HRRC Welcomes Death of ""Selectable Output Control""

20-Dec-02

Coalition Praises Proposal for ""Encoding Rules"" For Cable And Satellite Services And Will Urge Complete Ban On ""Downresolution"" Of ProgramsThe Home Recording Rights Coalition (HRRC) issued the following statement regarding the proposal jointly submitted by major cable multiple system operators (MSOs) and consumer electronics companies to the Federal Communications Commission (FCC) of ""Encoding Rules"" for cable and satellite services:""The HRRC strongly welcomes today's proposal. The proposed encoding rules would limit the use of copy protection technologies to preserve reasonable and customary home recording practices. The draft regulations also would ban 'Selectable Output Control' and would provide for at least a partial ban on the 'downresolution' of high-definition television (HDTV) signals in home devices. We urge the FCC to make this ban complete.""Ever since the Supreme Court's 'Betamax' decision, copyright owners have asserted that consumers have home recording rights only in the area of free broadcasts, and not in the area of cable and satellite services. The HRRC is pleased that the cable television industry has joined the consumer electronics industry in proposing that these rights be officially recognized in the realm of cable and satellite, and we hope that the FCC will act expeditiously on the joint recommendations for the benefit of consumers. ""We note that the encoding rules proposed today are generally similar to those in current law (Section 1201(k) of the Digital Millennium Copyright Act) that limit the use of anti-copy technologies in analog VCRs. In the case of digital cable and satellite programming, HRRC has long complained about potential cable license provisions that would force consumer devices to respond to electronic triggers for selectable output control and downresolution. Today HRRC welcomes their proposed elimination by the cable television industry, and calls on the motion picture and satellite television industries to join in this public policy recommendation to the FCC.""Selectable Output Control (SOC) is the remote signaling of home devices, to turn off particular analog and digital interfaces on a program-by-program basis. It would mean that a consumer who has purchased an HDTV display and pays for a set-top box or other device with an HDTV output still might not receive some HDTV programs he or she has paid for, because the interface between the set-top box and the HDTV display has, for purported copyright purposes, been turned off by remote control.""Downresolution (downres) is the remote signaling of home devices to degrade the quality of an HDTV signal--for both viewing and recording--out of concern that the signal might be recorded. It also could deprive consumers of use of the only HDTV-capable input on most of the four million HD-capable displays that have been sold to date.""HRRC has been joined by leading Members of Congress, such as Rep. Rick Boucher (D-Virginia), in criticizing the terms in a license agreement previously proffered by the cable industry that would impose selectable output control and downresolution obligations on home devices. In a letter earlier this year to Rep. Billy Tauzin (R-Louisiana), the Motion Picture Association of America appeared to back away from demands for selectable output control, but affirmed its continued interest in placing 'downresolution' obligations on home devices.""The model 'DFAST Technology' license recommended today to the FCC by the consumer electronics and cable industry representatives would enable new generations of competitive devices to work directly on digital cable systems. HRRC today applauds this model agreement because it would not require the licensed consumer electronics devices (DTV and HDTV receivers, video recorders, and set-top boxes) to respond either to SOC or to downres commands. However, because such commands could still be given to the 'set-top boxes' that are leased by cable operators or licensed by satellite operators, it is important that FCC regulations include a ban on use of the SOC and downres remote control triggers, as well. The draft regulations that were jointly recommended today by consumer electronics and cable leaders provide for an absolute ban on selectable output control. They leave the subject of downresolution in the hands of the FCC, but ban it outright in the case of free terrestrial broadcasts carried over cable or satellite.""In the coming months HRRC will work to persuade the FCC and the Congress that the ban on downresolution ought to be absolute, as well. With respect to copy protection, we note that the Encoding Rules recommended today would allow for future changes by the FCC, and for 'business models' that are not presently defined to be potentially subject to different rules. HRRC will remain vigilant in assuring that these 'change' processes do not result in denial of future consumer expectations and home recording rights. ""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. Further information on this and related issues can be found on the HRRC Web site at www.hrrc.org.

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