Charlie got a letter from me today.
Congressman Charles A. Gonzalez
B-124 Federal Building
727 East Durango
San Antonio, TX 78206-1286
Dear Congressman Gonzales,
You have currently endorsed legislation that supports rapid adoption of the "broadcast-flag" inclusion in DTV broadcasts. This is a huge mistake. Even if you don't support the fact that the FCC's own advisory panel voted 3-0 AGAINST incorporating such a flag way back in May of this year, you must look at all the facts.
In January 1984, the Supreme Court issued a landmark opinion in the Sony Corp v. Universal Studios case regarding home taping. It established the "fair-use" doctrine that most consumer electronics breakthroughs in the last 2 decades wouldn't be possible without. This includes the VHS recorders, CD-Recorders, The MiniDisc, DVD-Recorders, Consumer Camcorders, Tivo, iPods, I could go on forever with this.
Content providers should not be allowed to disable the recording of broadcasts on any media for private consumption. The MPAA claims this technology only disables distribution over non-private networks (I.E. the internet). The reality is, no such differentiating technology currently exists. Consumer devices will have to be "Broadcast-Flag" approved devices. Once this legislation is activated, you have opened Pandora's Box, and entrusted all decisions about content to a group of people who have no objective opinion about the value of content (specifically content that is THEIRS).
The MPAA fought to control the DVD format, alleging such a high quality format would mean the end to making money in theaters. Ultimately all the copy-protection measures they approved were later defeated, but still that format now is responsible for much of their success. "Seabiscuit" grossed 120 million in its full US distribution run in theatres. DVD sales of "Seabiscuit" in the first 30 days exceeded $115 million. Just another example of how things turned out differently than the MPAA thought.
Additionally, content providers should not be allowed to remove or disable content already authorized for recording after a period of time. We have seen this happen "accidentally" with Tivo users. Shows recorded to watch and share with family later mysteriously "disappeared" after a protoype flag claimed the right to watch them had expired. This technology WILL be abused, first by content providers, then by other agencies.
Imagine 4 years from now, after analog TV has been turned off and only DTV broadcasts are available. If a media event as significant as Kanye West's criticism of George Bush were to air, and people had it recorded, the network could immediately change the flag. Recorders (like tivo) could also modify the flag AFTER-THE-FACT to render the program unplayable almost immediately. This means "recorded-proof" of an event on TV will only exist if a small group of people deem it necessary. That type of censorship is very frightening.
Additionally, time-shifting is one of the modern conveniences that a majority of busy wage-earners enjoy. The control of that convenience belongs in the hands of consumers, most notably, consumers in your constituency of which I am a part.
I can only hope that you were originally misinformed on this issue, and that is why your endorsement was placed. Now that you understand more of the reality of such a slippery slope, I know you will make the only conscionable choice to remove your name and sponsorship of this measure.
Sincerely,
Mack Damon, Owner
Rhapsody Street Studios
B-124 Federal Building
727 East Durango
San Antonio, TX 78206-1286
Dear Congressman Gonzales,
You have currently endorsed legislation that supports rapid adoption of the "broadcast-flag" inclusion in DTV broadcasts. This is a huge mistake. Even if you don't support the fact that the FCC's own advisory panel voted 3-0 AGAINST incorporating such a flag way back in May of this year, you must look at all the facts.
In January 1984, the Supreme Court issued a landmark opinion in the Sony Corp v. Universal Studios case regarding home taping. It established the "fair-use" doctrine that most consumer electronics breakthroughs in the last 2 decades wouldn't be possible without. This includes the VHS recorders, CD-Recorders, The MiniDisc, DVD-Recorders, Consumer Camcorders, Tivo, iPods, I could go on forever with this.
Content providers should not be allowed to disable the recording of broadcasts on any media for private consumption. The MPAA claims this technology only disables distribution over non-private networks (I.E. the internet). The reality is, no such differentiating technology currently exists. Consumer devices will have to be "Broadcast-Flag" approved devices. Once this legislation is activated, you have opened Pandora's Box, and entrusted all decisions about content to a group of people who have no objective opinion about the value of content (specifically content that is THEIRS).
The MPAA fought to control the DVD format, alleging such a high quality format would mean the end to making money in theaters. Ultimately all the copy-protection measures they approved were later defeated, but still that format now is responsible for much of their success. "Seabiscuit" grossed 120 million in its full US distribution run in theatres. DVD sales of "Seabiscuit" in the first 30 days exceeded $115 million. Just another example of how things turned out differently than the MPAA thought.
Additionally, content providers should not be allowed to remove or disable content already authorized for recording after a period of time. We have seen this happen "accidentally" with Tivo users. Shows recorded to watch and share with family later mysteriously "disappeared" after a protoype flag claimed the right to watch them had expired. This technology WILL be abused, first by content providers, then by other agencies.
Imagine 4 years from now, after analog TV has been turned off and only DTV broadcasts are available. If a media event as significant as Kanye West's criticism of George Bush were to air, and people had it recorded, the network could immediately change the flag. Recorders (like tivo) could also modify the flag AFTER-THE-FACT to render the program unplayable almost immediately. This means "recorded-proof" of an event on TV will only exist if a small group of people deem it necessary. That type of censorship is very frightening.
Additionally, time-shifting is one of the modern conveniences that a majority of busy wage-earners enjoy. The control of that convenience belongs in the hands of consumers, most notably, consumers in your constituency of which I am a part.
I can only hope that you were originally misinformed on this issue, and that is why your endorsement was placed. Now that you understand more of the reality of such a slippery slope, I know you will make the only conscionable choice to remove your name and sponsorship of this measure.
Sincerely,
Mack Damon, Owner
Rhapsody Street Studios