The RIAA's Push for an Audio Broadcast Flag 374
aaronsorkin writes "The Recording Industry Association of America has discovered that digital radio broadcasts can be copied and redistributed over the Internet, and so it is pushing the FCC to adopt an audio broadcast flag, which would likely prevent users from sending copyrighted radio programs over the Internet. But it could also hamstring other legitimate uses by preventing a digital radio program from leaving the device on which it was recorded. The FCC has initiated a notice of inquiry (pdf), typically a step leading to formal rule-making. The public may submit comments to the FCC between June 16 and July 16. A lobbyist friend sent me copies of the private correspondence on the subject between RIAA president Cary Sherman and Consumer Electronics Association president Gary Shapiro, and Cryptome just posted them here (pdf) and here (pdf). Yes, they're legit. Mindjack just posted an article I wrote on the subject titled, 'Will Digital Radio Be Napsterized?'"
Since when does (Score:5, Interesting)
Re:NX? (Score:2, Interesting)
And it requires specific processors and chipsets that support the command.
My understanding was that it's more for protection of the stability of the OS, not protection of copyrights of software...
Reminds me of Atlas Shrugged (Score:5, Interesting)
How long until people just give up and listen to local music? Leave the RIAA to the sheep, and the sheep to the RIAA, and the sheep will get what they deserve. Remember, the only reason that ??AA organizations have any influence is that people buy their stuff. You have two options: buy their stuff, but don't complain, or don't buy their stuff, and try and support alternative markets - local bands, live concerts, low power FM, etc.
Fair enough (Score:5, Interesting)
So what rights are being infringed here? Unless you're paying a radio station to broadcast your own music to you, you are not in posession of a license to the music. So fair use in terms of copying to your computer, etc. doesn't apply as you haven't purchased anything. One could make the argument from a research standpoint and being able to record samples for the purposes of critique, etc. This would easily be fulfilled by plugging a jack into the headphone slot and recording the non-digital output to tape or via line-in on a computer and you'd still get better quality than any non-digital radio station that exists today.
Honestly, I don't see an issue here.
When a man is drowning... (Score:5, Interesting)
This is really the RIAA and its members going down for the 3rd time.
What I'm really waiting for is for the sh*t to hit the fan when Joe Six Pack buys his $3K HDTV, and pays Comcast $150 a month for HDTV content and then another $2K for his Digital VCR (or DVD or whatever), and he presses the RECORD button to tape the latest Victoria Secret underwear show, and a message pops up that says "Due to copyright restrictions, you may not record".
All of the sudden people will understand what people like the EFF have been complaining about for years.
Right now, congress and the FCC is passing these goofy laws and regulations because there's no downside; broadcast flag? Sure. DRM? Sure. Whatever will keep Hollywood happy.
But when people begin to complain about losing their ability to do what they do today, people are going to be very unhappy, and that's the stuff that brings people out to vote. Remember, Florida? It only take a few people to tip an entire election.
DRM on consumer audio in the past has been the death of a new format. I don't think things have changed that much. Unhappy consumers won't buy stuff.
And if consumers aren't buying TV's, Radio's and Computers because of Hollywood/RIAA lobbying, things will change quickly.
Re:easy to bypass (Score:3, Interesting)
I don't think anyone would care if the RIAA wanted to make all broadcasts have a bit that says it is copyrighted, what makes us mad is that they want to force all the electronics makers to not allow the owner of the electron device to use all aspects of the device on media with this bit set.
Re:FUCK RADIO (Score:4, Interesting)
Otherwise, radio for me died when I turned it on, heard the same songs I had heard 12 months before played every 2 hours, turned it off for 2 months, turned it on (same songs from 2 months ago every few hours), turned it off for 4 months, and repeat.
I figure another 8 months and I'll see if anything new is playing. Till then, forget it.
You are mistaken (Score:5, Interesting)
This happens all the time. Ever heard that famous Hindenburg broadcast? How about snippets from famous radio shows?
It's no good to say you should make your own analogue recording. That's an artificial limit to fair use. What if said journalist is a poor starving student who does everything on a home computer? Are you saying students have to buy D/A and A/D converters to become journalists?
You can't start limiting fair use, or it becomes unfair use.
This is just another failed attempt... (Score:4, Interesting)
This technology, like Macrovision (that's not technically digital, but it fits), DVD's CSS, Adobe PDF, Zip File Passwords, iTunes, SDMI, Microsoft Reader, DirecTV, those silly self-destructing DVDs, faulty CD Toc's, autorun-based protection, SecuRom, Game Consoles, LaserLok, and any other number of protection technologies, it will be defeated, broken, or bypassed).
Hundreds of man-hours, hundreds of millions of dollars in development and marketing, and the only real protection still lying around is simple cryptography (and only when the keys aren't given to users at all, instead of this "hide it in the box, but don't tell anyone" crap).
The only real reason to be concerned is the "stifiling innovation" issue. What devices, technologies, or uses will I lose because of this? To some extent, it benefits open-source, as open-source software can address markets made smaller by the fact that the only way to use the services the way you want is to break the law.
However, how many cool gizmos, gadgets, and whatnots haven't been made, thanks to the DMCA etc.?
Just a little something to think about.
