Microsoft confirms Windows adheres to broadcast flag

Microsoft has acknowledged that Windows Media Centers will block users from recording TV shows at the request of a broadcaster.

"Microsoft included technologies in Windows based on rules set forth by the (Federal Communications Commission)," a Microsoft spokeswoman wrote in an e-mail to CNET News.com. "As part of these regulations, Windows Media Center fully adheres to the flags used by broadcasters and content owners to determine how their content is distributed and consumed."

The software company was responding to questions about why some users of Windows Vista Media Center were prevented from recording NBC Universal TV shows, American Gladiator and Medium on Monday night.

The "rules," in which the spokeswoman is apparently referring to are those proposed by the FCC, which would require software and hardware makers honor "broadcast flags." The flags are code that broadcasters can insert into the data stream of TV shows that typically require restrictions on the recording of the shows. What she didn't say is that the "rules" aren't rules at all.

The courts struck down the FCC's proposal in 2005, saying the regulator lacked the authority to tell electronics makers how to interpret the signals they receive. Since then, Microsoft and other manufacturers have retained the option of whether to honor the flags.

News that the world's largest software maker has voluntarily agreed to help broadcasters control the recording of their shows is bound to outrage enthusiasts of digital video recorders, as it represents the biggest threat to the practice known as time shifting since the FCC's attempt to require flag adherence.

"Microsoft has put the requirements of broadcasters above what consumers want," said Danny O'Brien, a staffer at the Electronic Frontier Foundation, an advocacy group for Internet users that is looking into Monday's block. "They've imposed restrictions way beyond what the law requires. Customers need to know who Microsoft is listening to and how that affects their equipment. Right now, the only way customers know what Microsoft has agreed to is when the technology they've bought suddenly stops working. Microsoft needs to come clean and tell its customers what deals it has made."

The question of whether NBC Universal issued a flag for American Gladiator has yet to be answered. The network said last week that it needed time to look into the matter. Microsoft's spokeswoman did not offer any information on whether NBC Universal activated a flag. The software company did, however, inform us that accidents do happen.

"In some cases content may be incorrectly flagged in the actual broadcast, which may affect the consumer's TV experience," Microsoft's spokeswoman wrote. "The success of the entire distribution chain is dependent on all involved maintaining the necessary checks and quality control so that coding is correctly applied thereby avoiding any unexpected outcome."

[eBob1]

This is exactly why I will not buy or use Windows Media Center. The fact that the source code is not open should tell people that it isn't trustworthy.

[Mr. Dee]

Thats perfectly ok. But still understand that Windows is a proprietary operating system, not Linux. There is no other OS that delivers the same level of compatibility and integration. Unless you are willing to pay the Apple Design Tax, then you should be just fine.

[Travis Ernst]

"Since then, Microsoft and other manufacturers have retained the option of whether to honor the flags."...

Thankfully I don't use that, however if MS uses a similar setup to what others are there is a very easy way around this, line in option. Thats under the presumption the person has an external tuner and the MS device can take line in. I've used line in to port in other sources, even antenna and it works like a charm. I'll have to test mine this week and see if they are effected by NBC as well or if it is only MS.

[bjcamus]

Microsoft's capricious dictates coupled with Ubuntu's easy installation have led me to finally make the shift to Linux about 9 months ago. Thanks for reaffirming my decision.

[cb3431]

I would do the same thing if I were in charge at Microsoft. The content owners aren't going to come after you for recording the show, they are going to go after Microsoft.

[clpdan]

Just another reason why it's time to dump Windows.

[MTGrizzly]

As someone who watches virtually no broadcast TV - everything comes through my DishNetwork DVR - I find MS's actions reprehensible. I would be willing to bet that a great many people watch TV the way I do. I would imagine that many of us will not buy Windows Media Center. This is just what MS needs as they fall further and further behind on the online curve. I guess, since their online division lost hundreds of millions of dollars last year they feel that they can only make money by bowing to content providers - once again, screwing their customers...

Windows is the only product that is intentionally made to not do what you bought it for.

One wonders, since recording and time shifting has been legal for decades, would it be a violation of the DMCA to defeat the "flagging" "feature" in WMC? You know it will happen, or has happened, that someone will defeat this latest form of copy protection. On the other hand, maybe Microsoft just enjoys pissing off their customers by preventing them from doing something that is entirely legal.

Oh, and to the comment on "Apple Design Tax," I sit here surrounded by PC's running everything from Win 98SE to Vista Home Premium; Silicon Graphics machines running IRIX, Sun workstations running Solaris and a few Macs. If Apple's ability to make their software and hardware work together at a reasonable price constitutes a "design tax," then SGI and Sun have "taxes" for the same thing. If they wanted to sell something that might work, (and which is being continually made less compatible), they could do what Microsoft and the PC market have done.

