NBC Activates Broadcast Flag

[drjtech]

http://arstechnica.com/news.ars/post/20080514-nbc-vista-copy-protection-snafu-reminds-...rm-stinks.html

Handfuls of Windows Vista Media Center users found themselves blocked from making recordings of their favorite TV shows this week when a broadcast flag triggered the software's built-in copy protection measures. The flag affected users trying to record prime-time NBC shows on Monday evening, using both over-the-air broadcasts and cable. Although the problem is being "looked into" by both NBC and Microsoft, the incident serves as another reminder that DRM gives content providers full control, even if by accident.

Vista MCE users began reporting problems on Monday evening, starting with posts on the popular DVR-enthusiast forum on The Green Button. While trying to record shows like American Gladiator and Medium, Vista users were presented with an error that read, "Recording cancelled. [TV show] cannot be recorded. Restrictions set by the broadcaster and/or originator of the content prohibit recording of this program." The Green Button user justinjas posted a screenshot of the error on his blog.

It seems the flag only triggered copy protection measures in Vista, as one of our staffers with a DirecTV HD DVR recorded Gladiators as usual, and a TiVo spokesperson told CNet that the company had not received any complaints. Spokespersons from Microsoft and NBC also told CNet that the issue was being looked into, indicating that the broadcast flag was likely switched on by accident.

The serves as a unsettling reminder that broadcasters can give instructions to the software built into DVRs, although they almost never do. Many DVRs and other, similar devices appear to be aware of the content-restriction flags set by broadcasters, even if they're not programmed to "obey" them by default. Still, broadcasters would love to have the power to stop users from recording their shows, watching them later, and most importantly, skipping commercials when they do it.

Vista users aren't the only one to get hosed by broadcaster's copy-protection flags this year. Last month, DirecTV began to limit the window in which users could watch recorded pay-per-view movies. Previously, users who purchased PPV movies had unlimited time to watch their content, but DirecTV said the movie industry wanted tighter restrictions. As a result, DirecTV DVR owners must now watch their movies within 24 hours of purchase (unlike rentals on iTunes, which must be watched within 30 days of purchase, or 24 hours from the time you press the play button), or else the content will go "poof."

Remember: DRM isn't about fighting piracy. It's about the ability to strictly control how we consume content. Users who are interested in pirating TV shows and movies aren't going to do so with a DVR or buy them through PPV. They've already skipped the middle-man and gone straight to BitTorrent with its decent-quality, commercial-less, and DRM-free offerings. Boneheaded mistakes like the one apparently made by NBC and Microsoft Monday night will only serve to make alternative means of obtaining content more attractive.

-drjtech

[KBeee]

And on a related note from Ars technica-
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MPAA wants to stop DVRs from recording some movies

By Matthew Lasar | Published: June 08, 2008 - 08:01PM CT

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 Petitioners' theatrical movies are too valuable in this early distribution window to risk their exposure to unauthorized copying," MPAA wrote to the FCC last month. "Distribution over insecure outputs would facilitate the illegal copying and redistribution of this high value content, causing untold damage to the DVD and other 'downstream' markets." Less than a month after the request, the FCC has given MPAA a public comment period on the question that will last through July 7.
Expedited distribution—with one, big caveat

MPAA has pressed its Petition for Expedited Special Relief on behalf of Paramount Pictures, Sony Pictures, Twentieth Century Fox, Universal City Studios Walt Disney Studios, and Warner Brothers. How did these media companies get an FCC proceeding so fast? Ars bets that hiring former FCC Commissioner Kathleen Q. Abernathy as their attorney helped. Abernathy supported former FCC Chair Michael Powell's drastic relaxation of the agency's media ownership rules in 2003, along with Kevin Martin, now head of the agency.

Movies go through a timeline of staged releases that lasts about three years. First they go to theaters; 60 days after that they start showing up in airplanes and hotels; in 120 days from their theatrical release they transfer to DVD and Internet download; about a month later to video on demand/pay-per-view; by the end of the year to premium subscription systems like HBO and Showtime; and eventually to basic cable and free TV.

MPAA says these studios want to release their movies to multichannel video programming distributors (MVPDs) "significantly earlier and prior to DVD release"—although the trade groups' filing won't say exactly how much sooner. But in exchange for the accelerated service, MPAA wants permission to obtain SOC blocking of recording capabilities. The group promises that once said movies have reached the home video sale/rental stage, the blocking will stop.

The movie lobby wants a waiver from FCC rules prohibiting MVPDs from adding code to digital video streams, that, among other restrictions, could block copying. Here is the rule: "A covered entity shall not attach or embed data or information with commercial audiovisual content, or otherwise apply to, associate with, or allow such data to persist in or remain associated with such content, so as to prevent its output through any analog or digital output authorized or permitted under license, law or regulation governing such covered product."

