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MPAA Wants To Prevent Recording Movies On DVRs

Posted by timothy on Sun Jun 15, 2008 06:43 AM
from the please-don't-call-this-a-free-market dept.
I_am_Rambi writes "At the request of theatrical film makers, the Federal Communications Commission on Friday quietly launched a proceeding on whether to let video program distributors remotely block consumers from recording recently released movies on their DVRs. The technology that does this is called Selectable Output Control (SOC), but the FCC restricts its use. The Motion Picture Association of America (MPAA) wants a waiver on that restriction in the case of high-definition movies broadcast prior to their release as DVDs." The FCC is soliciting comments until June 25th.
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  • by dreamchaser (49529) on Sunday June 15 2008, @06:45AM (#23799213) Homepage Journal
    If I can watch it, I can record it. There will always be a way to do so. They can try to use the laws and technology to stop me, but they will lose in the end.
    • Re: (Score:3, Insightful)

      They simply want enough people not being able to record. Probably wont work in the long run. A whole generation has grown up with 160GB ipods

      (well, not grown up but they have them now)
      G
      • by dreamchaser (49529) on Sunday June 15 2008, @06:48AM (#23799229) Homepage Journal
        They simply want enough people not being able to record.

        Yes, and they also want to make people into criminals for exercising Fair Use rights so they can continue to reap huge margins on plastic discs.
        • Yes, and they also want to make people into criminals for exercising Fair Use rights

          And a pony.
      • by Naughty Bob (1004174) * on Sunday June 15 2008, @06:55AM (#23799269)

        They simply want enough people not being able to record. Probably wont work in the long run.
        It's an interesting strategy, stop people recording shit by forcing the poor blighters to download it all months in advance... Genius.
        • by aurispector (530273) on Sunday June 15 2008, @07:12AM (#23799343)
          Funny, isn't it? If you like it you'll buy it - that's what I do. If I can't watch it, I won't know that I like it.
          • by Opportunist (166417) on Sunday June 15 2008, @07:23AM (#23799383)
            Given the quality of recently released movies, I'd say that's part of the strategy...
            • Re: (Score:3, Funny)

              by Anonymous Coward
              Somebody mod parent +1 GetOffMyLawn
          • by Naughty Bob (1004174) * on Sunday June 15 2008, @07:23AM (#23799385)
            Exactly, I spend more on music now than I ever have done, precisely because of the vastly increased exposure to it bittorrent has enabled. I used to wish the entertainment industry would wake up to this reality.

            Now I realise that that, from now on in, it can only impede my access to artists, and their access to my cash.
            • by Dan541 (1032000) <<Dan> <at> <danscomp.net>> on Sunday June 15 2008, @08:29AM (#23799735)

              Now I realise that that, from now on in, it can only impede my access to artists, and their access to my cash.
              I gave up trying to do the right thing long ago.
              I learned that the studios are only interested in playing underhanded so Im not giving them the money to file lawsuits.

              http://thepiratebay.org/ [thepiratebay.org]
            • Re: (Score:3, Interesting)

              by Anonymous Coward
              I wonder how many people spend less, because they don't have to, now. I'll be honest, I don't spend more now than I did before I downloaded music. I already have it, why would I get it again?
              • by digitig (1056110) on Sunday June 15 2008, @09:56AM (#23800301)
                I spend more, but most of what I spend is at gigs and festivals, and is mainly on obscure and often unsigned artists, and I usually put the cash directly in the artists hand. I don't have any illegal downloads but there are other ways to cut out the big companies.
            • Likewise not and not (Score:5, Interesting)

              by mkcmkc (197982) on Sunday June 15 2008, @09:53AM (#23800269)

              Exactly, I spend more on music now than I ever have done, precisely because of the vastly increased exposure to it bittorrent has enabled.
              Although I abhor the RIAA's tactics, I decided several years ago that I could not put myself at risk from extortion at their hand, so I stopped Napstering altogether. Not surprisingly, my CD purchases have simultaneously dropped from hundreds per year to one or two.

