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MPAA CEO Dan Glickman on the Broadcast Flag 336

Thomas Hawk writes "Motion Picture Association of America head Dan Glickman has an opinion piece up at CNET explaining why, even after they and the FCC lost the legal case to force the Broadcast Flag on us, we should still as consumers be advocates for it. The gist of Glickman's argument boils down to the old 'we're taking our ball and going home' game as he tries to convince us that without this incentive good TV and movies won't get shown on broadcast television. 'Our companies want to continue to show their movies and television shows to viewers who don't or can't subscribe to cable or satellite systems. But without the broadcast flag, that option will look less and less appealing. In the end, it will be the consumers who suffer the most if the broadcast flag is not mandated for the digital era.'"
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MPAA CEO Dan Glickman on the Broadcast Flag

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  • by Anonymous Coward on Saturday May 28, 2005 @08:13AM (#12663369)
    but that's just me
  • Sort of like... (Score:5, Insightful)

    by MunchMunch ( 670504 ) on Saturday May 28, 2005 @08:14AM (#12663377) Homepage
    ...how they stopped showing movies on TV after the VHS threatened to rape and strangle all of the women in Boston?
  • Now wait a minute, (Score:3, Interesting)

    by panxerox ( 575545 ) * on Saturday May 28, 2005 @08:18AM (#12663390)
    Isn't this the same group of companies that have been producing shows since the advent of the VHS recorder? I have a feeling that just the absence of new restrictive anti copying laws wont stop them from producing shows. This argument doesn't really have the ring of truth to me, TV is what they do what are they going to do stop producing shows and convert their companies over to real estate or something?
  • by CHESTER COPPERPOT ( 864371 ) on Saturday May 28, 2005 @08:19AM (#12663394)
    An opposing piece [com.com] by tech attorney Jim Burger.
    • From Jim Bergers piece: DVDs are a good example of where government intervention was rejected.

      Really? They didn't ram through the DMCA for their own interest by shopping it in international treaties? It wasn't software companies screaming the loudest for this stuff, it was the entertainment companies.

      Ahh, well, we will just omit that..

  • by Adrilla ( 830520 ) * on Saturday May 28, 2005 @08:20AM (#12663398) Homepage
    The irony, of course, is that modern cable and satellite delivery systems already have imbedded technical means that maintain the value of digital programming by preventing its redistribution over digital networks. The broadcast flag extends that same protection in the estimated 15 percent of American households that do not subscribe to cable or satellite services but rely instead on over-the-air broadcast television.

    So let me get this straight. They're paranoid that a big pirating ring is going to be started by the 15 percent of homes that don't even have cable? Movies are old once they hit broadcast, the television shows are usually ripped by people with HDTV, and sports games become pretty useless to watch immediately after they've been played. But yet they're in an uproar over not being able to show "movies, television shows or even baseball games on free television". I doubt the movie makers are even rushing to get these movies on broadcast TV, once they do that, the value of the DVD sales goes down. I'm tired of this chicken little act. The sky is not falling, and that 15% is not your worry when it comes to protecting broadcast television.
    • I don't think it changes things. Good movies were only rarely shown on analog TV anyway, they were kept on the premium and PPV cable channels. If they don't want movies on TV, then don't let them on TV.
  • As CEO of the Motion Picture Association of America, my principal concern is protecting the magic of the movies.

    Most "magic" has more utility than filling your pockets with gobs of money.

    Nothing will stop them from making money. If they can make 37 cents from showing their 10 year old movies on TV, they will do that. On the other hand, if they can make 40 cents by not showing them on broadcast TV and just re-release them on DVD every few years, they will do that.

    • Actually the magic of movies right now is called repeats oh I mean remakes that or "TV shows on the big screen".

      I really like to think of it is as lack of an original idea.
  • Next! (Score:5, Insightful)

    by siberian ( 14177 ) on Saturday May 28, 2005 @08:23AM (#12663408)
    Nah, what he is really saying is that his organization is incapable of managing this change in a simple and profitable way.

    No problem! There are a million other companies that can probably handle this transition, please take your ball and go home so the next player can enter the arena.

    Next!

    • But he paid good money to our lawmakers for a monopoly so he could rape and pillage society. They don't call him a pirate for nothing.
    • by kfg ( 145172 )
      Please stop whining and do try to figure out a way to create "content" that is worth my giving you money for in the first place.

      I shall not be attending showings of "The Longest Yard," nor shall I even watch it for free on broadcast television. Not because I have 'stolen' it from the Internet, but because it is a piece of shit that isn't worth wasting my time on, something that is far more valuable to me than giving you buck or five.

      If you wish me to watch it I must insist on getting my government scale b
  • So predictable (Score:5, Interesting)

    by rjch ( 544288 ) on Saturday May 28, 2005 @08:23AM (#12663413) Homepage
    I'd ask the question "when will these guys ever learn" except that if I got a reply of anything other than "never" I'd be totally shocked.

