Communications Litigation Today was a service of Warren Communications News.

FCC proposal to require ‘broadcast flag’ copy protection in DTV s...

FCC proposal to require “broadcast flag” copy protection in DTV sets “represents an alarming and illegal reversal of consumer rights to record and watch television programming,” said coalition of consumer groups in filing on FCC rulemaking (MB 02-230). More than 1,000 comments were filed in proceeding, virtually all by individuals, including hundreds via Citizens for Sound Economy. Consumer groups also said broadcast flag wouldn’t be effective in preventing commercial piracy of digital content and wouldn’t significantly speed DTV transition, which also is being slowed by factors such as lack of cable compatibility and weak consumer awareness. “By reducing functionality, the broadcast flag is much more likely to slow the transition and leave the new digital media far less innovative and consumer friendly than they could be,” said Mark Cooper of Consumer Federation of America. Groups said Hollywood and broadcasters were trying to use broadcast flag to reverse freedom consumers have had since VCRs arrived to record programming. They also questioned FCC’s authority to mandate broadcast flag technology. Filing also was signed by 11 state consumer groups, 2 other groups. TiVo, meanwhile, said it purposefully designed copy protection into its personal video recorders and supports protection. But it said some media companies’ goals “go far beyond protecting copyrighted material” from illegal copying. It said companies seemed intent on using govt. intervention to prevent copying that was acceptable under current laws.