MPPA notes that the Commission did say in 2003 that it would consider adjusting this policy around SOC. "We nonetheless recognize that selectable output control functionality might have future applications that could potentially be advantageous to consumers," MPAA observes that the FCC declared in a late 2003 Report and Order, "such as facilitating new business models."
We're here to help

MPAA argues that, in addition to getting first-run movies to the public sooner, giving movie studios a break on this issue could also aid the DTV transition. The enhanced service "will encourage the purchase of HDTV sets by consumers, and thereby ensure that a greater number of citizens have the necessary equipment to receive broadcast digital programming by February 17, 2009."

But unquoted in MPAA's petition is this passage from the same FCC Report and Order: "We also recognize consumers’ expectations that their digital televisions and other equipment will work to their full capabilities, and the potential harm to the DTV transition if those expectations are frustrated," the Commission observed. "In particular, we are concerned that selectable output control would harm those 'early adopters' whose DTV equipment only has component analog inputs for high definition display, placing these consumers at risk of being completely shut off from the high-definition content they expect to receive."

Needless to say, this proposal is likely to get a very cold reception from groups like the Electronic Frontier Foundation (EFF). EFF already warns that SOC and "down resolution"—strategically lowering the level of digital quality—could undermine HDTV. "Many current and novel devices rely on unrestricted outputs, particularly component analog connections," EFF says.

Not surprisingly, the Home Recording Rights Coalition (HRRC) opposes SOC too. "In the long term, imposition of SOC could have the effect of driving from the market any home interface that supports home recording," the group observes. Fears that MPAA's proposal represents a foot in the door to much wider interference with consumer digital applications may also play a role in this discussion.

The FCC wants comments and oppositions to MPAA's proposal by June 25 and replies to comments by July 7.
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[Scooter_NJ]

I wish someone had made the case for use "component" users regards that damn hdmi prohibition on upconverting DVD's to older HD Ready sets!!!

Get ready for what you will be able to record in the future being turned off when the producers of said series wants to release the DVD set.

I miss analog!

[edDV]

Hollywood will get their way after the next election. The broadcast flag has yet to pass in Congress.

Then, a few years later the Supreme Court may take the case.

[KBeee]

Relish your freedom now, cos in 2 or 3 years you'll wonder how us Sheeple ever managed to back up our legally bought media, or record in HD anything except adverts, which we'll be legally barred from not watching...
<sigh>
Me a cynic?

[usually_quiet]

Relish your freedom now, cos in 2 or 3 years you'll wonder how us Sheeple ever managed to back up our legally bought media, or record in HD anything except adverts, which we'll be legally barred from not watching...
<sigh>
Me a cynic?

You mean soon I won't be able to get up to use the bathroom or go to the kitchen during commercials? Dang thats harsh. I should loose some weight but had best get some adult diapers just to be prepared.

[russkelp]

So, Windows Media Center users can't record NBC shows, what about other types of recording and also Mac users.

I've heard that Windows Vista is especially strong on DRM protection. Any other consequences of this action?

[edDV]

So, Windows Media Center users can't record NBC shows, what about other types of recording and also Mac users.

I've heard that Windows Vista is especially strong on DRM protection. Any other consequences of this action?

If an individual program is flagged, all DVRs capable of HD recording, IEEE-1394 from HD cable tuners, all "legal" HD OTA tuners (stand alone or computer) must block or downsize recording to any output other than one inside the HDCP fortress. Such flagged programs can be recorded to a cable DVR so long as non-HDCP outputs (such as analog component) are downsized. Most all current HD equipment contains these "features". All that is stopping it in the USA is a court ruling that Congress can bypass with legislation.

http://en.wikipedia.org/wiki/HDCP
http://en.wikipedia.org/wiki/Broadcast_flag
http://www.eff.org/issues/broadcast-flag

[CubDukat]

Is this for all NBC shows, or just shows produced for NBC by their parent company, Universal?

It's a shame that I have to deal with this because right now I'm stuck using WMC on Vista because the latest version of BeyondTV is totally borked. I've reinstalled it twice, and the program guide's corrupted after a few days, programs refuse to record, my tuners keep "disappearing"--in short, total chaos.

[edDV]

Is this for all NBC shows, or just shows produced for NBC by their parent company, Universal?

It's a shame that I have to deal with this because right now I'm stuck using WMC on Vista because the latest version of BeyondTV is totally borked. I've reinstalled it twice, and the program guide's corrupted after a few days, programs refuse to record, my tuners keep "disappearing"--in short, total chaos.

