Draft of 'Broadcast Flag' Treaty Now Available 324
The Importance of writes "If you liked the broadcast flag, you're going to love WIPO's proposed 'broadcast flag' treaty (PDF link). The draft treaty will give copyright-like rights to broadcasters, cablecasters and, if the US gets its way, webcasters. As a broadcaster, you wouldn't have to own the copyright in what you broadcast, but you could still stop people from recording your broadcast, reproducing it or distributing it. The treaty also includes DMCA-like protections, in case you try to circumvent the broadcast flag. The treaty is going to be discussed in Geneva, June 7-9. The draft is discussed over on Corante.com and late last year on the DMCA activists list."
Re:"Fair Use" What's that? (Score:3, Informative)
Re:This really won't change a thing (Score:3, Informative)
What's more, some TV stations actually have the right to republish another station's news content... and that is simply plucked out of the air with no encoding involved. Seriously, CNN has been known to use a Dish Network unit with special permission to view all local stations in order to quickly get access to stations whose breaking news reports they have the right to put on the air. Clearly, that stream is going to need to be produced with the broadcast flag turned off, or devices that ignore the broadcast flag be in existance, in order for the major news networks to continue such content-sharing operations.
Right of Reproduction (Score:5, Informative)
I have only given the treaty a quick scan, and see no fair use provisions
Article 9
Right of Reproduction
Alternative N
Broadcasting organizations shall enjoy the exclusive right of authorizing the direct or indirect reproduction, in any manner or form, of fixations of their broadcasts.
Alternative O (1) Broadcasting organizations shall have the right to prohibit the reproduction of fixations of their broadcasts. (2) Broadcasting organizations shall enjoy the exclusive right of authorizing the reproduction of their broadcasts from fixations made pursuant to Article 14 when such reproduction would not be permitted by that Article or otherwise made without their authorization.
[End of Article 9]
Article 16
Obligations concerning Technological Measures
(1) Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by broadcasting organizations in connection with the exercise of their rights under this Treaty and that restrict acts, in respect of their broadcasts, that are not authorized or are prohibited by the broadcasting organizations concerned or permitted by law.
Alternative V
(2) In particular, effective legal remedies shall be provided against those who: (i) decrypt an encrypted program-carrying signal; (ii) receive and distribute or communicate to the public an encrypted program-carrying signal that has been decrypted without the express authorization of the broadcasting organization that emitted it; (iii) participate in the manufacture, importation, sale or any other act that makes available a device or system capable of decrypting or helping to decrypt an encrypted program-carrying signal.
Alternative W (2) [No such provision]
Article 15
Term of Protection
The term of protection to be granted to broadcasting organizations under this Treaty shall last, at least, until the end of a period of 50 years computed from the end of the year in which the broadcasting took place.
[End of Article 15]
Re:"Fair Use" What's that? (Score:3, Informative)
Re:Important things first. (Score:2, Informative)
Mutilation Mu`ti*la"tion, n. L. mutilatio: cf. F. mutilation. The act of mutilating, or the state of being mutilated; deprivation of a limb or of an essential part.
Sure, it does indeed change the dynamics of sex a little, but from what I understand, a circumcised penis is usually more pleasurable for the woman.
I'm not saying that male circumcision is absolutely and without a doubt not a bad thing, but to compare it to what you compared it to is ludicrous and makes you appear irrational.
Re:It'll be cracked (Score:3, Informative)
Unfortunately the industry learned alot from the DVD encryption issue, and now have put in capabilities to revoke keys. So if I'm playing a dvd in a known cracked player, all they have to do is, on the dvd include it's key info as revoked and they've killed that crack for good. Also a nice way to keep the hardware vendor locked in to the party line, who'd want to suddenly have deal with all their customers DVD players no longer working? Some scary shit if you ask me.
Re:No. (Score:3, Informative)
Yes, the US was eager to get it taken care of. They had an itchy trigger finger, so to speak. Of course, in the space of 10 years or so, Saddam had racked up 17 UN violations. Pity Clinton didn't take care of it.
Re:No fair... (Score:3, Informative)
Re:Call me crazy, but should we worry about a "fla (Score:3, Informative)
Don't forget that the second and most important part of civil disobedience is getting caught and paying for the crime to win the sympathy of the masses. Man I can't wait to see so many of you geeks who like to argue over trivial things go to jail or be forced to declare bankrupcy.
Re:Ok.... (Score:3, Informative)
1. it wouldn't be as flexible as a DVD, and probably quite a bit more expensive.
2. I can't store ~300MB episodes like I can ~3MB songs on my HDD.