), I haven't watched TV since Jan, 2000 (except during 9-11, and "Shock and Awe",) and can't remember the last time I bought any music--but it was probably during Elvis's lifetime. (Thank goodness and JimRob for FR!)

What more can I do, Gramma?LOL!

[Texas_Jarhead]

"It just never stops, does it ??"

Nope. Defending freedom and liberty is a never ending, rarely easy task.

[Brad’s Gramma]

Uhhhhhhhhh.........


Spread the word? Darned if I know.

I just find it rather hilarious that the same people who call those bozo's Hollyweird....SUPPORT THEIR ACTIONS!

Sheesh.

[supercat]

What galls me is that the Hollywood types pushing for various forms of "protection" don't mind that many of them cause more harm to innocent users than to video pirates. For example, can anyone explain the logic of requiring DVD players to, when playing protected disks, garble their output using a scheme for which bypassing devices have been widely and inexpensively available for years? And for requiring computers to disable composite or S-video output of protected-disk playback unless the computer's hardware can add such goofy output garbling? What is the sense of requiring legitimate users to pay extra for hardware to implement "copy protection" which crooks can bypass for about $50 or less?

Frankly, I sometimes wonder if the Hollywood types aren't simply annoyed that anyone can watch their content at all, and wouldn't prefer to simply make DVD's so that they couldn't play at all (were it not for the fact that nobody would buy them).

[Windcatcher]

BTTT

[steve-b]

What galls me is that the Hollywood types pushing for various forms of "protection" don't mind that many of them cause more harm to innocent users than to video pirates.

What galls me is that a "Republican" Congress gives Hollywood lobbyists the time of day. Don't they know the first thing about rewarding your friends rather than your enemies?

[norraad]

..stop going to the movies,

..I think that one's working.

Ticket sale are so far down that theaters are raising the price again (smooth move, exlax, I'm sure that will bring them back).