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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."
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Draft of 'Broadcast Flag' Treaty Now Available

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  • by scumbucket ( 680352 ) on Wednesday April 07, 2004 @03:34PM (#8795615)
    With the hardware that most manufacturers build and work with, the sort which a broadcaster would use to both create and monitor their transport stream, the ability is needed to record and play back at will, thus, such a flag would pretty much be ignored by most systems if implemented. Besides, if you end up modifying the ATSC standard, in order to prevent breaking all previous encoders/decoders on the market, you would need to make such modifications to portions of the stream which are unused, and existing off the shelf parts would ignore such a modification. Thus, the protection starts off ineffective.

    Even after the existing non compliant decoders/recorders/etc on the market are retired to due age or death, newer hardware which ignores such protections would still be available, you'd just have to pay a fair amount.
  • by October_30th ( 531777 ) on Wednesday April 07, 2004 @03:34PM (#8795621) Homepage Journal
    you wouldn't have to own the copyright in what you broadcast, but you could still stop people from recording your broadcast

    I don't see what's so outrageous about this.

  • Too many bosses (Score:3, Interesting)

    by stanmann ( 602645 ) on Wednesday April 07, 2004 @03:34PM (#8795622) Journal
    I am a citizen of the US, I vote for my "leaders" and one way or another have a say in the laws I must follow. BUT A treaty saying what I can and cannot record.

    BAH!

    Those who won't follow it can't be forced to and those who will aren't offending anyway.

    Taiwan will still be the primary source of bootleg video movie and software and the US will be a primary consumer.
  • by Unnngh! ( 731758 ) on Wednesday April 07, 2004 @03:36PM (#8795640)
    Depends...I remember toward the end of the VHS days, many manufacturers started limiting the signal strength on the tape. The tape would then play back to a monitor but any recordings would be unwatchable. You had to use a signal booster to record. They could possibly limit the signal strength and these technologies would not work.
  • Content (Score:5, Interesting)

    by Archangel Michael ( 180766 ) on Wednesday April 07, 2004 @03:38PM (#8795664) Journal
    Lets see:

    Good content sometimes makes money.
    Bad content sometimes makes money.
    Good content sometimes loses money.
    Bad content sometimes loses money.

    YET people still make money making content WITHOUT restrictions on "fair use". The question is, does RESTRICTING fair use make MORE money or LESS money?

    The various media outlets know that CONTENT is going to be King soon, and that Advertisements are slowly going to lose out.

    They are trying to prop up revenue streams with bad ideas that aren't going to work. All technological measures can be twarted, and in the long run, do not work.

    People will pay for content worth consuming. Bands will have to play more concerts, poets will have to do more readings etc. Recording is/was just a new form of revenue which has approached the end of its useful life, in regards to generating a profit stream.

    Now we are going to have to go back to what worked 200 years ago, before we had TV, Radio and the Internet.
  • by fahrvergnugen ( 228539 ) <fahrvNO@SPAMhotmail.com> on Wednesday April 07, 2004 @03:38PM (#8795674) Homepage
    This seems like as good a time as any to ask:

    In the discussion following a similar article a few months ago, someone posted a list of the different states for the broadcast flag, and their corresponding values (ie. 000 forever, 001 1 hour, 010 2 hours, etc.). However, I've been unable to find it again.

    Does anyone have this information that they could re-post here? It's pretty relevant to the current discussion.
  • by grub ( 11606 ) <slashdot@grub.net> on Wednesday April 07, 2004 @03:40PM (#8795693) Homepage Journal

    such a flag would pretty much be ignored by most systems if implemented.

    At the moment, sure. However I don't doubt for a moment that there is a concentrated effort to develop and patent a chip which all broadcasts will have to pass through before it hits the TV set. The V-Chip is already in TVs but that's just to keep kids from seeing "bad" TV, the next step is having the broadcasters control what we do with the signals, as if we're all children.

    nb: I cancelled my cable months ago
  • by JoeShmoe ( 90109 ) <askjoeshmoe@hotmail.com> on Wednesday April 07, 2004 @03:41PM (#8795705)
    Of course, I'd dearly like to know what exactly this broadcast flag is supposed to be...but I'm willing to bet that this broadcast flag is going to essentially come down to a small sequence of bits (like the "second generation" marker that is used to prevent you from dubbing one MiniDisc digitally to another) or a signal overlay (like Macrovision that causes severe degredation if you copy the content). I don't think there's ever been a time that all the various hardware and content groups have been able to agree on a standard.