    Unfortunately, I'd have to say that this "proposal" is most certainly not dead - as the article clearly stated, the ruling was against the FCC's authority to impose this measure, rather than against the measure itself.

    Possibly it shouldn't worry me all that much, living in Australia. However with the FTA in force - and one of the provisions in the FTA relating to the respect of copyright protection, maybe it should. In the end though, I keep thinking of the quote I used to see when opening up MythWeb every now and again - consumers just won't buy devices that won't let them do what they want to.

    • I'd ask the question "when will these guys ever learn" except that if I got a reply of anything other than "never" I'd be totally shocked.
      Pigopolists never learn, even after their demise. Their brains are rotten with greed.
    • Re:So predictable (Score:3, Interesting)

      by antiMStroll ( 664213 )
      " I'd ask the question "when will these guys ever learn..."

      They learned plenty. The road to a permament profit stream is to consistently proclaim untruths and lobby government to create a regulated market impervious to technological changes. The upside is that it took so long for corporations to absorb this lesson or we'ld still be side-stepping road apples and buying ice from delivery men.

  • mythTV et al? (Score:5, Insightful)

    by kebes ( 861706 ) on Saturday May 28, 2005 @08:25AM (#12663419) Journal
    Some say that this regulation would take away TiVo, but in fact, the FCC has certified a TiVo implementation of the broadcast flag.

    Yeah right. Sounds to me like only "approved" setups will be allowed. That is, any company that doesn't play by their rules (paying fees, restricting the technology of course) won't be allowed to make a TiVo-like device. So it will be absolutely impossible for a do-it-yourself-er or even a small company to offer a competing product. MythTV would not work in this setup. I won't be able to build my own TiVo-like device from spare parts at a reasonable cost. The broadcast flag thereby mandates and controls activities in other sectors of the economy. This is not a good thing. Of course, the mythTV-style people who build their own from scratch will probably find a workaround, but this still means that advancement and innovation in TiVo-like technology (and other novel distribution schemes) will be slowed if not completely stopped. I know I'm preaching to the converted here, but this broadcast flag steps way out of bounds.
    • Re:mythTV et al? (Score:4, Interesting)

      by Adrilla ( 830520 ) * on Saturday May 28, 2005 @08:39AM (#12663459) Homepage
      If you read the counter argument [com.com] posted here [slashdot.org] it shows that the flag can be bypassed by simply ignoring it, the stream isn't even decrypted, it's the home electronics that we own that will do the policing for us. So they'll give rise to the beast that is mythTV since it'll become more popular in the underground for decrypting this broadcast flag should it ever get approved. Hell it might not even break the DMCA since the stream isn't encrypted. (although I'm sure they'll find a way to make it illegal)
      • the rub is that if BF is re-enacted, HDTV tuner cards that are needed to make MythTV, etc. useful will need to be manufactured to respect the BF.

        *Shrug* The DMCA would probably still apply (unfortunately) as it's not about breaking encryption it's about circumventing copy controls.

        e.

        BTW: Be sure to Contact Your Representative [eff.org] to tell them where to stick the BF/MPAA legislation.
  • This is wonderful news! All the shows and movies these people make suck terribly anyway. They've got a government license to beam this crap through our bodies, but we're not allowed to copy it. Fine! They should just stop producing content. Perhaps the 15% will read instead. This comment's lame - sorry bout that. I'm just sick to death of television. Of course, I'm sitting in a master control suite in a tv station right now. Alone. Reaching out to the nameless masses of geeks. Well, at least the
    • So you're responsible for ensuring television broadcasts continue to function?

      I have some suggestions.

      1) get a job which doesnt require selling your soul to el diablo.
      (this means a job at microsoft is out too :-)
      2) if you can't 1), then commit suicide immediately and make the world a better place.

      the faster broadcast TV dies, the better off the world will be.
  • by Jah-Wren Ryel ( 80510 ) on Saturday May 28, 2005 @08:29AM (#12663434)
    'Our companies want to continue to show their movies and television shows to viewers who don't or can't subscribe to cable or satellite systems. But without the broadcast flag, that option will look less and less appealing. In the end, it will be the consumers who suffer the most if the broadcast flag is not mandated for the digital era.'

    What Glickman doesn't understand, or more likely wishes weren't true, is that his argument holds no water in a free market system. All it takes is a very simple thought experiment to make it clear:

    If no studios allow "their" content to be broadcast in high-def because there is no broadcast flag, then there will be an unmet market demand. Sooner or later at least one company -- be it an established studio or a new upstart -- will decide that they don't need a broadcast flag in order to license their movies for high-def broadcast. At that point they will have the entire market to themselves and it will be easy money to fullfill that previously unmet market demand.

    Once one company is seen to be making easy money, others will decide they would like some of that easy money themselves and will enter the market too. Eventually either all the old studios will be in the market just as they are for standard-def broadcasts, or they will have isolated themselves, becoming niche players in the over all "content" market.