              Ironically, in the RIAA's analysis of the situation, I must almost certainly be accounted as someone who's stopped buying CD's because of illegal downloading, when in fact it is directly due to the actions of the recording industry itself.

        • by jamesh (87723) on Sunday June 15 2008, @07:27AM (#23799413)
          Same deal with copy protection on games. Only the people who buy the product legally have to suffer with it (was it Red Alert 2 that came with copy protection that just didn't work on a significant number of CD drives?). The only people they'll really piss off are their customers.
          • by k33l0r (808028) on Sunday June 15 2008, @08:14AM (#23799643) Homepage Journal

            Same deal with copy protection on games. Only the people who buy the product legally have to suffer with it [...] The only people they'll really piss off are their customers.

            Hear, hear. Copy protection is the reason why I can't play The Battle for Middle-Earth II on my Vista pc, the damn game can't see the legitimate CD through the WinXP compatibility mode.

            Has copy protection stopped pirate games? No.
            Has DRM stopped downloading? No.
            Such measures just punish the folks who actually pay for their content...

            • by pwizard2 (920421) on Sunday June 15 2008, @10:20AM (#23800467)

              Copy protection is the reason why I can't play The Battle for Middle-Earth II on my Vista pc,
              Have you tried gamecopyworld.com? They have fixed no-cd-check exes and other patches for problems like that.
      • by dreamchaser (49529) on Sunday June 15 2008, @07:36AM (#23799473) Homepage Journal
        The you're doing it wrong. There is *always* going to be a way to record anything you watch. I didn't say you could use your cable company's crippled DVR system to do so. You just have the wrong tools.
          • Re: (Score:3, Insightful)

            What part of I didn't say you could do it with THEIR equipment don't you get? I didn't say EVERYONE would be able to record whatever they see, but any well motivated geek not above making a home brew solution can get around any copy/record protection eventually.

            I also didn't say it would be cost effective or that it wouldn't be time consuming. I just said that where there is a will there is a way.

            I'm not the naive one here.
        • I don't abide even to the "do not bring your own popcorn" rules.
          Why stop at popcorn? I bring my own Hibachi grill, a bag of charcoal, and a couple of nice racks baby back ribs. By the time the trailers are over, the ribs are nicely done and I can enjoy my meal with a few frosty beers while I watch the feature.
        • Informative??? (Score:3, Informative)

          No, he's not informative. He's just plain wrong.

          A theater is not a government, the search warrant nonsense is just that, nonsense.

          He wouldn't have a leg to stand on in a court challenge, either.

          In fact, if there were a clearly posted "no outside food or beverages" sign along with another about "backpacks subject to search," he would have no entitlement to a refund when he refused to comply with the terms.

          If he were to take this to court, he would either be representing himself or using a lawyer so incompet
          • Re:Informative??? (Score:5, Informative)

            by Free the Cowards (1280296) on Sunday June 15 2008, @11:26AM (#23800937)
            Technically he's not wrong about the warrant. They can't force him to let them look inside. However what they can do is tell him that he either lets them look or he leaves.

            The only thing a private property owner can force you to do is leave. However because of that, they can put almost any condition they like on your continued presence. The only exceptions are for things like racial discrimination.

            If a store or other place of business wants to inspect all of your bags before they let you in, that is entirely within their rights. Note that if they want to inspect everything before you leave then they have essentially no way to enforce this, since you're leaving anyway. But if the movie theater says that as a condition of entering their business and seeing their movie, you will submit all bags to a search, you will wear a large floppy purple hat, and you will dance about singing Amazing Grace, then your choice is to do this or leave.
  • by Froeschle (943753) on Sunday June 15 2008, @06:53AM (#23799255)
    then you can record it. Software such as Mythtv makes it possible, until of course the TV cards somehow become so functionally disabled that they refuse to work with Linux. oh wait..
    • by Lumpy (12016) on Sunday June 15 2008, @07:25AM (#23799403) Homepage
      the recording cards work great. Cable TV simply encrypts everything so your recording card will not work. In fact they do that now. locally here all you can get is the 3 locals unencrypted.