    So, here's how I think it will shake out. There will be a small bit sequence in a digital broadcast that says "do not copy". It will be trivial to add that support to hardware, and simple to include that in broadcasts.

    AND ...simple to remove. Sure, the majority of the audience will be stymied, seeing the error message on their VCR/PVR/DVR and giving up, but there will also be a large percentage...the same people who go out and purchase "video enhancers" to remove Macrovision...that find ways to defeat it. That works for me. Sure, we are breaking the law, but it's civil disobedience, just like making backups of your DVDs and, just like the original Betamax case, time shifting your viewing material.

    Maybe, eventually, some company somewhere will sue people who bypass this signal, or a company who makes a signal filter. When that happens, hopefully they will have the balls to take it through the court system to try and positively affirm the public's rights the way previous cases have.

    - JoeShmoe
    .
  • by denis-The-menace ( 471988 ) on Wednesday April 07, 2004 @03:51PM (#8795810)
    They want their content displayable on any device but they don't want to pay for the devices.
    I paid for the TV set.
    I paid for the PC. (The P is for Personal, remember?)
    They came up with the DVD player and the Xbox. Fine, make those gadgets able to read DVD and obey *Their* rules. That's implied.
    If they want PCs to read them too, well then, they can't have it both ways!

    These TV people and Spammers want the same thing: a Free Ride on US.
  • Entitlement (Score:3, Interesting)

    by PitaBred ( 632671 ) <slashdot&pitabred,dyndns,org> on Wednesday April 07, 2004 @03:54PM (#8795861) Homepage
    Because you not only get a chance to make money, but you're entitled to it, and if anything changes and you can't adapt, fuck them, change the law so you're still profitable.
    We Americans as a whole have become a bunch of self-important, arrogant, whiny twits, who seem to believe that we are owed something simply because we exist.
  • by broothal ( 186066 ) <christian@fabel.dk> on Wednesday April 07, 2004 @03:57PM (#8795891) Homepage Journal
    Man - I can't even watch a movie or listen to music without feeling like a criminal. It's time we invented a new form of entertainment. Open source entertainment with a GPL like license. In the 90's it was "information wants to be free". In the new millenium, entertainment wants to be free. (That's not free as in beer)

    Standard disclaimer - I am an entertainer, and I do both "freeware" shows (open mic nite) and paid shows.
  • by grub ( 11606 ) <slashdot@grub.net> on Wednesday April 07, 2004 @04:00PM (#8795917) Homepage Journal

    Not as long as I (and about a million other Engineering graduates) know how to build ADCs and DACs from scratch.

    Just wait... one day you'll have to go to a DMCA accredited school for those courses and sign legal forms saying you'll only use your knowledge for Good (company profits) and not Evil (fair use)
  • Re:DMCA & Such (Score:2, Interesting)

    by OverwhelmingAmoeba ( 612180 ) on Wednesday April 07, 2004 @04:16PM (#8796080)
    It all amounts to revenue. TiVo and other PVR technologies have spared us from the hell known as commercials. Forcing folks to watch commercials is not the solution to the problem. There will be ways around this technology once it comes into widespread use. And lets not kid ourselves, it's all about people skipping commercials. People capturing, burning then selling last weeks episode of "Friends" is not really a major problem. The logic is that if people skip through commercials, they won't buy the product featured, which in turn make advertisers less likely to purchase airtime and the network losses money. This is just another case of big business wanting to maintain their antiquated business models instead of adapting to new technologies.
  • by 3terrabyte ( 693824 ) on Wednesday April 07, 2004 @04:16PM (#8796088) Journal
    Maybe, eventually, some company somewhere will sue people who bypass this signal, or a company who makes a signal filter.

    There's no MAYBE in that sentence. It is absolutely going to happen. With the DMCA tied to this, it will be illegal to even try and make a machine that will ignore the broadcast bit. And they've learned from their mistakes from DeCeSS, and failing to sue DVD-John from Norway.

    The companies are slowly lining up everything exactly the way they need it to hit a home run and have an iron fist on this right out of the starting gate.

    Ever wonder why HDTV is going so slow in catching on? Because they want to get all this crap out of the way to start with.