I think the point of the article was NBC set the flag by accident. By the court order, NBC today has the right to set the flag but electronics manufacturers and cable/sat don't have to honor it. Problem is most HDCP responses are already set in firmware. Cable/Sat determine HDCP response in the flash code loaded overnight.

Recall that Blu-Ray and HD-DVD refrained from setting the HDCP bit until the formats were established. They knew there would be blow back.

My position remains if HDCP or broadcast flags are imposed, those of us that bought "HD-Ready" TV sets or DVHS before 2006 when HDCP was adopted are entitled to a refund because "HD-Ready" will have been revoked retroactively.

Keep in mind that HDTV sets were priced $1,000 to $60,000 back then and useful life expectation should be 10-20 years.

[orsetto]

Keep in mind that HDTV sets were priced $1,000 to $60,000 back then and useful life expectation should be 10-20 years.

Neither Hollywood nor the CE mfrs give a damn that you spent four months pay on a non-HDMI display four years ago, or that it has a life expectancy of 10-20 years. "Early Adopters" are considered valuable guinea pigs only during the early adoption phase, after they work out the kinks and Hollywood steps in to insist on restrictions "early adopters" are relegated to the status of "expendable dummies with big wallets". The CE mfrs are now on a production cycle that requires us to replace this stuff every 3-5 years, the holdouts who refuse will be left behind without so much as an apology. The only thing (besides sheer size) that sells HDTV to the masses is HD content, and Hollywood dug its heels in some time ago that they would not open the floodgates until they could lock out the "analog loophole".

Those who spent big bucks on analog-component-only displays should plan on turning them into coffee tables very soon. Hollywood wants DRM, they want HDMI, and they want analog dead, dead, dead. The ATSC switchover will only accelerate this trend next spring. Everyone whined for more Hi Def, more extensive video-on-demand, and more web availability of content: well, here it comes at the price of your recording freedom. Be careful what you wish for.

[jagabo]

I think the point of the article was NBC set the flag by accident.

Of course, that's what they say. I suspect it was a test to see just how much shit would hit the fan.

[FulciLives]

A good reason to buy the Hauppauge HD PVR since it will record anything sent to it via component video and RCA stereo audio jacks. Only downside is that you will not have discreet multi-channel audio but I for one can live with regular stereo.

- John "FulciLives" Coleman

[jagabo]

A good reason to buy the Hauppauge HD PVR since it will record anything sent to it via component video and RCA stereo audio jacks.

That appears to be the case: I've seen one report of someone recording from an HD VCR with CGMS.A. But AACS (the encryption used on HD-DVD and Blu-Ray) has a sunset date for analog outputs. Devices manufactured in 2011 are only allowed to output standard definition video. And in 2013 they aren't allowed to output any analog video at all. I wouldn't be surprised to see this carry over to all digital A/V equipment like satellite and cable boxes.

[John Whittle]

Microsoft has "repaired" Vista for this problem.
http://www.engadgethd.com/2008/06/10/microsoft-releases-a-patch-for-the-broadcast-flag/

John

[usually_quiet]

Everyone whined for more Hi Def, more extensive video-on-demand, and more web availability of content: well, here it comes at the price of your recording freedom. Be careful what you wish for.

True, though with the imposed switch to digital broadcast TV, it would have happened anyway, just not as quickly.

In spite of advertising the continuation of analog service after February 2009, is easy to see that most US cable providers will soon switch to encrypted digital service with cable boxes like their telco and satellite competitors, for a greater variety of premium packages, more box rentals, and less theft of service.

The reduction of analog cable channels has already begun in my area. In 2006, there were 65. Now there are 61. In mid-August there will be 55, and rates for analog service have continued to go up. There are 1-year discounts being offered on cable box rentals to switch customers to a digital or hi-def package. I suspect it won't be more than a year or two before they notify their analog customers that they need to install a cable box or cable card to continue watching cable tv.

After that happens, I will also need to rent a box for each recording device I own to continue watching and recording different programs. Add to this the fact that there few devices available that have an IR blaster so as to be capable of working unattended with a cable box for multiple recording sessions, and I will practically be forced to rent a DVR from the cable company.

It's no wonder that DVD recorders and VCR's that can record are becoming harder to find. They will still be useful for recordings from OTA sources, but that is only a fraction of the total US market. A media center PC is a fairly expensive proposition. I can't see myself going that route, and I'd still need to rent a box for each tuner to use it with cable. With the need for boxes, broadcast flag recording restrictions and annoying advertising popups/crawls inserted into programming, I am getting far less pleasure from watching TV than I used to.