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Television Media Your Rights Online

NBC Activates Broadcast Flag 430

I Don't Believe in Imaginary Property writes "NBC activated the 'broadcast flag' on a number of shows this week, ranging from American Gladiator to Medium, which prevented compliant programs like Windows Media Center from recording them. The matter is being 'looked into,' but that doesn't tell us whether it was an accident or a ploy to see how outraged viewers would be at being stripped of the time-shifting rights they've enjoyed ever since Sony v. Universal. Just in case it's the latter, it wouldn't hurt to let them know what you think."
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NBC Activates Broadcast Flag

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  • by Macthorpe ( 960048 ) on Thursday May 15, 2008 @07:00AM (#23416096) Journal

    The matter is being 'looked into', but that doesn't tell us whether it was an accident or a ploy to see how outraged viewers would be at being stripped of the time-shifting rights they've enjoyed ever since Sony v. Universal.
    Just in case you don't know which one the submitter thinks is true, it's the latter...
    • by adpsimpson ( 956630 ) on Thursday May 15, 2008 @07:21AM (#23416272)

      Whether the flag was set on purpose or not, it indicates that any system paying any attention to it is broken.

      Time shifting was ruled many years ago as an allowed privilege. That doesn't change when the broadcaster says they don't want it any more (remember who brought the court case to try and ban it? The broadcasters). It certainly doesn't change when your computer decides to deny you that ability.

      • by damienl451 ( 841528 ) on Thursday May 15, 2008 @07:48AM (#23416524)
        Time shifting is not a right, it's a defense. It means that you cannot be found guilty of copyright infringement if you time-shift some TV shows. However, it does *NOT* mean that networks cannot implement measures, such as the Broadcast Flag, that prevent you from time-shifting. The law does not require copyright holders to allow users to exercise their fair use `privileges', it simply says that fair use is not copyright infringement.
        • by electrictroy ( 912290 ) on Thursday May 15, 2008 @08:11AM (#23416788)
          That's okay.

          We still have a vote.

          We can vote with our dollars & stop watching NBC. Get your shows from alternate sources like DVDs. When NBC Broadcasting sees its ratings drop to 1.0% of the nation, then maybe it will wake-up (or go out of business). THE PEOPLE hold the power to kill corporations. They just need to learn to exercise that power.

          • by Amouth ( 879122 ) on Thursday May 15, 2008 @08:27AM (#23416984)
            i look at it this way.. i have a box set up with media center (hey it does a good job).. the only TV i watch is what i records - if there is nothing recorded then i don't watch anything and go do something else..

            if they block the recording .. that is fine with me.. it means i will never have something to watch and will go on with my life as if their channle never existed.

            i will admit.. while my wife when she watchs stuff alwasy fastforwards through ads.. personaly the TV is back ground noise to what ever i am doing .. be it a book or a game or something.. so i while i pay enough attention to get the story the show is portraying.. when the ads start my brain shuts off.. so i don't fastforward them.. all they are doing by this is preventing people from seeing any of their content.. if that is what they want.. it is their own foot they are shooting.. not mine
          • Given NBC's ratings, who is going to boycott them? Until Heroes and then Chuck, I don't think I watched a show on NBC in YEARS. It's hard to boycott NBC when they are the little watched network as is.
          • by Dragonslicer ( 991472 ) on Thursday May 15, 2008 @09:13AM (#23417598)

            We can vote with our dollars & stop watching NBC. Get your shows from alternate sources like DVDs.
            Buying DVD's would do exactly the opposite of what you want. The studio that produces the show makes money from every DVD sale. The studios only make money from the broadcasts by selling advertising, so if you aren't a Nielsen house, whether or not you watch the broadcast doesn't change the studio's income.
            • Re: (Score:3, Insightful)

              by STrinity ( 723872 )

              The studios only make money from the broadcasts by selling advertising,

              No, the studio makes money by selling broadcast rights to the network, which makes money by selling advertising. Studios and networks are separate entities, though they're sometimes owned by the same parent company. Note that all of Joss Whedon's shows have been produced through Fox, but only one of them aired on the Fox Network.