    And the U.S. government will pass ANY LAW they can to make this happen because they have a deadline on selling all the HDTV airwave range to these companies. They desperately HAVE to sell this spectrum to the content companies because it's been allocated in their budgets for many years now.

  • Re:No. (Score:3, Interesting)

    by caseydk ( 203763 ) on Wednesday April 07, 2004 @04:20PM (#8796141) Homepage Journal


    After all, the UN has always stood for freedom.

    Until you read Article 29, Section 3.
  • Re:DMCA & Such (Score:5, Interesting)

    by canajin56 ( 660655 ) on Wednesday April 07, 2004 @04:47PM (#8796576)
    Consider a hypothetical political activist that wants to tape broadcasts of the president saying contradictory things on two different occasions, and use these recordings in a documentary.

    Sounds un-American. If this political activist would just check the Whitehouse transcripts on their website, he would realize that the president did not, in fact, say those contradictory things. Since recoding these broadcasts is now illegal, by showing them in the first place, we have established that he is a criminal. And, since he is a criminal, he would clearly not be above faking the entire thing.

    And that is how they WANT it. They already alter their transcripts and say that the reporters misquoted him, and that the video footage is faked. For example, the footage of the kid sitting behind bush and falling asleep during his speech...the Whitehouse said it was faked, and CNN reported it as a hoax. When it was established that it WAS real, the Whitehouse denied denying it, and the Media said you had misheard them, thw Whitehouse never said it. It must have been a mixup, because they are pretty sure nodbody told them it was a hoax, some poor employee just made it up as a joke...

    In closing, the chocolate ration increased today!

  • Re:No. (Score:2, Interesting)

    by Anonymous Coward on Wednesday April 07, 2004 @05:10PM (#8796923)
    Article 29. (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.


    I know I'm just talking to an idiot kneejerk redneck from BackWater, Alabayma, but how is that different than Article. III, Section. 3 of the US constitution, which explicitly talks about treason?

  • by lannocc ( 568669 ) <lannocc@yahoo.com> on Wednesday April 07, 2004 @05:16PM (#8797023) Homepage
    What would a requirement to use the broadcast flag mean for a software radio like the GNU Radio [gnu.org]? It seems to me that once software radio matures to the point where we can interpret these transmissions in real-time then all the software has to do is ignore the broadcast flag. Or do will they try to require all software to adhere to this flag as well?
  • Re:oh, well (Score:3, Interesting)

    by absurdhero ( 614828 ) on Wednesday April 07, 2004 @05:19PM (#8797060) Homepage
    Exactly what I was thinking. They keep their content, I'll make my own and distribute it with the bf off. Its just like proprietary software. It will fail because independant broadcasters will render it obsolete, or, if that is illegal, oh well. I guess I won't be watching television or listening to recorded music from large record labels. It's their loss.
  • by payndz ( 589033 ) on Wednesday April 07, 2004 @06:02PM (#8797619)
    This is what pisses me off about the so-called 'global economy'. It's fine for corporations to shop around for the lowest possible costs of production (and if that involves sacking thousands of workers in that corporation's home country, then so be it), but god forbid the *consumer* be allowed to do the same thing! How dare they! The drones are supposed to buy what we tell them, when we tell them, at the price we tell them! Just shut up and consume like we tell you!

    Sooner or later, the whole system is going to implode. And it'll be nasty. I doubt restricting people's ability to record their favourite TV shows will be the catalyst... but it's not going to help. (Maybe Ashcroft's anti-Pr0n crusade will be a contributing factor!)

  • This will hurt HDTV (Score:2, Interesting)

    by Prototerm ( 762512 ) on Wednesday April 07, 2004 @06:10PM (#8797702)
    And another thing...

    My understanding is that the broadcast flag (at least in the US) is primarily aimed at High Definition broadcasts sent over the air, not via cable or satellite. Analog VCR's, and non-HD Direct Tivos won't be affected (I don't know about cable).

    The way I see it, this will threaten the adaptation of HDTV by the American public before the deadline set by Congress (2006? 2007?), and cause the broadcasters more angst than copying.

    For myself, I'm quite happy with analog TV (the little that I watch it). I have no intentions of spending a fortune for a High Def home theater. And, if I have to choose between High Def and my Tivo, the Tivo will win hands-down.

