June 10, 2008 1:45 PM PDT

Movie industry taps FCC to change rules

by Marguerite Reardon
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The Motion Picture Association of America is looking to make a deal with the Federal Communications Commission to get the latest Hollywood movies on TV much sooner after their original release. But there's a catch.

In exchange for the faster release, the MPAA wants the FCC to change its rules to allow the industry to prevent these movies from being recorded on DVRs and viewed on some high-definition TVs.

The MPAA filed its petition last week. The FCC is currently asking for comments on the proposal, and it could make a decision on the petition later this summer.

Even though it looks like there could be some benefits for consumers under the MPAA proposal, I think it might be a wolf in sheep's clothing.

The MPAA states in its proposal that movie studios are interested in opening a new distribution channel through cable and satellite TV providers, which could offer new movies before they're available on DVD. This means that people at home will be able to see movies months earlier than they could under the current schedules.

Today it often takes studios three to four months before they release movies on DVDs. Sometimes the wait is longer for hit movies. And cable video-on-demand services typically get movies a month or so after the DVD release.

Of course, studios would likely charge a premium for delivering these early release HD movies at home, but it might be cheaper than taking the whole family to the theater.

But here's where the catch comes in. The MPAA says that this type of distribution increases the risk of piracy, which is already rampant thanks to high-speed broadband networks and file-sharing technology. In an attempt to discourage piracy, the MPAA has proposed that the FCC make an exception to a 2003 rule in order to allow the studios to block certain movies from being recorded by a DVR or viewed on certain high-definition TVs.

In technical terms, the MPAA wants to use "selectable output controls" or commands embedded in the programming that allows the industry to block recording capabilities, unilaterally turn off digital outputs deemed "unsafe," and degrade the quality of high-resolution signals coming out of analog outputs.That means it could turn off analog connectors to TVs and DVRs that use digital connectors. And it also means that it could disable connectors for some digital TVs that don't have copy protections.

In 2003 the agency, then under FCC Chairman Michael Powell, banned the use of these "selectable output controls," because it feared that some consumers would not be able to access high-definition content. The consumer electronics industry argued that consumers would be reluctant to buy high-definition digital TVs if they were unsure whether they'd have access to all content.

Satellite provider DirecTV filed its own petition during the original debate, arguing that without these controls it would be unable negotiate deals with studios for early access to premium content.

If I were advising the FCC, I'd say be careful. Changing these rules is a slippery slope. The MPAA says it's only asking for an exception to the rule for recently released movies, but movie release dates are changing anyway. And it's no secret the movie industry doesn't like home recording devices. Who's to say that the industry won't push the envelope and restrict more content from being recorded?

Marguerite Reardon has been a CNET News reporter since 2004, covering cell phone services, broadband, citywide Wi-Fi, the Net neutrality debate, as well as the ongoing consolidation of the phone companies. E-mail Maggie.
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by ve5cma June 10, 2008 2:26 PM PDT
Watch Out!!! This is the thin edge of the wedge. Soon hollywood will want to "reach out and touch" our DVRs.
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by contentcreator--2008 June 10, 2008 2:40 PM PDT
What a great way to thank "early adoptors" of HD technology such as myself --- just render all our HD TV sets junk. They already wondered why early adopters didn't rush to output-protected Blu-Ray etc. I guess it's a new kind of "economic stimulus" plan. We don't import enough stuff anyway.
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by Cooolone2 June 10, 2008 2:41 PM PDT
What happened to FAIR USE... they sell DVR's, the sell DVD's and the HD variant. If I purchase all of them then why the hell can I not use them? Moronic and over reaching... I should be able to COPY and STORE it for later viewing if I have PURCHASED it. Charge a little more for the ability to save it on another type of media and move on already. The Motion Picture Industry is chasing dollars as the Fifty's float away.
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by The Wiethoff June 10, 2008 2:55 PM PDT
Adding Restrictions to content, limitations to distribution and recording storage for your average home user makes piracy more popular not less.
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by JCPayne June 10, 2008 3:04 PM PDT
Did I read that correctly... They want to STOP the movies from being viewed on some HDTVs?

