Saturday, May 07, 2005

Federal Court Nixes Broadcast Flag

Good riddance to the idiotic broadcast flag that the FCC mandated in their 2003 ruling, with the backing of the entertainment industry. A Federal Appeals Court struck down the ruling, saying that the FCC overreached its authority.

I dislike the Broadcast Flag idea for many reasons. First, it drives up the cost of digital TV receivers by requiring that each device enforce digital rights management. Second, it tramples on fair use by disallowing the kind of copying and space-shifting that is specifically permitted by the so-called “Betamax Case”. Finally, it doesn’t even work, because the TV signal itself is not encrypted, leaving the enforcement of DRM up to the honesty of the receiver. Enthusiasts with PC-based HDTV tuners will easily bypass the measure.

The Broadcast Flag is yet another example of the paranoia that the entertainment industry has about any sort of copying device. The net effect of VCRs on movie sales has been positive, not negative. Ditto for cassette tapes and CD-Rs, and even DVD recorders. From personal experience, for each person who pirates media with their recorders, two more people are using their recorders to play legitimate media on a new machine, thus increasing the total demand of the media product. Piracy of TV shows due to the broadcast bit will rise, but popular shows will enjoy an even wider audience.