EFF still fighting MPAA and selectable output control

Cyndy Aleo-Carreira — Wed, 23 Jul 2008 13:07:53 -0700

The MPAA is hoping to circumnavigate a key FCC ruling protecting time and space-shifting for television programming and movies. It's the latest controversial attempt by the Hollywood lobbying group to curb piracy, and the EFF doesn't like it one bit.

In 2004, the FCC ruled that no provider of multiple channels (cable or satellite, for instance) could use technology to block the signal from either analog or digital outputs. In other words, no one is allowed to prevent you from watching content at any time (using a DVR such as Tivo, for instance) or in any place (using equipment such as Slingbox).

Now, however, faced with a slumping movie industry, the MPAA filed for a waiver of that ruling. It claims the waiver is needed in order to release movies in a pay-per-view format sooner after release without fear of high-quality movies being pirated or rebroadcast. The typical pay-per-view and DVD release occurs about five months after a theater release, but the MPAA claims this waiver would allow them to release movies sooner. As the EFF points out, any selectable output controls (SOC) inhibit fair use, which includes time-shifting, place-shifting, and use of excerpts for reporting.

Public Knowledge, a blog which follows public policy, explains why this application for a waiver is so problematic: In addition to violating principles of fair use, SOC also has no guarantee of backward compatibility, nor checks to make sure that your equipment is compatible. The current technology allows viewing only with equipment that is fully HDCP-compliant, which has only been mandated since June 2006. You could order one of these early-release movies not long after its debut, only to find out that you have paid for a movie you aren't able to watch. Noting that Sony has already put in place a model where those who own a Sony television with a Sony Internet connection will be able to view its newest movie, the Will Smith movie Hancock, Public Knowledge explains just how easy it would be to form a virtual monopoly with the movie industry only dealing with a manufacturer who already has a model in place without even having to rely on SOC across standard equipment.

Public Knowledge, the EFF, the Consumer Federation of America, the Digital Freedom Campaign, the Media Access Project, the New America Foundation, and U.S. PIRG joined together to file a formal opposition to the MPAA's petition yesterday.

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