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NBC admits "inadvertent" broadcast flag use, still doesn't explain why it actually worked

Just an update on the broadcast flag controversy: NBC has copped to an "inadvertent mistake" in flagging the broadcast of American Gladiators as content prohibited from recording, while Microsoft stated it is only following the FCC's rules, and "fully adheres to flags used by broadcasters". This conveniently ignores the fact that there is no legal requirement for Windows Vista Media Center to recognize the broadcast flag and disable recording, but it does. Errant metadata can and does happen, but for such a "feature" to be buried within one's software unknowingly is troubling. Expect to hear more from the EFF and others questioning why Media Center unnecessarily turns parts of itself off at a broadcaster's command, and rightly so. What's most disturbing, and likely to go sadly without protest is that someone out there is actually watching, and trying to record for later, American Gladiators. The more you know indeed.

[Via Techdirt]

Broadcast Flag rides again, courtesy of NBC & Microsoft?


Just like efforts to close the analog hole, our old friend the broadcast flag (don't remember what that is and how it was defeated? Take a quick trip back to 2005 with us) has reared its ugly head again. Displaying the kind of tenacity rarely seen outside of horror movie villains and potential presidential candidates, some Vista Media Center users have apparently gotten the above popup while trying to record broadcast TV from NBC. Since the FCC regulation giving the broadcast flag its power to remotely disable your recording ability was overturned, not only should it not be enabled, there's no reason the system should respond if it were. The EFF's working with the makers of the HDHomeRun to find out why this happened at all (although it's not the first time); whether it's an honest mistake somewhere or if Microsoft slipped a bit of extra DRM into its latest OS.

[Via EFF]

Canadian cable providers locking out Vista Media Centers?

Nearly a month after Warner Bros. axed advanced screenings in Canada while tagging priacy as the scapegoat, now Canucks are facing another bout with DRM right inside their homes. According to a lengthy list of complaints over at TheGreenButton, it appears that some Canadian cable providers (Rogers and Shaw, namely) are seemingly throwing the broadcast flag onto a questionable amount of content. Essentially, users who are trying to record said programming via their own Windows Vista Media Center setup are receiving all sorts of errors and messages informing them that the material (even on basic cable) they are trying to record is laced with "restrictions set by the broadcaster and / or originator of the content." Interestingly, it seems that the blame here lies more with the cable companies and not some glitch within Vista, as more than a few customers have received responses from their providers suggesting that they ditch the whole PVR idea and instead rely on the company-provided DVR (at a cost, of course). So, dear Canadians, are any of you fighting this same battle?

Sirius Stiletto delay FCC-related?

Let's recap: Sirius gets us all in a tizzy by announcing its first "personal live satellite radio product," then opens up the floodgates to pre-orders, and suddenly pulls the rug out from under the whole deal by demanding that retailers stop taking orders of the Stiletto 100 under further notice. The cause behind such a curious sequence of events might not be manufacturing hangups, supplier shortages, or any of the most common issues related with postponed launches -- rather, the company may simply be waiting for an FCC ID number. Considering the agency hasn't exactly been an ally in Sirius' production process (nor XM's, to be fair), we aren't terribly surprised at the supposed culprit. A tiny, albeit powerful snippet of fine print within FCC guidelines prohibits the marketing of products that aren't in good standing with the commission, which gives strong suspicion that Sirius is just holding its horses until the Stiletto 100 is granted its oh-so-honorable identification tag -- whenever that may be.

[Via Orbitcast]

CEA smacks down "thinly veiled attack" by RIAA on fair use

Sounds like consumers (and random people in toxic waste suits) aren't the only ones getting tired of the RIAA's antics. Consumer Electronics Association chief Gary Shapiro had some harsh words for the music industry the other day. He's particularly miffed at the RIAA's wild and fairly unrealistic expectations for an audio broadcast flag. Not only did they start pushing for the spec rather late in the digital radio game, potentially making current investments by broadcasters worthless, but they're not offering any help on the actual spec itself. "In short," says Gary, "the RIAA wants to stop consumers from doing what they've been doing since a tape recorder was first used to capture a song played over the air for private use." Shapiro says the CEA is plenty willing to play the DRM game, and limit "the mass indiscriminate redistribution of music over the Internet," but he says "The game of crying wolf [over piracy] is not only tiresome; it's harmful to consumers and innovation." We couldn't have put it better ourselves.

[Via Ars Technica]

Broadcast Flag sneaks into telecom bill

Those MPAA types are sure a bunch of kidders. After having their Broadcast Flag thoroughly trounced in court, and die many deaths in Congress, they've managed to hide it in a 151 page telecommunications bill. They've even gone with a particularly egregious version, since they were hoping nobody would notice. Not only is it paired with the Audio Flag, but it makes no real exceptions for fair use, and while we're sure The Little Engine That Could would be proud of the perseverance on display here, we have to say these attempts are getting a bit old. The good news is that grassroots efforts are already underway to help you contact your Senator and give him or her a good talking to, Senator Sununu will be offering an amendment to strike the Flag portions from the bill, and the kind folks at Public Knowledge have thrown together a nice list of talking points to fuel consumer side of the debate. We're sure this isn't the last effort we'll see of the Broadcast Flag, but the attempts are sure seeming a bit more desperate.

Ted Stevens revives the broadcast flag. Again.

You'd think that Senator Ted Stevens, a man we've mentioned here many a time before, would have had a change of heart about the broadcast flag legislation in the brief moment of clarity he supposedly had (that prompted IPac to send all those Congresspeople free iPods). Well, we hate to break it to you, but the broadcast flag is back yet again, thanks to you-know-who. The wily creature last spotted in H.R. 4861 (the Audio Broadcast Flag Licensing Act of 2006), has been seen riding along with another bill Stevens recently introduced, a 135 page behemoth on net neutrality (which is a whole 'nother issue we're not even gonna get into right now). We're not sure how many times Stevens or other officials feel obligated to try resurrecting this egregious offense against consumer rights and fair use, but we'll be there with, um, the CEA, to make sure we do our part to see it struck down (again), as well as to politely tell Mr. Stevens, "No, you get a job."

[Via IPAC and BoingBoing]
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