              If NBC puts a broadcast flag on a show that wasn't produced by NBC-Universal and you decide to buy the DVD

          • Re: (Score:3, Interesting)

            We can vote with our dollars & stop watching NBC. Get your shows from alternate sources like DVDs. When NBC Broadcasting sees its ratings drop to 1.0% of the nation, then maybe it will wake-up (or go out of business). THE PEOPLE hold the power to kill corporations. They just need to learn to exercise that power.

            Three things.

            1: 99% of the country does not care what you think, and will not give a rat's ass if NBC sets the "broadcast flag", the "liberal flag" the "1984! flag", or the "evil bit." If their Tivo or DVR breaks, they'll blame the manufacturer -- who should be able to patch their box to allow time shifting lickety split.

            1a: So, the ONLY people who care about the broadcast flag are folks using Windows Media Player to record TV? Is there ANYONE like that?

            2: You cannot kill a corporation. At best, you can

        • by haeger ( 85819 ) on Thursday May 15, 2008 @08:15AM (#23416830)
          It's almost like they want me to go to The Pirate Bay and get my media fix. Seeing how this is the simplest and least annoying way of enjoying my favorite shows.

          .haeger

        • by davolfman ( 1245316 ) on Thursday May 15, 2008 @08:18AM (#23416876)
          That said copyright exists because it is granted by society. Fair use is part of the social contract by which it is granted. Actively preventing fair use was never possible before so I just don't think the law has caught up with the need to Nullify copyright for those who break that social contract.
        • by roystgnr ( 4015 ) <roy@stogn[ ].org ['ers' in gap]> on Thursday May 15, 2008 @08:48AM (#23417268) Homepage

          it simply says that fair use is not copyright infringement.

          At least, that's what the law used to say, before the DMCA case against DeCSS confirmed that software for decoding someone's video obfuscation scheme is an illegal "circumvention device". I'd like to know whether a court thinks that "removes or ignores broadcast flag" would be a similarly illegal property for a consumer device to have, but I suspect that the threat alone will persuade many PVR manufacturers to avoid pushing the issue.
        • Re: (Score:3, Insightful)

          by Rich0 ( 548339 )
          Time shifting is not a right, it's a defense. It means that you cannot be found guilty of copyright infringement if you time-shift some TV shows.

          Try using that defense after selling a DVR with an HD tuner that ignores the flag.

          However, it does *NOT* mean that networks cannot implement measures, such as the Broadcast Flag, that prevent you from time-shifting.

          The problem is that it isn't the networks implementing these measures - but the FCC. It is illegal to manufacture a DVR that does not respect the fla
      • by yuna49 ( 905461 ) on Thursday May 15, 2008 @08:01AM (#23416668)
        The broadcasters didn't sue Sony in the Betamax case; the studios did. (The original suit is Universal, et. al. v Sony.) It was their product that was allegedly being infringed by taping. The broadcasters either didn't care, or quietly supported taping since it would ultimately expand their audience reach.

        Of course, today NBC and Universal are both owned by General Electric [ge.com], so their interests are now aligned in a way that was legally impossible in 1976. Now that we've abolished the "financial interest [museum.tv]" rules, the sharp divisions between content and conduit in US television have dissolved.

        How do someone a get a "+4, Informative" when the information being presented is wrong?
  • From the site: (Score:5, Insightful)

    by Daimanta ( 1140543 ) on Thursday May 15, 2008 @07:02AM (#23416118) Journal
    "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."

    Well well, another reason NOT to use Vista MCE. If you simply ignore a broadcast flag this only annoys people who pay for commercial software. I, on the other hand, couldbuild a MythTV box without any problems whatsoever :)
    • Pretty sure GBPVR on Windows would also ignore the broadcast flag.
    • Re:From the site: (Score:5, Insightful)

      by adpsimpson ( 956630 ) on Thursday May 15, 2008 @07:18AM (#23416246)

      It does seem ridiculous when any form of security is built around proprietary software telling you what you can and can't do.