      Honestly the FCC needs to get some balls and FORCE cable companies to have all the channels available UNENCRYPTED. but it will never happen.

      Digital TV is a step backwards. Quality sucks because they compress it hard. plus they remove your ability to record it or use anything advanced to watch it. you have to use that piece of crap cable box of theirs.
      • Re: (Score:3, Interesting)

        but encryption is also how they keep people from getting channels they aren't paying for. I have no problem with them encrypting the channels. What would be better is if they had a standard algorithm for encryption, so it can be implemented by third parties. That way they can provide you with the key after you pay for it. Still a fair deal since you can then implement your own software. They assure that casual piracy is eliminated and thus protect their basic interests. Unless you want to eliminate th
      • Re: (Score:3, Insightful)

        Digital TV is a step backwards. Quality sucks because they compress it hard. plus they remove your ability to record it or use anything advanced to watch it. you have to use that piece of crap cable box of theirs.

        It is also why today I still don't have digital TV. I have the old style analog. In fact, the only reason I have cable TV is for the internet. They have sent me tons of offers, but I do not intend to change. Even to the point when analog is dead, I figure Internet TV will bloom and I can skip digital TV all together.... or in a least for cable.

        I might retire sometime in the next few years to my country home, if I do, I need satellite Internet more than TV. My favorite show is on the Internet, I can

      • by teebob21 (947095) on Sunday June 15 2008, @10:50AM (#23800663) Journal
        Fortuantely for the parent, there is no -1, Wrong moderation option.

        The cable companies do not encrypt the digital stream unless the channel is on a pay tier, or the content provider mandates it. My employer had been carrying ESPN HD, Discovery HD, History HD, and a few other national channels in the clear for almost a year. Contract renegotiations have come up, and those channels now must be encrypted for us to retain the rights to carry them. As a result, the cable co looks like the bad guy when we must tell our subs that they now must lease a converter box or CableCard to decrypt the channels we previously could send in the clear.

        In regards to being forced into using the company's cable box, the FCC has mandated this to be illegal. Simply go down to your local electronics store and pickup a CableCard enabled converter...which according to the FCC, should be available nationwide. Oh wait...no manufacturer has started making them in the last 3 years. Go FCC! There's always TiVo, I suppose...
  • draconian bulloni! (Score:4, Insightful)

    by FudRucker (866063) on Sunday June 15 2008, @06:54AM (#23799259)
    Thanks to the MPAA & RIAA I no longer spend any money on music or movies. I use an AM/FM radio for music and if I watch a movie it is something old on basic cable. You will never see me with music CDs or movies on DVD at the checkout line at the store, if i ever buy anything like that it will have to be at some yard sale or pawn shop for pennies on the dollar...

    Vote with your wallet!
    • by retech (1228598) on Sunday June 15 2008, @07:35AM (#23799455)
      In '97 a friend of mine was offered a recording contract by Sony. It was a 1000+ page tome. He read it over for 3 months and told them to piss off. After Sony was said and done with them they'd have gotten about 1.3 cents a song per album sale. Unless the artist(s) directly produce it themselves I have not purchased an album since that point in time. I never will again either.
      • by ruin20 (1242396) on Sunday June 15 2008, @10:03AM (#23800329)
        Courtney Love [salon.com] gives a much more accurate account for how the racket works. All these "BIG" record deals aren't that "BIG" at all because typically the advance given the band is not just payment to the members, but also supposed to cover production expenses. In other words record company gives you 1.3 million and you go to the recording studio, art studio, and post possessing guys and give 1 million back to the record studio and you're left with 300,000 with which you pay the manager and the artist, making it a 5 or 6 way split. That's 50 grand a piece. And then you never see a penny from your album because that 1.3 million was an advance. Thats why going gold, silver and platinum are such big deals, because they're when the artist starts actually seeing 1.3 cents per song.
      • Re: (Score:3, Informative)