    The key to the free market system here is that the studios need the audience way more than the audience needs them. Without an audience they will starve and die, without high-def movies, we'll just watch DVDs, read a book or do something else like go skiing.
    • will decide that they don't need a broadcast flag in order to license their movies for high-def broadcast. At that point they will have the entire market to themselves and it will be easy money to fullfill that previously unmet market demand.

      The counterargument is that without the protection of the broadcast flag, this company will be pirated right out of business, so that instead of a thriving market, there will be a barren wasteland.

      There are holes in this argument - one is the assumption that the broa
      • will decide that they don't need a broadcast flag in order to license their movies for high-def broadcast. At that point they will have the entire market to themselves and it will be easy money to fullfill that previously unmet market demand.

        The counterargument is that without the protection of the broadcast flag, this company will be pirated right out of business, so that instead of a thriving market, there will be a barren wasteland.

        Despite piracy (witness how much money the DVDs and CDs are rak

      • Actually, the biggest hole in the argument is that someone would want to pirate a movie off broadcast networks, where it's been chopped up, bleeped up, and sped up for time and content purposes. The broadcast flag might serve a purpose for TV series, but not feature films.
    • You hit the nail on the head, but allow me to add a little contest.

      Glickman is president of the MPAA. The MPAA is a cartel.

      What you're describing is the way free markets deal with cartels. The cartel itself will almost certainly be smart enough to back away from this position if they aren't able to buy a law requiring it, just as, for instance, OPEC has backed away on several occasions from positions that would have broken their cartel if they had been held.

      Of course, I personally would prefer it if the
      • Best advice in Aeons!
        Write your congress critters the most thoughtful and well phrased letter you can. If he or she honestly gives a damn about doing the right thing, they might just listen to you. They might just become more educated, and even if they end up disagreeing with you on issue A, they are likely to modify their over-all position. Then write the same sort of letters to the editors of local papers, or do an informative 1 page writeup and ask to post it on your local library's kiosk or other pu
  • Who needs who more ? (Score:5, Interesting)

    by EpsCylonB ( 307640 ) <eps AT epscylonb DOT com> on Saturday May 28, 2005 @08:38AM (#12663453) Homepage
    Do we really need their movies more than they need us to pay for them ?.

    Bring it on, the broadcast prime time that was traditionally given to movies will be filled by new content. There are a lot of people who to be on TV and TV programs, not all of them are talented but this kind of subjective anyway.

    Ultimately its the viewers that are in control, if they want big movie style television in the wake of the MPAA revoking its product, then someone else will make television programs to satisfy the audience.

    It obvious to everyone on slashdot but the biggest mistake that the RIAA and MPAA made was to start attacking their customers. The truth is they are not really worried about being forced out of business, they worried about being undercut and having their dominant business model taken away.

    They are powerful and the whole argument about digital media will take a long time to play out. But I am confident that even in the lobby controlled political climate of washington the customer will end up being right.
    • by slavemowgli ( 585321 ) on Saturday May 28, 2005 @09:46AM (#12663662) Homepage
      Yes, in the end, the customer will end up being right - but what does the customer actually want? Or, rather, what will the customer(s) care about?

      Several people have already made the argument that the industry needs the consumers more than vice versa, and concluded that thus, the consumers will ultimately prevail and that the industry will not be able to blackmail consumers by threatening to take away shows.

      However, there seem to be a fundamental flaw in that argument - namely, the fact that unlike the industry, "the consumers" are not a well-defined entity that acts in a controlled, coherent, or even informed manner. Most people on Slashdot seem to understand why the broadcast flag is bad for them and (actively) oppose it; however, the same is not true for the general population. There really are three problems here:

      1) The general population probably does not know about things like the broadcast flag at all. It's true that a significant number of people *do* know about it, but I'd be quite surprised if they'd outnumber the people who don't.

      2) Of those who do know about it (after, say, reading about it in a newspaper etc.), the majority does not really care about it, as long as they'll still be able to watch tv like they did before.

      3) Of those who do care, the majority are not realy informed enough to be able to reject the MPAA's arguments of why the broadcast flag ultimately would be beneficial to consumers.

      That does not mean I believe that the MPAA has already won and that the broadcast flag will come in one form or another without their being a public uproar (even a minor one); but I also am not automatically confident that the general public will prevail, even though it clearly is more powerful than the MPAA.

      As Terry Pratchett said, "...pulling together is the aim of despotism and tyranny. Free men pull in all kinds of directions. It's the only way to make progress." But unfortunately, that also means that a comparatively small dedicated group that *does* pull together can exert more influence than they should be able to.
      • You make some good points, I think I addressed them in my original post though. In particular I said that it will take a long time for digital media to stop being fought over, when I say a long time I was thinking decades.

