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Cybertelecom
Federal Internet Law & Policy
An Educational Project
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IP: DRM & Broadcast Flag |
"Digital television (DTV) is a new service representing a significant development
in television transmission technology. DTV can provide sharper pictures, a wider
screen, CD-quality sound, better color rendition, multiple video programming, and
a single program of high definition television (HDTV).
"Developing a protocol for transmitting and receiving digital television in a way
that accommodates competing interests of content providers (e.g., movie studios and
television networks) and consumers has proved challenging. Digital content can be
easily duplicated and distributed, especially with the aid of the Internet. Unlike other
types of content, duplication of digital information does not degrade the original. For
example, the quality of a program recorded on an analog VHS tape degrades after
successive copies, but content delivered through a DVD may be copied almost
infinitely with little to no effect on display and sound quality. It is due to the ease
and inexhaustible potential of copying digital media, coupled with the proliferation
of peer-to-peer file-sharing services, that content owners approach new DTV
technology with some trepidation.
"The broadcast flag was created as a possible solution to prevent users from
unlawfully manipulating or pirating DTV content. The “flag,” an encrypted tag
signal, is buried into a digital transmission. The flag is adaptable: it can create time restrictions on viewing, it can prevent copying, or it can block a person’s ability to
edit a transmission. The broadcast flag is a form of digital rights management, or
DRM.
"If implemented, a broadcast flag system is likely to require that all devices
receiving transmissions be flag compliant. Its potential use as an effective DRM for
DTV transmissions was advanced after the Federal Communications Commission
(FCC) determined that broadcast transmissions be digital by December 31, 2006."
CRS Report, Copyright Exemptions for Distance Education: 17 U.S.C. § 110(2), the Technology, Education, and Copyright Harmonization Act of 2002, p. 9-10 (July 6, 2006) |
Caselaw
Statements
Legislation
"Legislation introduced in the 109th Congress, S. 2686, the Communications, Consumer’s Choice, and Broadband Deployment Act of 2006, includes a provision that would grant the Federal Communications Commission (FCC) the authority to adopt regulations giving television broadcasters the right to use the broadcast flag in their digital transmissions. At the same time, however, the bill directs the FCC to issue regulations that would expressly permit the use of broadcast-flagged digital television transmissions by government bodies and accredited nonprofit educational institutions for distance education purposes under the TEACH Act." [CRS Report 2006]
Papers
- Michael Einhorn and Bill Rosenblatt, Peer-to-Peer Networking and Digital Rights Management, CATO (Feb. 17, 2005
- YOOKI PARK , Digital Rights Management and the Pricing of Digital Products, SSRN 12/7/2004
- Alessandro Acquisti,Darknets, DRM, and Trusted Computing: Economic Incentives for Platform Providers, TPRC 10/2/2004
- Jean Camp, DRM: Doesn't Really Mean Digital Copyright Management, Harvard Working Papers 3/8/2004
Links
- Repeating The Claim That DRM Enables Things Won't Make It True, Techdirt 4/27/2007
- Broadcast Flag Hidden in Telecom Bill, PK 6/21/2006
- Groups call for broadcast flag hearings, CNET 9/19/2005
- Groups call for broadcast flag hearings, PK 9/19/2005
- CDT Report Highlights Concerns About Broadcast Flag Regime, CDT 9/19/2005
- US judge approves Sony settlement, BBC 1/13/2006
- Spritzer Eyes Sony Action, IP Democracy 11/29/2005
- Lawsuits Mount Over Sony BMG Copyright Snafu, Information Week 11/22/2005
- Sony sued over controversial CDs, BBC 11/22/2005
- Texas AG sues Sony over CDs with anticopying software, CW 11/22/2005
- More Suits Filed; MediaMax Insecurity Remains, Freedom to Tinker 11/22/2005
- Sony Folds Tent, Recalls CDs, Wired 11/18/2005
- Even When Uninstalled, Sony's Rootkit Still Poses A Threat, Information Week 11/18/2005
- Sony: The rootkit of all evil?, USA Today 11/18/2005
- Sony-BMG Should Recall Infected CDs, Repair Damage Done, EFF 11/15/2005
- Sony Copy Protection Patch Can Crash Windows, Internet Week 11/8/2005
- CommDaily: MPAA May Not Seek Broadcast Flag in DTV Bill, EFF 6/3/2005
- FCC's broadcast flag: It's back?, CNET 5/13/2005
- U.S. agency loses case in piracy battle, IHT 5/10/2005
- TV Limits Copies, PC World 5/3/2005
- Broadcast flag -- We're Here, Susan Crawford 4/5/2005
- Cryptographers to Hollywood: prepare to fail on DRM, Register 2/18/2005
- FCC is taking wrong turn on digital media, CNET 4/14/2004
- Broadcast Flags Scorned By Silicon Valley, Internet News 3/18/2004
- Consumers challenge FCC antipiracy rules, CNET 3/11/2004
- Broadcast Flag Kills Sharing Dead, Wired 3/11/2004
- DRM: A Question Of Balance, Network Mag 12/19/2003
- US acts on digital TV piracy fear, BBC 11/5/2003
- FCC moves to squash digital TV piracy online, CNET 11/5/2003
- FCC Endorses Built-In Copy Controls, PC World 11/5/2003
- FCC Acts Against Pirating of TV Broadcasts, NYTimes 11/5/2003
- FCC Approves Internet Anti-Piracy Tool, Guardian 11/5/2003
- FCC Hoists Digital Anti-Piracy Flag, Newsfactor 11/5/2003
- Waving The Flag For Hollywood, Wash Post 11/5/2003
- FCC Adopts Anti-Piracy Protection For Digital TV., FCC 11/5/2003
- New FCC rules to target HDTV piracy, Mercury 10/31/2003
- A Case of Piracy Overkill?, Wired 10/27/2003
- Allan Friedman, Roshan Baliga, Deb Dasgupta, Anna Dreyer , Underlying Motivations in the Broadcast Flag Debate, TPRC 9/13/03
- Julie Cohen, DRM and Privacy, SSRN 2/28/03
- Congress questions FCC copyright plan, CNET 3/7/03
- FCC Media Bureau Chief Kenneth Ferree's Written Statement on Copyright Piracy Prevention and the Broadcast Flag., FCC 3/7/03
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