  • Re:No. (Score:2, Interesting)

    by dolphinling ( 720774 ) on Wednesday April 07, 2004 @06:50PM (#8798146) Homepage Journal
    Hm. Well, if just UN violations is the way you're counting, Bush definetly ranks up there pretty high as well, not to mention all the non-UN-related stuff that he's done like saying the First Amendment only applies in certain areas [sptimes.com], TWICE [wage-slave.org] (you'll have to scroll that page, sorry, no anchors). But anyway, the rest of the world agreed that a war was NOT necessary or at all the best way to go about things (and they've been proven correct) so yes, the US did have "an itchy trigger finger".
  • Re:No. (Score:3, Interesting)

    by NanoGator ( 522640 ) on Wednesday April 07, 2004 @07:03PM (#8798289) Homepage Journal
    "Yeah.. which is exactly why many have a problem with it. An itchy trigger finger is likely to get you in jail, even in the USA, why would it be acceptable behavior from a country as a whole?"

    Why are you asking me? I didn't say it was acceptable. I think the UN's lack of action was less acceptable, however. Nobody seems to care about that. Guess it's easier to hate the US than it is to see the problem that the UN created.

    "Untill you realize that big friend Israel has been racking about double that amount of resolutions since 1867 alone.. when is the USA gonna take action there?"

    Not really relevant to this dicussion, sorry.

    "The bottomline is that GW and soem peopel he appointed to his government had an issue to settle with Sadam still. GW because he doesn't like peopel who try to kill his dad, and some peopel in his government because of wanting to finish what they had started when Bush senior was president."

    Not a very strong point as Clinton had Saddam's ousting on his schedule as well. Even if this is about revenge for attempting assasination of Bush Sr., there's still the matter of the rest of the staff going along with it. Not very impressed with this argument.

    "The rest fof it was a partially made-up, and completely blown out of proportion argument to justify it."

    Perhaps. The problem is we don't know if the info was made up, or just unreliable. It's bad either way, but it would be interesting to know from a motive stand point.

    One thing to consider, though, is re-election. Would Bush really roll the dice to make up a reason to hit Iraq and risk it being sniffed out just before the 04 election? Frankly, I'm not convinced of this. I mean seriously, how would he possibly talk Blair into going in on it? It's possible, but it doesn't make that much sense.

    "Luckily there are many Americans who are sick of the idiot attitude of their current government as well and don't want to be ruled by a bunch of lying fascists, I hope they manage to do something about it because the way things are now, the USA is going to cause a major war if not a 3rd world war."

    Heh. Well the only way we're going to fix our government is to radically change how people get into office in the first place. There is a lot of bad motivators out there to get into office, and a lot of crappy ways (i.e. abuse of the media) to get in there. It's not a matter of electing the right man, that's futile, it's a matter of removing those bad influences.

    As for the 3rd world war, sorry, no, that's just not in our future. I don't doubt that more blood will be spilled, but it's very difficult to imagine that it'd escalate to nuclear proportions. A lot of things would have to change.

  • Re:No. (Score:3, Interesting)

    by SillyNickName4me ( 760022 ) <dotslash@bartsplace.net> on Wednesday April 07, 2004 @07:38PM (#8798617) Homepage
    > Guess it's easier to hate the US than it is to see the problem that the UN created.

    Not exactly, I guess it is easier to blame the UN for the consistant undermining by the former USSR and the USA mostly (China had a bit of a share as well)

    Does the UN need reform? definitely. But one of the most needed reforms is getting rid of the veto. That would have meant that France would have been unable to sabotage the discussion about Iraq (maybe with the same, maybe with a different outcome) and it would stop the USA from sabotaging any efford to get a less one sided picture of the situation in the middle east.

    > Not really relevant to this dicussion, sorry.

    As you can read from the above, it is very relevant because in both cases the inaction of the UN is caused by the exact same thing.

    Also, it is relevant because the USA uses the exact same argument to block any actions regarding the middle east (linking it to other unresolved situations)

    > Heh. Well the only way we're going to fix our government is to radically change how people get into office in the first place. There is a lot of bad motivators out there to get into office, and a lot of crappy ways (i.e. abuse of the media) to get in there. It's not a matter of electing the right man, that's futile, it's a matter of removing those bad influences

    And there I can agree completely.

    > As for the 3rd world war, sorry, no, that's just not in our future. I don't doubt that more blood will be spilled, but it's very difficult to imagine that it'd escalate to nuclear proportions. A lot of things would have to change.

    You really think so?