        You make the point that the if the vast majority of people don't care about the broadcast flag then it could be easily introduced. Your absolutely right, and however much I may dislike this restriction if I am not in the majority then I will have to live with it.

        But I think there will
  • by StormKrow ( 688323 ) on Saturday May 28, 2005 @08:43AM (#12663468)
    The broadcast flag is just another tool devised by the MPAA to help insure that if people want to watch something beyond the original air-date, they'll have to go out and buy it.

    The broadcast flag isn't about bringing media to the masses, it's about bringing media to the masses, grabbing them by the grapes and squeezing every penny they possibly can from the public.

    Fact is, by the time a production makes it to broadcast television, it's made all the money it's going to make. Companies purchase advertising time, the production houses make some more money. At this time, it doesn't make one bit of difference whether someone tapes or doesn't tape a movie from the television, and the funny thing is, that the taping of movies from broadcast or cable television is protected under fair-use.

    By insisting that there be a broadcast flag, the MPAA is basically saying, "We don't care about your right to fair-use, we want your money and we'll get it, one way or another."
    • Fact is, by the time a production makes it to broadcast television, it's made all the money it's going to make.

      Fact is, all the producers and actors pray that their show is appealing enough to generate syndication deals that gurantee them a huge, long-term paycheck. DVD sales also get them a nice chunk of change.

      Fact is, the only reason many programs get their big money before broadcast is it's too soon for the people with money to see how much the program sucks. It's pretty safe to assume they aren't
  • What!? (Score:2, Insightful)

    The head of the MPAA, which chooses to drag users over the coals and shut down more and more options for them to receive broadcast content, now illicits their assistance in further curtailing their viewing rights, or at least providing a mechanism to?

    I've never heard machinations so Machiavellian. Trying to convince us the quality of TV shows and movies will go down..... from what point? It is pretty bad as it stands.

    The most insulting line of it all:
    "Our companies want to continue to show their movies
  • by Big Sean O ( 317186 ) on Saturday May 28, 2005 @08:48AM (#12663482)
    Just pull your content off broadcast TV already!

    If you can make more money elsewhere, please do.

    The broadcast networks are charging top dollar for advertising.

    Somebody's making money on TV. They will continue to make money, despite my fair use right to make a copy for my private use.

    MPAA turned the VCR into a tremendous revenue stream. For them to demand the broadcast flag without one shred of evidence that they're being hurt by my fair use rights is unmitigated gall. Show me some damages and I'll think about it.

    I want to keep that set carpenter hippie that met his wife on the set of the Big Chill employed, I really do, but I don't see how if I burn episodes of "the Wire" to DVD so I can watch them later harms him. Glickman is going to have to come up with some big brib.. er... donations to get my Congressman to agree.
  • by KingSkippus ( 799657 ) on Saturday May 28, 2005 @08:48AM (#12663483) Homepage Journal

    I'm amused by their veiled threat to "take their ball and go home," as the submitter put it. This is such an empty threat. If they take their ball and go home, they make no money, and the industry they're supposedly protecting will hemorrhage when consumers will figure out something else to watch or do. That, of course, would pretty much take away their tiny little kingdom.

    In other words, what they're really scared of is that we will take our ball and go home. When the RIAA pulled this crap, a large number of people basically said, "to hell with you and your stupid laws, I'm going to download and share these files anyway." Their little temper tantrum lawsuits have done very little to make a dent in that, and in fact, has mainly served the opposite effect as a publicity tool for peer-to-peer networks.

    Right now, not many people share or download movies. Right now, studios and organizations like the MPAA are trying to stifle people's ability to do so. Right now, it is still happening (witness all of the hoopla over Revenge of the Sith). The more they fight it, the more they publicize it and the more people will do it.

    If a television or DVD player won't play a movie or television show I want to watch for whatever reason, I'll simply get my television or DVD player from somewhere else. I hope that most consumers aren't foolish enough to buy into the sales pitch that a valuable feature is, "Hey, this device protects the industry by keeping you from watching stuff you want to!"

    If these organizations were truly interested in helping studios and consumers, instead of trying to figure out how to put proverbial genies back into their respective bottles, they would be helping to figure out innovative ways to make people WANT to use non-illegal means to view their content. What they're doing now is only hurting the industry and will continue to do so until someone makes them stop.

    So my response to Mr. Glickman: Go ahead, take your ball and go home. Will it hurt the consumer? A little bit, you bet. But after a little while when people like you are finally out of the equation because your own stupid beliefs and decisions and caused the industry and consumers to openly rebel against you, maybe we'll finally have an industry that can make everyone happy. You seem to keep forgetting that it's our game, not yours, to play.

    • the industry they're supposedly protecting will hemorrhage when consumers will figure out something else to watch or do.
      If they turn to foreign movies, the US State Department will take steps to prevent that... After all, it is bad for the US trade deficit.

      Oh, wait...

