Broadcast flag

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A broadcast flag is a set of status bits (or "flags") sent in the data stream of a digital television program that indicates whether or not it can be recorded, or if there are any restrictions on recorded content. Possible restrictions include inability to save an unencrypted digital program to a hard disk or other non-volatile storage, inability to make secondary copies of recorded content (in order to share or archive), forceful reduction of quality when recording (such as reducing high-definition video to the resolution of standard TVs), and inability to skip over commercials. In the United States, new television receivers using the ATSC standard were supposed to incorporate this functionality by July 1, 2005, but a federal court struck down the Federal Communications Commission's rule to this effect on May 6. The stated intention of the broadcast flag was to prevent copyright infringement, but many have asserted that broadcast flags interfere with the fair use rights of the viewing public.

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[edit] The FCC rule

Officially called "Digital Broadcast Television Redistribution Control," the FCC's rule is in 47 CFR 73.9002(b) and the following sections, stating in part: "No party shall sell or distribute in interstate commerce a Covered Demodulator Product that does not comply with the Demodulator Compliance Requirements and Demodulator Robustness Requirements." According to the rule, hardware must "actively thwart" piracy.

The rule's Demodulator Compliance Requirements insists that all HDTV demodulators must "listen" for the flag (or assume it to be present in all signals). Flagged content must be output only to "protected outputs" (such as DVI and HDMI ports with HDCP encryption), or in degraded form through analog outputs or digital outputs with visual resolution of 720x480 pixels (EDTV) or less. Flagged content may be recorded only by "authorized" methods, which may include tethering of recordings to a single device.

Since broadcast flags could be activated at any time, a viewer who often records a program might suddenly find that it is no longer possible to save their favorite show. This and other reasons lead many to see the flags as a direct affront to consumer rights.

Particularly troubling to open source developers are the Demodulator Robustness Requirements. Devices must be "robust" against user access or modifications so that someone could not easily alter it to ignore the broadcast flags that permit access to the full digital stream. Since open-source device drivers are by design user-modifiable, a PC TV tuner card with open-source drivers would not be "robust". It is unclear whether binary-only drivers would qualify. Projects could also be affected at the application level. In theory it would likely be illegal for open-source projects such as the MythTV project, which creates personal video recorder (PVR) software, to interface with digital television demodulators.

Some companies currently manufacturing devices, such as the pcHDTV devices intended for the Linux market, would likely be forced to halt production. This portion of the rule also effectively prevents individuals from building their own high-definition television sets and receiving devices. (It may seem far-fetched to a layman, but there have been many instances in the past where engineers have built their own analog TVs, and it follows that some people would wish to continue such pursuits in the digital age. The technologies used will most likely be centered around software-defined radio, fast ADCs and FPGA chips - tools with so generic use their availability can not be effectively restricted.)

The GNU Radio project already successfully demonstrated that purely software-based demodulators can exist and the hardware rule is not fully enforceable.

[edit] Current status

The United States Court of Appeals for the D.C. Circuit ruled that the FCC had exceeded its authority in creating this rule. The court stated that the Commission could not prohibit the manufacture of computer or video hardware without copy protection technology because the FCC only has authority to regulate communications, not devices that receive communications. It is possible that a higher court may overturn this ruling, or the United States Congress may grant such authority to the FCC. Some of the major U.S. television networks have stated in the past that they will stop broadcasting high-definition content if the rule does not go into effect.[citation needed]

[edit] Radio broadcast flag and RIAA

With the coming of digital radio, the recording industry is attempting to change the ground rules for copyright of songs played on radio. Currently, over the air (i.e. broadcast but not Internet) radio stations may play songs freely but RIAA wants Congress to insert a radio broadcast flag. On April 26, 2006, Congress held a hearing over the radio broadcast flag. Among the witnesses were musicians Anita Baker and Todd Rundgren.

[edit] DVB-CPCM

The Digital Video Broadcasting organization is developing DVB-CPCM which allows broadcasters far more control over the detailed functionality of receiving devices. The DVB standard is common in Europe (for satellite, terrestrial, and cable distribution), but is also employed in the United States by Dish Network. In Europe, entertainment companies are lobbying to legally mandate the use of DVB-CPCM in the next level of the controversial EU Copyright directive. Opponents fear that mandating DVB-CPCM will kill independent receiver manufacturers that use open source operating systems (e.g., Linux-based set-top boxes.)

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