      If timeshifting is a court-granted right, then a broadcaster saying you can't do it and a recording system believing them should be plenty of evidence that it's time to change to a system you control.

      There have been many cases of this recently, but essentially it's the Alice/Bob/Charlie situation - Alice wants to send Bob some data, without Charlie getting it. The problem with ANY form of DRM is that Bob and Charlie are the same person.

      If Vista refuses to record it cos it's told not to by the broadcaster ("Oh, uh, I'm Bob, right? I can watch this! No, hold on, who am I? Charlie? They say I'm Charlie, so I must be! I'm not letting you see it!"), then from the user's perspective it's broken.

      • Re: (Score:3, Insightful)

        by makapuf ( 412290 )

        It does seem ridiculous when any form of security is built around proprietary software telling you what you can and can't do.
        Isn't that the definition of DRM ?
      • Re:From the site: (Score:5, Insightful)

        by hal2814 ( 725639 ) on Thursday May 15, 2008 @08:01AM (#23416674)
        "If timeshifting is a court-granted right, then a broadcaster saying you can't do it and a recording system believing them should be plenty of evidence that it's time to change to a system you control."

        Then it's a good thing for broadcasters that time shifting is not a "court-granted right." For that, you'd have to assume A implies B is equivalent to B implies A. The specific case of record television shows to watch later does not violate copyright laws. That does not mean that broadcasters have to make the recording of television shows easy or even possible. Timeshifting is merely a legally valid excuse for what would normally be considered copyright infringement. The court has granted you no rights forcing timeshifting to be made available.
      • Re:From the site: (Score:5, Insightful)

        by Anonymous Coward on Thursday May 15, 2008 @08:08AM (#23416756)
        If timeshifting is a court-granted right, then a broadcaster saying you can't do it and a recording system believing them should be plenty of evidence that it's time to change to a system you control.

        US Courts don't grant rights. They only affirm that we do or do not have a right.

        The Constitution was written with "implicit allow" rules for citizens and "implicit deny" for government.

        Over the years people have lost sight of this fact and that has been seized upon those in a position of power. The average citizen now believes if a right isn't listed in the Constitution, they don't have it aka "implicit deny". Even worst they think the government has an "implicit allow" aka they are without bounds.
    • Re:From the site: (Score:5, Informative)

      by Lumpy ( 12016 ) on Thursday May 15, 2008 @07:20AM (#23416264) Homepage
      Yup and it did not affect Windows XP running Mediaportal (something far better than MCE), GBPVR, or Mythtv.

      I asked 6 friends that did have those Media Centers and all of them were able to record it just fine.

      Sounds like it only affects the DRM special from microsoft.
  • by jkrise ( 535370 ) on Thursday May 15, 2008 @07:04AM (#23416136) Journal
    Not the XP drivers or TiVo. Microsoft should be answering this.

    http://thegreenbutton.com/forums/45/262419/ShowThread.aspx [thegreenbutton.com]
    • by MrMr ( 219533 ) on Thursday May 15, 2008 @07:24AM (#23416312)
      It appears that Vista has DRM functioning properly. Stopping you from recording something when the program is flagged is exactly the feature you have bought.
      Furthermore, if you can record a flagged broadcast with XP or TiVo you should probably file a complaint that this software is circumventing the DRM and failing to manage your digital rights properly.
      • Ironic timing (Score:5, Interesting)

        by Anonymous Brave Guy ( 457657 ) on Thursday May 15, 2008 @07:56AM (#23416614)

        Furthermore, if you can record a flagged broadcast with XP or TiVo you should probably file a complaint that this software is circumventing the DRM and failing to manage your digital rights properly.