    It may be hard to imagine from your point of view, but that would be because of being out of touch with what the behavior of the current administration is triggering outside the USA.

    In the end the most dangerous part of what the current administration is doing is demonizing anyone who disagrees with them. That is simply bound to make you a lot of enemies. SO while they may not be the first one to hit the button, they very much create the circumstances in which dangerous idiots can gather popular support and do very foolish things.

    Just to get something straigt, I do not believe the USA as such is evil, nor that its peopel are. I do however believe that there are a few very misguided ideas about the world that have gotten a hold there, esp. among the current administration and their closest supporters, but with a resonance among a much broader part of the population.

    You can get away for a while with not caring about that rest of the world with regards to what they think and want, but seeing how they have like almost 20x the number of people, and happen to have most of the real dangerous tech as well, that is really not going to last, and is bound to backfire very badly. That is why I am saying they have a decent chance of triggering a 3rd world war, I wasn't so much saying they'd start it directly.

  • by jnicholson ( 733344 ) on Wednesday April 07, 2004 @08:18PM (#8798911) Homepage
    Don't underestimate the strength Joe & Janet Sixpack's wish to timeshift their soaps & reality TV fixes. That might be enough, if the bit does it wrong.
  • by Anonymous Coward on Wednesday April 07, 2004 @10:45PM (#8799899)
    "Joe Sixpack" will not have any problems. He will hit record, and his PVR will dutifully record the show. The Broadcast Flag has absolutely no effect on that. If his PVR has a DVD burner, he can even make a copy of it on HD-DVD, and give it to a friend.

    The hardware he buys will have DRM included in every aspect of its operation. So, since he stays in that narrow realm of allowed usage, Joe will not have any problems. (The HD-DVD is CPRM protected, so any device that can read it, won't make copies, or let you copy it to a PC).

    The problem comes in when you or I want to go beyond viewing it on our industry licensed and approved hardware.. If I want to pull the video into my editing program, to trim it down and remove commercials before archiving.. I'm out of luck. If I want to view it on my open source operating system, I'm out of luck. If i want to view it on my current PC, which does not have the DRM built in, I'm out of luck. If I want to transcode the HDTV program down to DVD resolution, or into MPEG4, for viewing on my laptop or archival, I am out of luck...

    The question is, will the outcry from the more advanced users be enough to impede the big media players and all the congressmen they own? I doubt it.
  • by hwstar ( 35834 ) on Thursday April 08, 2004 @12:41AM (#8800538)
    This treaty is not being created to bring other countries in line. It is being created to do an end-run around the US constitution to bypass the fair use provisions in the copyright. You see, ratified treaties can take precedence over things written into the constitution. Only one other country needs to ratify it in addition to the US and fair use will be trumped. IOTW: THIS TREATY IS DESIGNED TO ENFORCE THE BROADCAST FLAG HERE IN THE US.
  • Re:No. (Score:3, Interesting)

    by Openstandards.net ( 614258 ) <`ten.sdradnatsnepo' `ta' `todhsals'> on Thursday April 08, 2004 @01:37AM (#8800703) Homepage
    "Does the UN need reform? definitely. But one of the most needed reforms is getting rid of the veto"

    It blows me away how many people are completely unaware of why the UN was created. It wasn't created to be a world government body to solve all the world's problems. It was created to prevent WW III, which primarily involving giving the super powers a forum to work out disagreements instead of declaring war. The atom bomb had a lot to do with why the UN was created.

    Veto power was and still is the only means of keeping the superpowers (those with the most nukes) involved, primarily the US, Russia and China. This hasn't changed. Proposing getting rid of veto power is an invitation to nuclear holocaust, because the US, Russia and China would simply withdraw. They have no incentive to permit smaller nations to dictate what they can and cannot do. If a ruling passed they disagreed with they could either ignore it, or go to war if the ruling resulted in harm to their country (e.g., global embargo of the US.) The veto power is the only thing that protects them from "majority rule".

    This seems illogical to a lot of people, particularly if you subscribe to the philosophy that the majority is always right. But you really have to ignore the concept and reality of what a superpower is to pretend that no veto could ever work. Being a superpower means that even the UN and all the nations in the world can't force you to do something that you don't want to do. The solution? Why create a war over it when you can simply veto it?

    The reason France was given veto power is slightly different, but at the time it revolved around ensuring stability in Europe.

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