[Imalittleteapot]

From what I know it isn't really copy protection in encryption sense. It isn't something that needs to be hacked. The design, or least the original design, was pretty simple. It may be a few bits set in a digital stream that get lost when you make an analog recording. You'd lose the quality of digital in your recording however. It may also be a watermark in an analog signal. A digital water mark is simply a slight interference in the signal that doesn't interfere enough so that a human could see or hear it, but a computer can still pick it up.

For a simpler example an mp3 may contain a high pitch frequency that a human couldn't hear, but the computer can still pick them up. That way even an analog duplication may still contain the water mark.

Either method they're using are already known by hackers. Both type of flags are easily removed from content.

Basically the signal is still the same. You don't have to hack it or decrypt it any different from what I've heard. All that happens is when the computer or recorder picks up the flag it simply refuses to play or record it. The device is perfectly capable of using the signal. The programmer just put code in that causes the device to tell you to screw yourself if it reads a flag. That's all. You can hack it by simply building a device or program that simply ignores the flag.

There may be different classes of flags too. Media Center may detect a flag that says it's alright to watch the signal but not record it, or you can't watch or record it, or you can only watch it on Thursdays if you do record it. Who knows what types of flags it listens for.

[Mallardd]

MythTV is a great solution to this "problem"

[Imalittleteapot]

From what I know it isn't really copy protection in encryption sense. It isn't something that needs to be hacked. The design, or least the original design, was pretty simple. It may be a few bits set in a digital stream that get lost when you make an analog recording. You'd lose the quality of digital in your recording however. It may also be a watermark in an analog signal. A digital water mark is simply a slight interference in the signal that doesn't interfere enough so that a human could see or hear it, but a computer can still pick it up.

For a simpler example an mp3 may contain a high pitch frequency that a human couldn't hear, but the computer can still pick them up. That way even an analog duplication may still contain the water mark.

Either method they're using are already known by hackers. Both type of flags are easily removed from content.

Basically the signal is still the same. You don't have to hack it or decrypt it any different from what I've heard. All that happens is when the computer or recorder picks up the flag it simply refuses to play or record it. The device is perfectly capable of using the signal. The programmer just put code in that causes the device to tell you to screw yourself if it reads a flag. That's all. You can hack it by simply building a device or program that simply ignores the flag.

There may be different classes of flags too. Media Center may detect a flag that says it's alright to watch the signal but not record it, or you can't watch or record it, or you can only watch it on Thursdays if you do record it. Who knows what types of flags it listens for.

[dgiamanco]

Would this restriction imposed by Microsoft be similar to the situation when you try and record HBO content, but get a DRM'ed file? I have experienced many issues where HBO content will not play on a media center extender, a 360 to be exact, and the content will not burn to dvd like other recording from other stations.

[ewelch]

This is Microsoft trying to set itself apart as the harbinger of DRM. Once they get control of it, all other operating systems will be shut out. Don't let it happen!

[AppleSuxLeo]

Didn`t affect my ATI HDTV Wonder as it was built before the hardware was required to be "broadcast-flag" compliant. And the over-the-air picture is the Gold Standard.

[JCPayne]

Same problem as the ZUNE all over again.... If you buy it and Microsoft deletes all your Simpsons episodes for example don't come on here crying 5 years from now saying waaaaah! Because you have a chance to speak with your $$$ and your feet.

[umbrae]

Between this and WMP refusing to play certain content on my monitor are reasons why MS will fail in the media arena. No sense using a product like this when you will not have this problem with MANY OTHER FREE alternatives.

Adhering to an unconstitutional "rule" which is not law and adversely affecting consumers is a bad move. As if Vista doesn't have enough problems.

[thedreaming]

So basically Windows Media Center is paying attention to flags set by the broadcaster which they are not supposed to use since they don't have the right and that everyone else just ignores? Okay....

[Vegaman_Dan]

FEDERAL COMMUNICATIONS COMMISSION SAID TO DO IT

Now whether or not they have the right currently to make it stick is simply a matter of a judge's decision and that can come pro or con regarding this situation. Given the pressure that the FCC has been bringing to bear on all the OEM's of late, it makes sense to prepare for the inevitibl and not stick our fingers in our ears shouting 'lalalaalaalalalala' like so many of the people here are wont to do.

Remember, this isn't Microsoft pushing for this, this is your United States Government. Don't like it? Don't tell Apple, Microsoft, Redhat, Tivo, DSN, etc. Tell your Representative or Congressman. Get involved, don't sit on the sidelines and let this happen to you without your input.

[stlwest]

If the FCC overstepped it's mandate then Microsoft should remove this flagging system from their software. Period.

[ArbitraryThinker]

I have been a Windows Media Center owner and a huge advocate for the last few years. I upgraded to Vista after it came out and was very impressed. Until I started getting this DRM lock out problem. It is now hitting the news because it impacted a prime-time NBC broadcast. The reality is DirecTv based TNT and IFC have been doing this for quite some time.

This is unfortunate, because if Microsoft does not fix this very quickly and very publicly it is the end of Windows Media Center. What person would go out today and purchase a new Media Center PC knowing that the DRM features step far beyond the legal boundaries they are required to comply?