        Priceless. :-)

        Ironically, here in the UK, the front of today's Guardian Technology section has a full-page story on how pretty much anyone who is anyone is dropping DRM as fast as they can open their fingers. Among other things, it cites research showing that shows DRM has no impact on piracy levels (and makes the obvious but rarely stated observation that this means DRM is just annoying legitimate customers), and mentions several major on-line music distributors who are already offering DRM-free tracks or have definite plans to do so later this year. Apparently the market has a different view on how it would like its digital rights managed than Microsoft do...

        • Re:Ironic timing (Score:5, Insightful)

          by electrictroy ( 912290 ) on Thursday May 15, 2008 @08:20AM (#23416896)
          To quote an often stated phrase:

          - "Banning guns doesn't stop criminals from owning guns."
          - Using DRM doesn't stop criminals from owning illegal copies.

          Illegal ownerships still continues amongst the criminals who know how to circumvent the law/crack the code, so all you've accomplished is piss-off your legitimate customers.

  • Easy fix (Score:3, Insightful)

    by Anonymous Coward on Thursday May 15, 2008 @07:06AM (#23416152)
    Use non-compliant software. Or software you (or someone for you) can make non-compliant.

    If you use software you have no control over it just suits you right to get shafted once in a while by it.

    Vote with your money.
  • by bigattichouse ( 527527 ) on Thursday May 15, 2008 @07:09AM (#23416182) Homepage
    Fred Rogers would shake his head and shed a tear. (from wikipedia) During the controversy surrounding the introduction of the household VCR, Rogers was involved in supporting the manufacturers of VCRs in court. His 1979 testimony in the case Sony Corp. of America v. Universal City Studios, Inc. noted that he did not object to home recording of his television programs, for instance, by families in order to watch together at a later time. This testimony contrasted with the views of others in the television industry who objected to home recording or believed that devices to facilitate it should be taxed or regulated.
    • by Waffle Iron ( 339739 ) on Thursday May 15, 2008 @08:19AM (#23416884)

      noted that he did not object to home recording of his television programs
      Well, he's kind of a special case. If I had a toy train track that opened up a wormhole between my living room and a whole alternate reality, then I wouldn't be very focused on minutia like copyrights either.
    • by demachina ( 71715 ) on Thursday May 15, 2008 @08:28AM (#23417006)

      Probably wont be a popular thing to say but back in the VCR days the stakes were a lot lower than they are today. It didn't matter so much back then because the tape of the show inherently couldn't travel very far and there was inherent pain in stripping out or fast forwarding through the commercials, to they were mostly for fair use.

      In the digital and Internet age, most people might record for fairly benign fair use purposes, but some people are going to record, strip the commercials, put the shows on the Internet and undermine the business model under which TV networks currently function.

      Me personally I'm not sure I can think of any content NBC produces I would actually want to watch or record, let alone post on the Internet, its not like they have a Daily Show or Colbert report. To counter my own argument John Stewart and Stephen Colbert seem to do OK encouraging free Internet trafficking in their shows but thats because their shows are A. wildly popular and B. cheap to produce.

      Here is a question for all the Slashdot crowd that want all their media freed from the man. Do you want to watch content that actually costs a lot to produce, you know with writers, actors, sets. This would mean pretty much anything beyond game shows and reality TV. If so how do you expect the producers to pay for them? The options are pretty limited. One model depends on you watchings ads, and unfortunately its fairly rare for people to actually want to watch ads outside of the Super Bowl. If you let people strip the ads at a wholesale level the model doesn't work. Are you willing to pay a subscription fee for all content? Some people will pay for some content, its just wont work for most people and most content. What else is there? Shows which sucker you into voting or calling in for prizes and charge you on your phone bill? Do you want to just watch content mostly produced for free on YouTube, kind of entertaining and weird, but not exactly compelling drama?

