Stupid idea #1: the "broadcast flag." For those who haven't been playing along, this is the Cartel's latest attempt to use the FCC to circumvent Betamax.

That is, the Cartel got the FCC to pass rules (a "mandate") forcing digital TV makers to produce equipment that places a code onto digital broadcast streams so that digital recorders can identify them and block recording. That is, recording that was legitimized by the Betamax decision. With us so far?

The FCC proposed such rules, got tons of negative comments, ignored the comments and passed the mandate anyway. This got consumer groups, civil libertarians, libraries, and other free-thinking commie pinko types up in arms. They filed suit claiming, among other things, that the rules were unlawful and moreover that the FCC doesn't even have jurisdiction to impose such rules.

Realizing which way the wind was blowing, the FCC tried for a stall by initiating an "internal review" of the rules. No guarantees they'd actually *do* anything, but it looks good and when peoples' attentions are elsewhere the rules can be put in place. With enough delay the rules would have gone into effect, TV makers would have retooled, and the flag would have become the standard by default no matter which way the court decision went.

Now the Federal Appeals court has said 'no' to this shell game, permitting the case against the FCC to move forward.

http://www.freepress.net/news/article.php?id=3709 ht
http://www.broadcastingcable.com/article/CA422598?display=Breaking+News (registration required)

Stupid idea #2: more DRM locks on digital audio disks. According to Borland's latest CNET piece more schemes are underway that would prevent disks (we can't really call them CDs) from being copied/burned. Primary players in this arena are Macrovision and SunnComm, both of whom are in bed with Microsoft to various degrees, so there will likely be at least some level of support in Windows and Windows Media Player for whatever the Cartel decides.

There's really not much new in this story. SunnComm's previous entry into this field was laughable - you could disable it by holding down the "shift" key when inserting the CD. I'm disappointed that Borland continues to buy into the Cartel's propaganda about CD copying being somehow linked to plummeting CD sales.

This time around, the Cartel seems to be showing at least a modicum of sensitivity to the notion that people want to make copies for play in multiple locations - the car, the summer home. The goal would be to allow one or a few copies to be made, then block others.

http://news.com.com/2100-1027-5224090.html

Posted by dr. wex at June 2, 2004 12:30 PM