    • Right now, not many people share or download movies. Right now, studios and organizations like the MPAA are trying to stifle people's ability to do so. Right now, it is still happening (witness all of the hoopla over Revenge of the Sith). The more they fight it, the more they publicize it and the more people will do it.

      What you really mean to say is " The more you tighten your grip, the more [movies] will slip through your fingers "...

    • Here in New Zealand, we have a choice. We can choose not to follow the US and not buy any DVD's, or follow along, and buy DVD's in our region, later and more expensively than if we brought them off Amazon when they were released in the US.

      Is that a choice? I don't know. Hollywood holds the rest of the world hostage with it's content. What the content providers are worried about as you so rightly point out is that one day everybody else will hold them hostage dictating that if they don't release their co
  • Taking their marbles (Score:3, Informative)

    by overshoot ( 39700 ) on Saturday May 28, 2005 @08:52AM (#12663492)
    I'm sure that without the broadcast flag they will stop showing movies on television. After all, we need their movies more than they need the revenue.

    </sarcasm> for those who need the hint.

    Remember what happened with the original Circuit City DivX? The MPAA told CC the same thing: without strong hardware encryption, there was no way they would allow their movies to go to market on DVD. Contrary to /. legend, DivX didn't die from consumer rebellion, it died from lack of content because all the movies were on plain DVD, not DivX.

    • Movies were on plain DVD because nobody was buying the crippled DivX versions that required specific (expensive) players (that nobody were buying).

      DivX was killed by cheap chinese DVD players. Period.
  • The basic outline of the broadcast flag was approved in principle by a large and diverse group of consumer electronics, computer technology and video content companies. This consensus was reached after a thorough process involving all affected parties.

    "Oh... except what is arguably the most important component, the consumer who we need to view or buy our content. But we're pretty sure they're sheep, with no input on the matter, and little ability to see through my rich euphamisms such as 'protect the ma
  • It is not Congress's job to produce legislation with the express aim of protecting the MPAA member companies' business models. It is their job to produce legislation that protects their copyrights.

    Personally, I think prevention is not the way to go here, because it presumes that all consumers are thieves. It would be far better from a "YRO" point of view to equip law enforcement with better tools to find those who are violating copyrights. They're choosing the easier way out, because it's easier to try
  • Kill your TV!

    Seriously! All this hoop-lah about .. what .. exactly? Generations and Generations of people sitting around on their asses, enslaved by the God Box.

    Turn it off. Take it outside. Smash it.

    Talk to your neighbor instead. Learn a new board game. Do something you've never done before. Go somewhere new. Take walks. Learn a new hobby.

    The end result of Television is: Wasted Minds.

    Let the "Entertainment Cultists" cry their woe. All you TV-bots are wasting valuable resources. You know how
    • Question: Are you implying that such visual media is intrinsically brain-wasting, or that simply the majority of the current content has that property?

      Surely television can be viewed from a critical point of view and in an active manner, can it not?
  • Why has the goverment not gagged this guy and put him in a nice tiny cage yet? oh, and that jacket that you get to hug yourself with... yeah, he needs that to, he must have been unloved as a child. He is clearly a nutcase.
  • "without this incentive good TV and movies won't get shown on broadcast television."

    Come again? The greatest irony of all is that the high-tech home cinema with surround sound and high definition arrives when there is less and less to justify it. I'll worry when they start "flagging" books.
  • DAN: Come on, do it for the children.
    public: naaa..we like to not have to sit through 15 minutes of commercials per hour of tv.
    DAN: But the studios will suffer because of our outdated business model
    public: crybaby, go talk to the RIAA about outdated business models. Times change. You didn't hear the radio trying to legislate themselves jobs when TV came out and got popular in the late 50s. And look, 50 years later, there's still radio, and now, even DIGITAL radio and you don't see the RIAA griping about it
  • The DMCA was not enough, they are seeking to classify software capable of demodulating signals as a "device" subject to FCC regulation.

    This moment of black helicopter zen brought to you by Slashdot.

  • If Hollywood decided that it did not want to make movies for broadcast TV, then, someone else will. Even if broadcast meant the instant distribution of your work, you could still walk away with millions of dollars in advertising revenue from the initial airing of the show.
  • So what would change? They already hardly show any good shows over the air, and when they do, they usually cancel it after one or two seasons, tops... hell, it's hard enough to find good programming on cable.

    --Ender
  • by yagu ( 721525 ) <{yayagu} {at} {gmail.com}> on Saturday May 28, 2005 @09:00AM (#12663520) Journal

    Again, I am not seeing any mention of the irony that the last Star Wars (one of the worst movies I've ever seen btw) broke all records in its debut... all this with piracy still "not under control" by Glickman's definition. I think a poster in the previous article on Glickman even suggested (and I agree) not only would totally free and available downloading not have hurt the opening of Star Wars, it may have enhanced its takings.

