HRRC Urges FCC To Preserve Consumer Rights In Considering Digital Broadcast Copy Protection

19-Dec-02

As the Federal Communications Commission (FCC) proceeds in its proposed rulemaking regarding digital broadcast copy protection, the Commission should ""seek to preserve the reasonable, customary, and legitimate expectations of consumers while seeking to balance the incremental demands of copyright proprietors,"" urged the Home Recording Rights Coalition (HRRC) in comments filed with the FCC. The HRRC provided its comments as part of the FCC's Notice of Proposed Rulemaking (NPRM) regarding digital broadcast copy protection.The HRRC emphasized that the concept of a ""flag,"" designed to curb the mass, anonymous redistribution of broadcast content over the Internet did not arise from ""concerns over what consumers might do on a customary basis. Nor is it aimed at constraining consumers' own use of their home networks."" The key question, states the HRRC, is whether the ancillary consequences of a ""broadcast flag"" are acceptable, ""in a political and business climate in which consumers' reasonable and customary home recording and fair use rights are under assault.""The challenge before the Commission, as the leadership of the House Energy and Commerce Committee made clear in its September 25, 2002 hearing, is to preserve consumer expectations while seeking to address the concerns of copyright proprietors.""The HRRC urged the FCC to keep in mind the historic and current importance of fair use to society as a whole, given its importance to the lives of the American public. The Coalition cited comments made by U.S. Representative Rick Boucher who recently introduced legislation reaffirming fair use rights. ""Fair Use is a pressure relief valve on what would otherwise be total monopoly control by the owner of a copyright over the use of the copyrighted material,"" stated Boucher.""Fair use, as it explicitly protects conduct that does not require the authorization of the proprietor, has been the conceptual bulwark for protecting consumers as technological advances make control over their home conduct increasingly possible,"" underscored the Coalition.At the same time, the HRRC noted that under the doctrine derived from U.S. Supreme Court's Betamax decision, fair use is but one of a number of possible substantial uses that may be non-infringing.In response to specific questions posed by the FCC in its NPRM, the HRRC argued that it is unlikely that the prospect of Internet redistribution by consumers has had any significant impact on the quality or quantity of digital or high-definition (HD) programming broadcast terrestrially. The Coalition noted that few consumers currently possess the combination of storage capacity and bandwidth to set up a server for digital programs of reasonable length and that motion pictures routinely are copied and placed on the Internet prior to or during their theatrical release. ""It is conceivable, however, that circumstances could change,"" the Coalition noted, ""and 'legacy' considerations could inhibit action at a later date. The FCC, however, should not base any action on claims of present (or feared future) effects of which there is no persuasive evidence.""As the Commission considers alternatives to the flag regime, it should reject any regime that calls for encryption of the programming upon broadcast, urged the HRRC. Such a regime would, ""strand the DTV and HDTV broadcast receiver products already in the hands of consumers, and the newer generations now on the way to market, and would remove the last non-licensed alternative for the right to acquire television broadcasts, after the return of the analog spectrum. This action would cross a conceptual threshold and undermine the rationale for our unique, national commitment to free, local terrestrial broadcasting.""With regard to setting criteria to evaluate protection technologies, the HRRC applauded the ""staff discussion draft"" regarding digital television, by the House Committee on Energy & Commerce staff, for promoting objective technical criteria and possible self-certification. The Coalition wrote that it also agrees with the formulation in the staff draft that the proper scope of protection should be ""to prevent the unauthorized distribution of marked digital terrestrial broadcast television content to the public over the Internet."" The Coalition noted, ""One of our core concerns is that the flexibility offered by new digital communications technology not be reserved for enjoyment only by content industries. Consumers' quiet enjoyment of digital products should include a reasonable expectation of sending content to second residences, vehicles, or close family members.""Finally, the HRRC addressed questions surrounding the FCC's jurisdiction in this matter. ""The HRRC believes that a final determination on the Commission's jurisdiction should be based on evaluation of all the Comments and Reply Comments that the Commission will receive not only on the question of jurisdiction itself, but also on other substantive issues,"" stated the Coalition.Further information on this and related issues can be found on the HRRC Web site, www.hrrc.org. The Home Recording Rights Coalition, founded in 1981, is a leading advocacy group for consumers' rights to use home electronics products for private, non-commercial purposes. The members of HRRC include consumers, retailers, manufacturers, and professional servicers of consumer electronics products.

Read More:
http://www.hrrc.org