      Free network TV is a business model that is failing so desperation on the part of the networks is understandable. It worked when there were three networks, not many other mass market entertainment options and no digital recordings. Now there are so many channels diluting the market, and people are spending more time on the Internet and games. As a result ads don't produce as much revenue, so the networks counter by loading up shows with more and more of them in more obnoxious ways and try harder to force you to watch them. In turn they are annoying people more and more, causing a snowballing effect that will drive down their ratings and their revenue. If the networks allow people to rip the shows, cut the commercials, and post them on the Internet its inevitable more and more people will watch them there instead and further destroy any motivation to produce content in the first place.
      • Re: (Score:3, Insightful)

        by unitron ( 5733 )

        In the digital and Internet age, most people might record for fairly benign fair use purposes, but some people are going to record, strip the commercials, put the shows on the Internet and undermine the business model under which TV networks currently function.

        The business model is that they (or their affiliates) get to use the airwaves which belong to the people as long as they are deemed to be acting "in the public interest". This allows selling a certain amount of advertising time to pay for operations and just like movie theaters show movies that the studios and not they make money on so that people will come in and buy popcorn, television stations show entertainment so that people are watching when they slip in the ads (which is what makes the ad time wor

    • by electrictroy ( 912290 ) on Thursday May 15, 2008 @08:32AM (#23417064)
      That's because Fred Rogers did his job for a *higher* cause: To speak to the children & families. He'd still have done the exact same job, even if they only paid him minimum wage, because it wasn't about greed for him. It was about the message.

      For (almost) everyone else in television, it's about greed.
      Hence they hate giving anything away for free (like time-shifting).
      If someone asked them to "Donate to the children's orphanage" they'd probably ask, "What's in it for me?"

      Sad.

      • by jbn-o ( 555068 ) <mail@digitalcitizen.info> on Thursday May 15, 2008 @09:24AM (#23417740) Homepage
        What's also sad is how people who similarly campaign for higher causes (Richard Stallman on free software is a prime example) are maligned until situations like this come along and show us how right he is to insist on framing the debate in terms of a user's freedom to control their lives, relish social solidarity, and cooperate in a society of peers where you're limited largely by the restrictions you impose on yourself. Slashdotters cite Stallman's "The Right to Read" as we quickly head toward a culture that denies how everything we do is built on the past (Lawrence Lessig frequently reminded us of this) but how many read the dystopic short story and take it to heart?

        Stallman can be hard to get along with at times, to be sure, but understanding his message doesn't require you to be his buddy and it should be harder than it is (judging by posts I've seen on so many discussion websites) to convince people to throw away their freedom in pursuit of some agenda set by business.
    • Typical (Score:5, Interesting)

      by cvd6262 ( 180823 ) on Thursday May 15, 2008 @09:16AM (#23417622)
      OT, but in the same vein...

      Back in the days of Napster, I attended a "satellite" senate hearing on campus. Orrin Hatch, Sean Fanning, and two musicians were there. One musician was a local independent artist who said he had no problem with Napster, but had huge problems with the record companies. The other musician was the lead singer for the Byrds, and he testified that his concert attendance was up and a "whole new generation of fans" learned about his music through Napster.

      Also there were a few small tech firms who gave overviews of how they intended to use P2P technologies and expressed their concern that legislation that targeted Napster would interfere with their business.

      Orrin Hatch seemed to agree, nodded, smiled, even presented Fanning with a hat from the college bookstore. He closed with remarks like, "This is a complicated issue that needs more attention." And then promptly furthered his work to kill P2P and consumer rights.

      Your anecdote about Mr. Rogers just contributes further evidence that what's happening here is not what the artists want and definitely not what the consumers want. It's the middlemen forcing something on both parties, limiting the reach of the artists and what consumers can do with the artists' work.
    • Re: (Score:3, Interesting)

      by Guppy06 ( 410832 )
      Nobody ever used a VCR to fast-forward and skip through the commercials in Mr. Rogers' Neighborhood.
  • Was unphased, it's wonderful. I remember the scare to grab digital tuners before the broadcast flag have become mandatory, but now all you have to worry about is Vista going out of their way to honor something noone else in the industry bothers to. Microsoft loves their customers just sooo much.