    As for the broadcast flag.... the last thing I want my providers mucking around with is having to write code to accommodate the frigging broadcast flag. How many of you have the Comcast HD PVR box? In the last week it has "claimed" to record more than three shows that never showed up in the play list. It created an entry in the play list that had no title, claimed it was recorded in 1998, and was unplayable, and once I tried to play it, locked the machine up solid and only a power cycle recovered it.

    I want my Comcast guys spending their time and effort fixing those bugs, not honoring a request by the MPAA to restrict even more my access to media.

    The technology moves ever forward, and has the potential to really improve our lives, yet these guys who won't even expend the energy to pick up a ten dollar bill because they're too filthy rich making money off of other peoples' talent insist on leveraging the power of new technology to add a little more Hell to our lives.

    I'll probably get modded troll..., but really, I am so close going "off grid", I am so frustrated with battling technology rather than reaping benefits from.

  • Puh-leeze . . . (Score:5, Insightful)

    by UnknowingFool ( 672806 ) on Saturday May 28, 2005 @09:02AM (#12663526)
    I want to make certain that the American people will continue to have the opportunity to see our movies and television shows on free television in the digital age.

    Let's be honest: You want to protect the content of your media from unauthorized duplication and distribution. I see no problem with trying to protect your content, but you have to remember that your consumers have certain fair use rights. While some form of protection may be invovled, many have disagreed with this particular implementation of protection.

    Failure to implement the broadcast flag on the July 1 date will be a significant step backward in the transition to digital television. It would also lead to unnecessary confusion in the marketplace, since most television manufacturers have already changed their production to incorporate broadcast flag technology.

    All of which is a problem of your own creation. If your industry was not so insistent that the FCC implement something that is beyond their powers, you would not be in this situation.

    The basic outline of the broadcast flag was approved in principle by a large and diverse group of consumer electronics, computer technology and video content companies. This consensus was reached after a thorough process involving all affected parties.

    The consensus that you speak ignores the most important group: Consumers like library associations disagreed with the FCC's decision so much that they sued. Also your revisionist history does not mention that most of the major TV manufacturers objected as well.

    The irony, of course, is that modern cable and satellite delivery systems already have imbedded technical means that maintain the value of digital programming by preventing its redistribution over digital networks. The broadcast flag extends that same protection in the estimated 15 percent of American households that do not subscribe to cable or satellite services but rely instead on over-the-air broadcast television.

    This proposal only places restrictions on broadcast content that does not exist today and grants controls to the MPAA that it does not have today. Indirectly, this clause gives the MPAA the power to control which equipment a consumer can use. Want to buy a new TV to watch the Superbowl in HD in 2007? You can only buy those TVs that have the broadcast flag even if you don't like any of the features.

  • broadcast TV can FOAD.

    go ahead mr. glickman. take your ball and go home. quite frankly nothing would make me happier.

    you can go take your "survivor", "american idol", "desperate housewives", and shove it. i don't give a shit about this inane drivel you try to ram down our throats, and I care even less to see this banality in "hi def".

    the sooner you and the industry you represent burns in hell, the better off humanity will be.
  • Reverse Logic (Score:2, Insightful)

    If you can't get what you want by first having a government agency do your (illegal) dirty work for you then politely ask the public to stab themselves in the back with the knfe you provide. To assist in the process tell them that being stabbed is actually *good* for them - then wait and see how many sheep, er, consumers follow along.

    Redefining the debate by trying to change the terms via brainwashing seems to be the misguided corporate way. Throughout history, Governments, Businesses and other Instituti
  • by Jamesday ( 794888 ) on Saturday May 28, 2005 @09:18AM (#12663575)
    Mr. Glickman, with respect, please refrain from misrepresenting the benefit and effect of the broadcast flag.

    "The challenges lie in protecting that content so that it is not stolen and resold or rebroadcast by video pirates. ... Broadcast flag technology protects the content of our shows from redistribution over the Internet."

    As we know, broadcast television shows movies after cinemas, pay per view, and video tape/DVD sell-through. Those present four opportunities to make and distribute copies of the works, two of which provide a digital picture stream identical to the broadcast stream. There is also the widely used pre-cimema opportunity, which results in distribution before first cinema showing even in the US. Please explain why you believe that those you seek to inhibit will choose to wait for broadcast television instead of doing what they currently do and using the earlier opportunities.

    For two Of those earlier opportunities, cable and video tape, the studios or broadcasters have preveiously gone to the Supreme Court arguing that they would destroy their business. Please identify the businesses they destroyed after those cases were lost, since it appears that both are actually major revenue streams, and explain why you believe your arguments in this instance are of greater accuracy in predicting the future benefits to your members' businesses than those your predecessors made with their predictions of doom.