Re:Another useless "feature" (Score:5, Interesting)
Yes, it will probably be easy to circumvent, as is true with many other copy protection schemes.
But what this AC fails to realize here is that by instituting a legitimate 'copy-protection feature' (albeit very flimsy) it serves only as a legal lightning rod for copyright violation lawsuits. Furthermore, it bolsters the media's image of attempting to protect what it has, lest someone contests the issue that it more or less 'looks' like they don't care who violates copyright for radio broadcasts. Also the latter may not be much more of a deterrent, but I'm sure the members of the RIAA have shareholders (not just customers) to think about too.
Think of it this way: how much easier would it be to circumvent being fined, or contest and reduce those fines, for speeding if the limit wasn't even posted? The RIAA is now just trying to put the signs up.
IMO, if this goes through, the FCC/RIAA will be able to say that people have 'willfully broken/violated a protection measure' rather than just saying 'they ignored copyright law'. (DMCA anyone?)
OK RIAA, time to fuck off. (Score:1, Interesting)
Unlike those poor people who are afflicted with paranoia and obsessive-compulsive disorder, there is no treatment or hope for you. I don't want anything to do with you.
Keep your precious copyrights and DRM and be miserable in your own little reality without your customers.
In other words, fuck off.
If I listen to a song... (Score:2, Interesting)
Peace
Old programs? (Score:3, Interesting)
Far be it for me to say... (Score:1, Interesting)
--
Rich H
This will be easily defeated (Score:4, Interesting)
A.) will only be present on new systems so old hardware will still work(how much computer do you need to stream rip any way).
B.) because as long as you can hear it you can record it. so perhaps the sound will have to be recorded right off the analog output by the very same computer that is playing it, after extracting the ID3 of course.
C.) if by some magic they make it work and be fool proof people will simply go back to cd ripping and file sharing. By that time the new encrypted networks will be better and harder to sue users of.
This will only add another teer of complexity and another charge that they can sue the file makers for.
"FROG!"
Re:You are mistaken (Score:3, Interesting)
It's no good to say you should make your own analogue recording. That's an artificial limit to fair use. What if said journalist is a poor starving student who does everything on a home computer? Are you saying students have to buy D/A and A/D converters to become journalists?
Your argument doesn't hold up. Fair use doesn't mean that you have all the equipment supplied for you to take advantage of that use. If you have the wrong equipment, then it's *your* responsibility to go out and acquire the equipment necessary to take advantage of your rights. What about the poor starving student who has *no* equipment? Would you argue their fair use rights are being denied because they have neither analog nor digital? Of course not. It's not a restriction of fair use just because the only available option is recording a 99% accurate analog version.
Re: Third option (Score:1, Interesting)
Don't buy their stuff. Instead, download it for free.
Yes, its a civil tort. But, frankly, you shouldnt of closed the door on it.. as its what the majority of people involved in this whole activity are doing.
Me?
I listen to my digital cable radio. Thats pretty much it.
Re:Foolish. (Score:2, Interesting)
The FTP and NNTP networks are still alive and well and until the big ISPs and NSPs start sharing their download logs with the **AAs they are infinitely safer legally as well as practically.
Re:*sigh* they still don't get one simple fact (Score:3, Interesting)
Now, nothing I said is particularly *easy*. Getting the technology in the marketplace is just beginning. And developing robust watermarks that survive re-encoding, D/A & A/D conversions, etc, is difficult. But, that's not to say it's impossible.
Re:*sigh* they still don't get one simple fact (Score:3, Interesting)
This is all about putting a legal framework in place to enforce controls on "content". Whether the controls are technically effective is completely beside the point. As long as they can get you wrapped into the legal system for sidestepping them, that's all that matters.
BFD, doomed to failure (Score:3, Interesting)
Re:Song of the piracy apologist (Score:4, Interesting)
Yes, that's the piracy side of it. There's still a very large legitimate user side to it as well. Your attempt to group those together demonstrates that you really don't understand what you have obviously spent so much time writing about. Here's an example:
"That has nothing to do with piracy. You don't have the right to pirate music because you believe $11.99 is "ridiculously priced." Even iTunes is currently
An album is $12 whether you like every single song on it or not. I happen to know for a fact you have at least one CD that has precicesly one song on it you like. $12 for that one song isn't ridiculously overpriced? Face facts, the driving force between making the $.99 song available is because people 'pirated', as you call it.
Pardon me for thinking you are full of shit. Seriously, if it's all about 'getting something for nothing' like you have stated, then $400 iPods wouldn't be flying off store shelves. iTunes wouldn't have sold millions of songs. Heck, you'd probably be paying up to $20 per album. Go explore the other side a little while before blindly calling honest people pirates.
Re:easy to bypass (Score:2, Interesting)
OM${DIETY}, now you're making me miss AOR (or "Album-Oriented Radio", for all you infants in the audience). You know, the deej would say something inane and soothing about the next 22 minutes of music, and then shut up and spin an ENTIRE SIDE of an LP. (You know, "Long-Playing" album? Vinyl? Black disk-shaped thing with the litte hole in the middle? Sheesh, kids.)
Ah, taper heaven.
To hear the RIAA talk now, I can't imagine how those radio stations made money. The rampant theft of copyrighted album sides! Oh, the humanity!