    Wonder how many new MythTV installs this event prompted.
    • How do you like those non-OTA HD channels?
      • Re:And my MythBox (Score:4, Interesting)

        by Phillup ( 317168 ) on Thursday May 15, 2008 @07:51AM (#23416552)

        How do you like those non-OTA HD channels?
        Since TV is of little value to begin with, analog with no possibility of DRM seems to me to be the perfect value choice. (I certainly could not justify spending more for my TV than I do for my computer monitor, which I spend way more time in front of)

        And, I'll take a regular analog tv that can be watched at my leisure over the clearest signal possible if the price is that I have no control of the content... thank you very much.

        P.S. I have IPTV (in rural northern Minnesota... go figure). Myth records directly from the network, digital all the way.
        • Re: (Score:3, Interesting)

          by GrayCalx ( 597428 )
          >> Since TV is of little value to begin with

          I always like when higher-than-thou's make this point, it tickles me in a way. This guy falls into an especially large trap since the whole point of his post is that one method of delivery is better than another method.

          TV, books, radio, newspapers, magazines, email, forums, websites... they are all media. They are all information. Only the delivery method is different. I watch very little news on tv, mostly get my news online or from the radio. My
    • by Lumpy ( 12016 )
      MythTV takes a lot of skill to install. I love it as a tivo replacement, (It sucks as a media center though.. XBMC is WAY better) but it's hard to install even with a knoppmyth CD for a non computer techie.

      With an existing MCE box, you can disable MCE, install MediaPortal or GBPVR in 12 minutes and be up and running without an OS change and less the recording system's DRM. Only drawback is you have to subscribe to schedules direct instead of getting the MSFT free feed.
    • Re: (Score:3, Funny)

      by GWLlosa ( 800011 )
      Wait, I thought we were 'for' Microsoft supporting industry standards?
  • by rusty0101 ( 565565 ) on Thursday May 15, 2008 @07:21AM (#23416278) Homepage Journal
    Tell the advertisers for those program that you're really currious about their support NBC in using the broadcast flag. Not only did you get the opportunity to miss that program, but you didn't get to see any of the ads for their company promoting their products, sales, events, or anything else they were interested in letting you know about.

    Believe me, word will get back to NBC that it's not to their advantage to follow such tactics.
    • Exactly Right! (Score:3, Informative)

      by Anonymous Coward
      I work in media, and I can tell you, NBC and similar companies are the absolute pawns of their advertisers. DRM is getting a big push from the ad guys because of commercial skipping. But (since the whole DRM/Broadcast Flag thing is a fiasco in the first place) they're not all subtle in their thinking, and if they hear a big fuss, they'll back off, and tell NBC to do the same.

      This is something activists have to learn: go after advertisers.
  • by RaigetheFury ( 1000827 ) on Thursday May 15, 2008 @07:21AM (#23416280)
    Just watch the video. It would make a great gift. http://www.mythpvr.com/mythtv/distribution/mythdora/4/install-1.html [mythpvr.com]
    • by ivan256 ( 17499 )
      ...if you want to record encrypted digital HD...

      If you only care about SD, and broadcast networks, sure. It's really easy.

      I used to run MythTV for years, and loved it. But as soon as my signal provider moved to encrypted QAM, it became useless. I'm still patiently waiting for somebody to sell decryption device (PCI-E cableCARD slot?) so I can start using it again... But until then I went to an HD TiVo. The hardware is cheaper anyway, and the updates are automatic...
  • by OzPeter ( 195038 ) on Thursday May 15, 2008 @07:23AM (#23416302)
    Instead of a broadcast flag , I want a quality flag .. one that stops shows like American Gladiator from even being broadcast.
    • Re: (Score:3, Funny)

      by maxume ( 22995 )
      Get an American Gladiators t-shirt and some guns. Then, every time someone says "I love that show" to you, kill them.

      Be sure to flash the correct signs to other American Gladiators so that they don't kill you for wearing the t-shirt.
  • Same in Germany (Score:5, Informative)

    by tmk ( 712144 ) on Thursday May 15, 2008 @07:35AM (#23416402)
    The same thing happened in Germany last week. Pro7Sat1 did send an anti recording signal and many users of DVR could not see a thing.