    "The sole purpose and effect of broadcast flag is to assure a continued supply of high-value programming to off-air"

    I have rejected the TiVo technology as insufficiently flexile. It limits me to a narrow range of playback devices and restricts my ability to do things like editing to remove offenive content before playing to others, such as children. Compatibility between different implementations by different vendors in fights to achieve market dominance is also a concern. Capturing a video stream and producing more tools, provided secrecy and restrictions on protocols is not required, is a very promising market. The controls of the broadcast flag regime appear to kill this market for intelligent filtering and editing tools developed by a very wide range of small producers, often single individuals with limited funds, like the college student who developed the well known Virtual Dub video editing program.

    Today I can time shift a video broadcast from homoe to my computer and then to an airplane or hotel room on a business or other trip. Using a single portable computer to do both this and the bunsiness activities. It appears that the restrictions of the broadcast flag will block this existing very useful capability or require the entirely impractical approach of taking the main family recording device with me.

    "The basic outline of the broadcast flag was approved in principle by a large and diverse group of consumer electronics, computer technology and video content companies. This consensus was reached after a thorough process involving all affected parties."

    That list of parties misses the most broadly affected group: end users of the video at home watching it on their home digital televisions with the great potential of ubiquitous home digital networks and home recording. It also appears to lack broadcast television stations. Perhaps consultation with the most affected parties would be of use - the ones who dislike this because they know it will fundamentally limit their opportunities for uninfringing use of the content?

    Today, the threat of the broadcast flag is one of the factors which discourages me from purchasing or using digital television equipment. The sooner that threat is gone, the sooner it is that I'm likely to be interested in purchasing something which will no longer threaten to dramatically limit my legitimate uses of the content being broadcast. Congress acting today to prohibit the use of the broadcast flag or similar systems would be of significant help in encouraging my adoption of digital televisio
  • by 8tim8 ( 623968 )
    Actually, it's the broadcast networks who will suffer if the MPAA takes its ball and goes home. I as a consumer have lots of opportunities to see, say, Spiderman 2 long before it comes to TV.

    Of course, it's doubtful that the MPAA would ever carry through on this. Broadcast TV is 1) a significant revenue stream, and 2) far enough behind every other stream in terms of time that it doesn't matter all the much if the movie is copied like crazy. By the time a big movie hits broadcast TV, most other revenue

  • Have fun banging your ball against your bedroom wall, Dan -- in the meantime, I'll be over here in the DVD rental store...
  • The root legal issue that has for a very long time needed to be raised and defended in the copyright argument is the right to remember. Recording devices are no more than memory enhancers. Because we don't yet have the ability to embed these devices within us, they are not yet seen that way, but that is very clearly the long term path. Eventually, we will be able to embed enough memory to be able to remember and playback whatever we see or hear. When that happens, once we've seen or heard something once
    • You're still overlooking the "playback and transfer" issue. Even if you could somehow remember an entire HD program in vivid detail and full 15 channel surround sound, it is highly unlikely that you would be able to a) transfer this memory flawlessly to another person, or b) play the memory back to an audience.

      If there were some way for Hollyweird to structure this such that the only way to "remember" something long term (ie: record it for now) would be to watch the program in real time then we would prob
  • Mark Cuban's HDNet has been showing a panel forum taken from the 2004 Billboard Digital Entertainment awards. Scroll down here [digitalent...awards.com] and look for "THE FUTURE OF DIGITAL ENTERTAINMENT DISTRIBUTION CHANNELS". Bram was on that panel and kicked ass. He spoke specifically about how the boradcast flag and anti-piracy measures are techical cul-de-sacs and won't solve the industry's problems. Then told the other folks on the panel (industry insiders) that they need a new business model. They didn't look happy.

    HDNet rebr
  • Dear Dan,

    Don't push your luck buddy. We're already tired of your wares. Ticket sales are down across the board, and so is TV viewership among men 18-30, the most valuable demogrpahic.

    Your marketing people are no doubt trying very hard to figure out why this is, but in your hear you know why... Its because everything you're doing is SHIT. Your writers are terrible, your plots hackney, your characters stiff, your actors couldn't act their way out of a paper bag. And yet you expect us to pay $9 for a m

  • The MPAA and the RIAA hate anything that might be hurting their profits, regardless of the fact that they're earning more today than ever before. That means they hate the Internet and the consumer electronics industry, but seeing as they can't do anything about that (although they keep trying), they take out their frustrations on their own customers... as if that'll improve anything. Introducing measures like the broadcast flag and suing consumers can only serve to make them more unpopular; it won't change
  • Its about control.
    The MPAA (which these days probobly covers most american made TV entertainment as well as movies) wants to stop people from being able to record a TV show onto their PVR and watching it later (fast-forwarding all the ads). And from recording something off the TV and keeping it to watch again and again instead of buying the DVD.