        It depends on the bands outlook. I once heard Pete "Memory" Banks of 80s band After The Fire comment that they had a great time on expenses that were "reclaimable but not recoverable" (if I've got the term right) by the company. That means that the record company gets all profits from album sales until those expenses are paid off, but they can't go after the band for the money. So the band didn't come out of the deal with an income stream, but they came out with memories of good times on expenses. Sure, the
    • Re: (Score:3, Insightful)

      >Thanks to the MPAA & RIAA I no longer spend any money on music or movies. I use an AM/FM radio for music and if I watch a movie it is something old on basic cable. You will never see me with music CDs or movies on DVD at the checkout line at the store, if i ever buy anything like that it will have to be at some yard sale or pawn shop for pennies on the dollar...

      The MPAA dosn't have a column in their spreadsheet for people like you.

      They just put you in the "stopped buying due to piracy" column, to sh
    • Re: (Score:3, Insightful)

      Voting with your wallet doesn't seem to send the right message across. We all vote "Screw you *AA! I'm not giving you any of my money" and they just take it as "all of our customers are just downloading everything illegally now." . . . I agree with capitalism, but by not buying it you could either mean "I hate the *AA", or "This music sucks" or "I'm just gonna download it illegally" or "I'll by it used" or...

      The *AA is just going to pick the reason as they see fit. And so far they only think that illegal do
  • by mangu (126918) on Sunday June 15 2008, @07:07AM (#23799317)
    There used to be a certain schedule for films. First they were shown at theaters. Then, a few months after, they were released in VHS. Broadcasting started only a year or so after theater release.


    It seems that the MPAA is trying to maximize their profit, at the expense of the public in general. We are stuck with technical hassle just because the MPAA wants to use government regulation instead of logical market forces to prevent unauthorized copying.

    • Re: (Score:3, Interesting)

      Precisely. They want their cake, and to eat it too. Unfortunately, they couldn't stop if they even wanted to: they're legally obligated to try to maximize profits. If they stopped, shrugged and said 'DVR wins', their member companies' shareholders would be filing lawsuits in an instant.

      Unfortunately under this kind of economic regime, 'consumer' means less 'one who eats' and much more 'one who must be force-fed'.

  • by SethJohnson (112166) on Sunday June 15 2008, @07:10AM (#23799327) Homepage Journal


    Using the link in the post, the FCC website tells me "CSR-7947-Z" isn't open for comments. DOes anyone know how to submit comments successfully on this proceeding?

    Seth
    • Re: (Score:3, Informative)

      The correct code to use for comments is: 08-82

      Please, when posting something like this, it would be helpful to have all the correct information in the summary to begin with (thanks).
  • by nurb432 (527695) on Sunday June 15 2008, @07:42AM (#23799503) Homepage Journal
    What they all want is a way to prevent possession of any content, and you have to lease it from them per use for the rest of your life..

  • by Holistic Missile (976980) on Sunday June 15 2008, @07:44AM (#23799509)
    In the Chicago area, Comcast blocks some content from recording. Many of the on-demand movies and some of the premium channel programming cannot be recorded by a standard DVR. This is on digital cable in standard definition, using an off-the-shelf Philips DVR (not Comcast's).

    My DVR will buffer these programs, allowing rewind, pause, etc. If I try to record it to the hard drive it refuses to, giving a message of 'protected'. I'm not sure exactly how they do it - I always thought they may be broadcasting Macrovision codes with the signal.

