Save Access

Broadcast Flag resurfaced in one amendment to S.2686. This is a significant 'fair use' issue. Learn more at EFF and Public Knowledge.

from: People to People Net

Broadcast Flag, reloaded

p2p news / p2pnet: "If you’re saying, 'Broadcast Flag? I thought we defeated that?' You’re right! But we’ll have to do it again. But we’ll have to do it now, as the bill is being marked up THIS THURSDAY."

That's today and the alert comes from Alex Curtis in Public Knowledge, who points out you may have missed the return of the Broadcast Flag, "this time tucked into Senator Stevens’ 151 page telecommunications bill, S.2686."

What's an onerous copy protection scheme doing in the middle of a telecommunications bill? – you ask.

"If you’re confused, you should be," says the post, because, "it's a tactic designed to sneak in a regulation that’s been repeatedly rejected by both Congress and the courts."

Mitch Glazier knows all about that. In 1999 he snuck the "sound recording" amendment into the unrelated Satellite Home Viewer Improvement Act, slated for safe passage through Congress. The amendment made music recordings 'works for hire' which in turn meant artists weren't able to get possession of their own masters.

On Broadcast Flag, the most recent version is worse than any before, without any real exceptions for fair use, says Public Knowledge and even worse, "this time it’s paired with an Audio Broadcast Flag that will cover digital and satellite radio too."

Congress is mandating the use of DRM, "plain and simple," says Curtis, adding:

"Although one part of the bill seems to give a nod to fair use, it's done in the same way as it was under the DMCA. Meaning, the bill ignores fair use. It reads that the FCC’s regulation won't affect fair use rights - well, it won't. Those fair use limitations still exist under the copyright law - but as we know well, DRM legally trumps fair use thanks to the DMCA.

"It pretends to prevent the flag recording/copying function from being used for 'news and public affairs programming the primary commercial value of which depends on timeliness,' however, it leaves it up to the broadcasters to decide what falls into that limitation. Broadcasters would use the broadcast flag to 'protect' their content when broadcast over television, by claiming it doesn't fall into the 'timeliness' limitation."

The post says senator John E. Sununu will be offering an amendment to strike the broadcast and radio flag, "But it won't happen without your help."

The story and link include a list of Commerce Committee members, together with their phone numbers.

"Contacting your Senators is vital to defeat the Broadcast Flag – again," says Public Knowledge.