    According to company [dwdl.de] which runs the satellite signal, it was just an technical error.
  • by dpbsmith ( 263124 ) on Thursday May 15, 2008 @07:36AM (#23416412) Homepage
    This brings up what I think is the biggest potential for unfair use of DRM: restrictions that are built into the technology and acknowledged by fine print in the user agreement, but not enforced until after millions of consumers have already purchased the product.

    There's nothing new about this. You can waste an awful lot of time reading contracts and discovering that you've agreed to obnoxious things... and that there's not an awful lot you can do about it because all the competitors have similar contracts... and that, surprise, surprise, the employee behind the car rental counter is not interested in striking out clauses and negotiating contracts with an individual customer with a line behind him.

    What's new is the potential for cheap, automatic, mechanical enforcement at some later date.... and the consumer's inability to know the company's real intentions.

    When you buy something with unenforced DRM you are truly buying a pig in a poke.

    The free market can't operate in the absence of the buyer having reasonable information on what they're buying. In the case of unenforced DRM, that means not just the theoretical existence of restrictions, it means that companies should be required to disclose a policy on their intentions for future enforcement... a policy that must be included in the contract for the contract to be valid, and one which they can be held to in the future.

    It should be use-it-or-lose-it. A company that fails to use automated restrictions for a long period of time, and has failed to disclose clearly its intention of using them in the future, ought to right to enforce them.

    • by Anonymous Brave Guy ( 457657 ) on Thursday May 15, 2008 @08:42AM (#23417204)

      You can waste an awful lot of time reading contracts and discovering that you've agreed to obnoxious things... and that there's not an awful lot you can do about it because all the competitors have similar contracts... and that, surprise, surprise, the employee behind the car rental counter is not interested in striking out clauses and negotiating contracts with an individual customer with a line behind him.

      The interesting thing here is that contract law in most places already makes allowances for this sort of thing. There's even a legal term — contract of adhesion — describing standard contracts where there wasn't equal power for each party to negotiate on the details. Also, contracts generally require a meeting of minds, with both sides understanding what they are agreeing to; where this is not the case, courts can (and do) hold that unreasonable conditions are unenforceable.

      In other words, it shouldn't be necessary to change the law to achieve what you want. If a contract of adhesion includes deceptive provisions that a typical person would be unlikely to agree to if they understood the implications, then it's already the case that courts might strike those provisions. You just need someone to bring the case.

    • Re: (Score:3, Interesting)

      by Kelbear ( 870538 )
      There are two very different goals implied here.

      1) Disclosure: The customer should be made aware of potential changes to their usage by the company. Even if every company does it, every company should disclose it, and I would think that a court would allow a customer to break out of a contract without contract termination penalty aside from the legal costs incurred(the amount of legal costs to the customer will vary depending on the company's temperament)

      2) Understanding what is disclosed: 60 pages of fine
  • by Anonymous Coward on Thursday May 15, 2008 @07:49AM (#23416536)
    Suppose an assassination happened on live TV but the coverage was flagged no-record. All 'official' copies at the networks could be easily altered to hide evidence, and no one with a proper recording to step up and challenge the subterfuge.
  • LIES! (Score:4, Funny)

    by bickle ( 101226 ) on Thursday May 15, 2008 @08:31AM (#23417052)
    I refuse to believe that anyone tried recording American Gladiators.
  • by Phoenix666 ( 184391 ) on Thursday May 15, 2008 @08:43AM (#23417210)
    There's very little worth watching, and what is, is available to watch by the season on DVD. With the key demo, males 18-35, spending more and more time playing GTA IV and Halo, the TV industry would be well-advised to stop poisoning the well. Else, in 10 years' time the only ones watching will be retired Baby Boomers who live on $800 of social security every month.
  • by BigGerman ( 541312 ) on Thursday May 15, 2008 @08:50AM (#23417298)
    apparently this "flag" feature is not supported by Mythtv. Damn you open source, always one step behind.

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