    Just remember, anything capable of recieving video signals (TVs, VCRs, DVD Recorders, PVRs, Video Capture cards and probobly more) will have to deal with the flag.
  • The MPAA is playing a dangerous game by threatening to take its ball home. Copyright is designed to encourage content creators to publish their work. If they use copyright to prevent work from being published, then a much simpler legislative solution than the broadcast flag is to tweak the copyright legislation a bit and immediately revoke the copyright from any film or TV show that has not been shown on broadcast TV within two years of first showing. This would completely solve the problem, without restric
  • How can "they" talk about taking their ball/content and going home over network broadcast TV when it's an advertising driven medium?

    I bet, dollars to donuts, if the networks start getting better/more deals for "product placement" and other nuevo-advertising AND they figure out how to account for internet downloaders to count as additional eyeballs/ratings, they'd change their tune pretty quickly.

    Remember folks, originally cable companies (the group being lauded in the article) were originally pirates of b
  • MPCAWW (Motion Pictire Consumer Association World Wide) gives finger to MPAA. We don't want this kind of crap imposed upon us. go away!
  • by Wylfing ( 144940 )
    The gist of Glickman's argument boils down to the old 'we're taking our ball and going home' game

    Then go.

    This same tired argument is used by the airlines from time to time as well. "If government doesn't give us 52 billion dollars, we'll close up shop and then no one will have service." The reality is that if all the companies in the MPAA went away right this minute, the vacuum would be filled immediately as dozens of smaller studios suddendly received a torrent of investment capital. From the customers'

  • the money is, and that is a fact, it will make not much of a difference, if there is a broadcasting flag or not!
  • This was the same bullshit argument that the MPAA shills were using while pushing the Super DMCA bill here in TN. "If we get this legislation, we'll be able to provide better programming!" It's amazing we were able to essentially kill it after seeing just how completely crooked our legislature is.
  • without this incentive good TV and movies won't get shown on broadcast television

    So how does he excuse the past 20+ years of absolute garbage on TV, all without the presence of the broadcast flag?


    More importantly, though, if the mere existence of the broadcast flag will make him happy, then fine, he can have his little flag.

    I won't use a receiver that honors it... And when the housewives of America learn they can't record their soaps anymore, I suspect even Joe and Jane Schmoe will go out of their w
  • ... the point being, attract as many eyeballs for advertising as possible. Advertising pays the bills. If HDTV attracts eyeballs, they will broadcast HDTV.

    Now, will it be quality programming? Is there quality programming now? People decry the lack of quality on TV, yet quote Homer Simpson at every opportunity. Gimme a break. If you like what you see, expect more of the same.
  • by JayBlalock ( 635935 ) on Saturday May 28, 2005 @11:16AM (#12664021)
    I'm beyond stunned that all the Television powers-that-be would rather spend millions lobbying Congress, paying lawyers, bribing the FCC, developing new tech, etc etc when a very simple solution exists to the problem.

    All, I repeat, ALL you have to do is embed the ADVERTISING so that it cannot be stripped out.

    Television is a medium for delivering advertisements to people. Period. If you believe otherwise, you're delusional. Tivo and file-sharing threaten televsion, not because of any nonsense about copyrights, but because they get in the way of this delivery network and allow people to watch TV without watching the commercials that are needed to keep it running.

    (a copyright is a completely intangible thing. It is merely a route to profit, worthless in and of itself. Accordingly, if copyrights become a barrier to profit, they will fall into disuse.)

    So, you just have to eliminate commercial breaks. This is pretty much a win-win scenario for EVERYONE, since it means (hypothetically) the entire TV show is one gigantic advertisement, and in the meantime, the TV-viewing public gets shows that are *actually* an hour long, rather than 40 minutes. Use product placement and scrolling banners, or perhaps a PnP in the corner flashing up logos and quick animations.

    (won't work? Go look up studies about people who watch TiVo'ed commericals on muted fast-forward. They often have *better* ad retention than those who watch the commericals at normal speed with sound.)

    So, that's it. Do that and no one will give the slightest crap how many people pirate a TV show, because every pirated copy is just one more person seeing the wonderful, wonderful advertising that makes the world go round. I can see a future just a few years away where TV producers are actively working to increase the number of shared copies, and including pirates in their viewing statistics when pitching to advertisers.

  • We need... (Score:3, Insightful)

    by Raven42rac ( 448205 ) on Saturday May 28, 2005 @01:06PM (#12664472)
    We need to send a message that corporations do not own us, and we are not to be branded and sold whatever they feel like selling us.
  • by bitspotter ( 455598 ) on Saturday May 28, 2005 @01:23PM (#12664554) Journal
    "TV Industry Promises to Stop Broadcasting Altogether"

    EXCELLENT! PLEASE DO!

    What I don't understand is why broadcasters would cut themselves off from another advertising channel. an ad is anything that is used to promote the sale of a product or service, and, these days, that means the actual shows and movies themselves are ads, since you can go buy them on DVD, as well.

    Am I really going to "suffer" from losing an advertising channel? Hell, I'd pay to get RID of it!

Thus spake the master programmer: "After three days without programming, life becomes meaningless." -- Geoffrey James, "The Tao of Programming"

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