posted 11-05-2003 12:35 PM                       

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in australia the indiana jones trilogy is being broadcast in HD (1080i) on channel ten (free to air) on sunday nights, is this being done in other countries?

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FCC agrees to employ 'broadcast flag'

By Brooks Boliek
WASHINGTON -- In a victory for Hollywood and the broadcast industry, federal regulators Tuesday approved a copyright control mechanism designed to protect movies and television programs distributed digitally.

The FCC's approval of the "broadcast flag" regulations is a long-sought goal of the makers of television shows, movies and sports programming who feared that their products would be pirated without the protections.

In its order, the FCC told makers of digital television receivers that by July 1, 2005, their models must recognize an electronic marker that broadcasters can embed in their programs to limit piracy.

MPAA president and CEO Jack Valenti said the decision will help preserve free, over-the-air television.

"This puts digital TV on the same level playing field as cable and satellite delivery," Valenti said. "All the way around, the consumer wins, and free TV stays alive."

FCC chairman Michael Powell said the decision was an "important step" in the nation's transition to digital TV. DTV transmissions allow for the broadcast of several standard definition channels or the broadcast of the high-definition TV with its supersharp picture and CD-quality sound.

"The digital television transition rolls on," he said. "Because broadcast TV is transmitted 'in the clear,' it is more susceptible than encrypted cable or satellite programming to being captured and retransmitted via the Internet. The widespread redistribution of broadcast TV content on the Internet would unnecessarily drive high-value programming to more secure delivery platforms."

While the commission agreed to implement a broadcast flag regulation, it avoided selecting one single technology, a proposal pushed by the entertainment and broadcast industries. Rather, it agreed to set up a certification process for content protection methods that could be proven to meet "objective" protection criteria.

The commission also exempted digital VCRs, DVD players and personal computers that are not built with digital tuners from the rule. It also required that existing televisions, VCRs, DVD players and related equipment will remain fully functional under the new broadcast flag system.

Although the commission approved Tuesday's order on a 5-0 vote, commissioners Michael Copps and Jonathan Adelstein took exception to parts of the order. The commissioners feared that the rule will unfairly restrict the public from receiving works that aren't copyrighted and public affairs programming. They also raised concerns that the flag can be used to track viewing habits.

"Broadcasters are given the right to use the public's airwaves in return for serving their communities," Copps wrote. "The widest possible dissemination of news and information serves the best interests of the community. We should therefore be promoting the widest possible dissemination of news and information consistent, of course, with the copyright laws. And neither the FCC nor the broadcast flag should interfere with the free flow of noncopyrightable material."

While the broadcast and entertainment industries supported the commission's action, technology companies and consumer groups wanted a different outcome. They fear that the flag is a steppingstone to initiating a pay-for-play environment.

"While we have not yet seen the specific content of the order, we continue to have reservations about the need for regulatory intervention in this area at this time," said Robert Holleyman, president and CEO of the Business Software Alliance, a trade group representing the commercial software and hardware industries.

CBS and UPN parent Viacom praised the FCC's action in a statement issued late Tuesday. Viacom has been one of the most vocal proponents of the FCC's need to adopt the broadcast flag as a preventative measure against digital piracy.

"Today's decision by the FCC is an historic step forward for consumers," Viacom said. "By mandating broadcast flag technology in devices equipped to receive digital broadcast television, the Commission has resolved to protect broadcast content and ensure that Americans will continue to receive free, high quality programming in the digital age."

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