    I suppose it could be hacked by a hardware hack like removing the hard drive and collecting the movie from the buffer, but nothing that is being broadcast is worth the effort! It's bad enough that I waste time sitting in front of the tube viewing this 'high value content'. I'm sure as hell not wasting more time trying to copy it. It is nearly summer here - there are much better things to do most days.
  • by sweede (563231) on Sunday June 15 2008, @07:59AM (#23799571)
    If anyone had actually read the article, you'll find out that currently Movies are NOT released to TV (pay per view or other) before they're released to DVD. the MPAA wants to change that so that they are shown on TV (PPV or other) AS or BEFORE the DVD release. But before it changes that time schedule, it wants to know if the FCC will create a ruling that would prevent DVR to able to record the movie BEFORE its released to DVD.

    So in other words

    Theater -> DVD -> TV , won't have the non-record flag set
    Theater -> TV -> DVD WILL have the non-record flag set until AFTER it's released on DVD.

    • by the_B0fh (208483) on Sunday June 15 2008, @08:14AM (#23799645) Homepage
      And you think it's only going to be limited in this case, right? Just like all those anti-terrorism laws will only be strictly restricted to fighting terrorists. Really, you can trust us, we are the government.
    • Re: (Score:3, Interesting)

      it wants to know if the FCC will create a ruling that would prevent DVR to able to record the movie BEFORE its released to DVD

      Is the FCC a higher court than the Supreme Court? Maybe the FCC can also overrule the Supreme Court Beta Max case which ruled consumers have a right to record and time shift content with their VCRs.

      This is a fishing expedition for retroactive immunity from the massive civil liability damages the cable companies will be accumulating, if not disabling sold DVRECORDERS isn't considered criminal fraud. If it does end up being considered criminal fraud, remember to confiscate the personal assets of the executiv

  • by Kjella (173770) on Sunday June 15 2008, @08:15AM (#23799659) Homepage
    ...is this the "We will prevent piracy by making our product even more crippled for our legitimate customers, though the online pirates will be remain unaffected" strategy? Don't forget that recording and timeshifting is what most people consider fair, not as piracy. "Oh hello uncle Jim, wasn't expecting you. I was just watching a movie, let me just put it on record." or "Oh, you can't tonight? What about tomorrow night? Ok cool, I'll put it on record and we can watch it together tomorrow". I guess TPB must love these laws: "Yeah well, I had to download it from TPB because my stupid DVR wouldn't let me record it".

    In every other kind of industry, I associate "pirates" either with counterfeits or cheap look-a-likes that are vastly inferior to the real product, the kind that street salesmen will sell tourists at a few bucks a piece. Since a digital copy is a perfect copy, I guess digital piracy will be equal. But when pirated goods start looking better and better, so you pay for the privilidge of using and inferior product and the feelgood of being legal, then there's something very, very wrong.
  • Lotta "if's" (Score:5, Insightful)

    by Stanislav_J (947290) on Sunday June 15 2008, @08:49AM (#23799875)

    IF this technology is used to restrict recording for a LIMITED period of time, until the initial theatrical release has run its course and they have milked the initial profits off the DVD release, THEN I would not have a serious problem with it. After all, unless you are one of those folks that MUST see a new movie as soon as it comes out, you can wait a little while. And even with the restriction, you could still WATCH the flick and even pause/rewind/etc. the thing -- you just wouldn't be able to dump it to a permanent source (disk, hard drive) right away. And hell, most movies will show up on non-PPV TV eventually anyway. By restricting the recording disability to the initial "surge" of the movie's release, the "can't wait" crowd are going to rush to the theater or buy the DVD the first day it's on sale and send the cartel its dough anyway, and the rest of us can just wait until it trickles down to a non-premium source from which we can record and save it if we want.

