FCC about to vote on broadcast flag

The EFF is calling for action on the FCC's upcoming decision on the broadcast flag. Here's a FAQ on the broadcast flag, but the short story is that if this passes, all new PVR hardware and software is subject to the approval of the Motion Picture Association of America before going to market in the US.

This means that a technology like TiVo, that customers enjoy but networks are afraid of, might not have ever been approved. It certainly means that things like cheap home theater PCs and software like SnapStream would likely not go to market, since they allow the direct recording of TV shows and movies into digital formats. The passing of the broadcast flag could put a stop to a lot of innovative things going on in the PVR space.

I'm sincerely hoping the FCC lets the market continue unhindered and will be writing a letter to share my point of view.

Comments

[Scott]

I'm out of the know and just a bit curious: How would the broadcast flag prevent a product like TiVo from being approved?

[Matt Haughey]

If you check out the FAQ, they explain that basically all Hollywood movies broadcast over HDTV would be encoded (the broadcast flag) that hardware (like TiVo) would need to decrypt. The problem with this idea is that the organization that controls Hollywood movies (the MPAA) would get to grant companies the power to decrypt these signals on a case-by-case basis.

Here's the relevant part:

Q: When the broadcast flag is implemented, can I record any TV program with my existing digital player/recorder and watch it later at more convenient time?

MPAA answer: Yes. If you own an early model digital player/recorder, you will be able to record and playback time-shifted digital recordings of flagged broadcasts. These digital recordings will also play on legacy DVD players. However, when Broadcast Flag-compliant DTV receivers are introduced in the marketplace, their recordings will only play on other compliant players and not on older (legacy) devices. Of course, you can still record and playback digital programs with any existing analog videocassettes recorders/players. The broadcast flag does not affect what you have been able to do in the analog world.

EFF comment: This answer confirms that "Compliant" devices produced under the BPDG-proposed rules are less capable than current-generation devices.

After seeing how stuff like MovieBeam works, it's not much of a stretch to envision a day where HDTV-recording TiVos would not be allowed to store an encrypted Hollywood movie for more than 24 hours. Or, if TiVo hacking was rampant, they may not be allowed to record any encrypted signals at all.

The future of PVR products is definitely at risk if the MPAA gets the FCC and Congress to pass these rules and require hardware and software vendors to retool their products to do less than what they do now.