Quote: "In exchange for the faster release, the MPAA wants the FCC to change its rules to allow the industry to prevent these movies from being recorded on DVRs and viewed on some high-definition TVs."

That's not in the public interests. Let them go and slamm tar..... Send their deal out to sea....
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by Zen-Masta June 10, 2008 3:06 PM PDT
This is total BS. The only people they are going to discourage and frustrate are the NON pirates. My HD dvr already has encryption so it's not like I'm going to be able to copy it to my computer.
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by MadLyb June 10, 2008 3:17 PM PDT
If the FCC falls for this, then they are truly bigger idiots than I already think they are. This is just another avenue to shove the Broadcast Flag through.
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by aka_tripleB June 10, 2008 4:28 PM PDT
Broadcast flags already aren't enforcable because of court rulings, so this deal would be null-and-void before even being drawn up.

http://news.cnet.com/8301-10784_3-9954223-7.html?part=rss&subj=news&tag=2547-1_3-0-20

Read the 11th paragraph.
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by aka_tripleB June 10, 2008 6:28 PM PDT
Here's a link to an older C|Net article when the court first ruled against the FCC and broadcast flags. It has a link to a PDF file of the court ruling.
by aka_tripleB June 12, 2008 9:51 PM PDT
http://news.cnet.com/Court-yanks-down-FCCs-broadcast-flag/2100-1030_3-5697719.html?tag=item
by frankz00 June 10, 2008 6:33 PM PDT
Might as well pull another one over that dimwit, Kevin Martin. The NAB is having their way with him so the MPAA might as well too. The march to destroy satellite radio and DVR is ON!!! HOORAY FOR GUBMENT!!!
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by jrm125 June 11, 2008 5:35 AM PDT
No DVRs??????? They already have a ton of protection to prevent copying and few people, if any, do.

They can't be serious....

This better not render my $2k plasma unable to watch. I'll sue right there.
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by umbrae June 11, 2008 5:58 AM PDT
Sounds like the broadcast flag all over again. This would basically not allow me to watch or record any programming since I refuse to use digital cables.
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by brodie657 June 11, 2008 6:08 AM PDT
This is the dumbest thing I've ever heard of. What other company has a product, but then also tells you what you can and cant do with their product?

We will sell you a car for $2,000 less, but you cannot drive it over 75mph, on Sundays or near an open field.
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by brodie657 June 11, 2008 6:09 AM PDT
This is the dumbest thing I've ever heard of. What other company has a product, but then also tells you what you can and cant do with their product?

We will sell you a car for $2,000 less, but you cannot drive it over 75mph, on Sundays or near an open field.
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by chash360 June 11, 2008 1:42 PM PDT
Oh poor satellite companies, can't negotiate big money deals if they can't control the consumer product markets, wah wah wah. Oh poor hollywood, can't make gobs more obscene amounts of money selling *copies* of what they already made obscene amounts of money on in the theatres, if they can't control the consumer product market. Soon there will not be any products you can actually buy, it will all be services, and you will have to pay for the priviledge to open your eyes. Then they will want to charge by the photon falling upon your retina, of course they will offer 'free' versions, provided they can load it up with advertising (that they make gobs of money on), and monitor and track the consumers that look at it.
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by mectron June 11, 2008 3:12 PM PDT
Illegal Plain and Simple. The MPAA just prove once more, that the problems is THEM. Prevent studios from grouping into a multi-national crime syndicate (shutdown the MPAA), make any form of DRM illegal and force content provider to release at the same time (and at the same price planet wide) et presto, piracy level will drop to one digit. The MPAA (and sister in crime RIAA) is the most dangerous crminal orginisation in the world today. The MPAA/RIAA as destroyed more lives in the past 5 years then any terrorist organisation ever did. they must be stop NOW. The ONLY business model of MPAA members is to STEAL money any way they can. DRM as been proven useless 100% of the time. it does not work. it have never help curb piracy in any way and only force regular joe to pay over and over again (MPAA love to use DRM to steal money from them). Shutdown the MPAA (jail the owner for life for crimes agains humanty) and declare DRM illegal. it is the only way to end this madness.
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by benjaminstraight July 31, 2008 3:58 AM PDT
Hollywood again.
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