    That's all very speculative, though. Knowing the methods of the MPAA as we do, it's more likely that this is just a way to get a foot in the door to eventually restrict or prevent ALL recording of its releases. That's an old tactic -- you know you can't get EVERYTHING you want right now, so you ask for just a limited option that most people would agree on, then slowly expand the parameters over time. Like the ban on "partial birth abortion." Or just like all the Bush era "anti-terrorist" legislation -- most people accepted it as necessary within the limited scope of "fighting terrorism," but we have already seen these laws starting to be used for things that have little, if anything, to do with terrorism. (Unless you then expand the definition of "terrorism," which is also happening.) The MPAA probably is playing the same game. (As we have often seen, the worlds of business and government are pretty much interchangeable in their more underhanded tactics...)

  • by v1 (525388) on Sunday June 15 2008, @11:02AM (#23800723) Homepage Journal
    Read the actual proposal here:

    http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1081A1.txt [fcc.gov]

    Go here to file your comment:

    http://fjallfoss.fcc.gov/cgi-bin/websql/prod/ecfs/upload_v2.hts?ws_mode=proc_name&proc_id=08-82 [fcc.gov]

    Be sure to fill in all the fields marked "(required)" and set your submission as a "comment".

    For maximum compatibility and greater chance of serious review, use the "send brief comment" box at the bottom instead of uploading a lengthy DOC file. Keep in mind that they don't care what so much what you personally don't like. Make your comment clear and concise about how this action violates your rights or attempts to defeat the protections the FCC is supposed to defend.

    Be sure to click Finish Transaction after submitting.

    • Re:Pointless? (Score:4, Interesting)

      by Opportunist (166417) on Sunday June 15 2008, @07:28AM (#23799421)
      My guess is that they're trying to do just that now: To release movies to pay-per-view HD before bringing them into the rental stores. Ya know, those clerks there don't get a lot, but a penny earned more is a penny earned more. People will probably pay to watch a fairly recent movie at home for 5 bucks rather than paying 10 bucks (plus again about as much for junk food) in a cinema.

      Huh? The movie industry raping its own distribution partners, movies and rentals? Duh, thought they'd only do it with their customers?
      • Your list is in order of decreasing price and decreasing quality. This is not a coincidence.

        It's all about market segmentation. When selling a product, it's always desirable to get the customers who are willing to pay more to actually pay more money. This is hard, though, because you generally advertise the same price to everyone. So companies come up with various tactics to avoid this, such as multiple editions of a product with different prices, or charging a premium early and then lowering the price late
    • by Lumpy (12016) on Sunday June 15 2008, @07:30AM (#23799435) Homepage
      Actually you do build that feature in unless you are building your own capture cards.

      your HDMI capture card, the only way I know of to capture an encrypted HD signal from the cable or sattelite box, has thise "feature" for you.

      I cant find any component capture cards that exist that will capture HD resolutions so you are stuck with hdmi/dvi.

      BTW: notice how nobody has made a linux driver for those cards? only OSX and Windows... because the driver has the "screw the user" code in it.
          • Re:DMCA (Score:4, Insightful)

            by Gnavpot (708731) on Sunday June 15 2008, @08:32AM (#23799757)

            Good luck manufacturing and selling LCD panel conversion kits without getting a big fat lawsuit under the DMCA

            As in all other cases where copy protection of movies or music fails, only one person in the world needs to own the equipment or software necessary for circumventing the copy protection. He can then release it to the public in an unprotected format.
    • Re: (Score:3, Funny)

      by Anonymous Coward

      I predict Oren Hatch will be coming out soon with a statement denouncing movie downloaders as Marxist pedophiles who finance terrorism and support marriage for transexuals.

      Hey! Some of us on this board are Marxist pedophile transsexual terrorists, you insensitive clod!
    • Muzak (Score:3, Interesting)

      I have had absolutely enough of all the rantings by the RIAA, MPAA, etc and DR-freaking-M. Hollywood can take their media and shove it up their collective @rse. [...] Stop buying their sh*t
      All supermarkets in my area lease proprietary music to play on the PA system whenever they aren't advertising a special or calling a CSM to produce or something. The money for this comes out of sales. So how do I stop buying proprietary music without stopping buying food?