Public Knowledge Sees Content Companies Seeking 'Full Regulatory Control' Over Consumer Tools

[Dave Farber <dave () farber net>]

Delivered-To: dfarber+ () ux13 sp cs cmu edu
Date: Mon, 15 Mar 2004 16:55:50 -0500
From: mnemonic <mnemonic () well com>

For Immediate Release
March 15, 2004

Contact:  Art Brodsky
                202-518-0020 (o)    301-908-7715 (c)
                 abrodsky () publicknowledge org

Public Knowledge Sees Content Companies Seeking
'Full Regulatory Control' Over Consumer Tools

The content industries and their allies are attempting to use the Federal 
Communications Commission (FCC) proceedings on the broadcast flag and on 
setting new rules for "plug and play" devices to assert widespread control 
over digital and analog media, according to Public Knowledge.

In a March 15 filing with the FCC on the broadcast flag, Public Knowledge 
said, "We have concluded from reading the full range of submissions in the 
broadcast-flag and plug-and-play proceedings that full regulatory control 
over all the ways consumers use content is precisely what certain content 
holders want."  Had such controls been in effect in 1976, when the video 
cassette recorder (VCR) was invented, "devices such as the VCR, the TiVo 
personal-video recorded, and Windows-based 'media PCs'' would have been 
drastically hindered on their way to market - if allowed at all," Public 
Knowledge said in its filings.

Public Knowledge also argued that content companies are attempting to "roll 
back the impact of the Supreme Court's decision" in 1984 that allowed the 
VCR to be used to record television programming for later viewing.  In 
reply comments in the plug-and-play proceeding governing the use of 
cable-ready devices, Public Knowledge said it was inconsistent for content 
companies to argue they want to extend controls over analog content as 
well.  Such requests to the Commission call into question the FCC's central 
assumption that digital content is more subject to piracy, Public Knowledge 
said.

Public Knowledge also filed briefs March 15 with the U.S. Appeals Court, 
D.C. Circuit, opposing the FCC's attempt to delay court consideration of 
Public Knowledge's court challenge to the broadcast flag rules.

"It makes no sense to delay court proceedings on the broadcast-flag rule," 
said Mike Godwin, senior technology counsel of Public Knowledge.  "The 
Commission has already concluded it has jurisdiction to issue these rules, 
and none of the agency's other proceedings relating to content protection 
even question that jurisdiction," Godwin said, adding that "Now is the best 
time for a court to step in and address whether the FCC is headed down the 
wrong road."  Full texts of the comments and briefs will be available later 
at www.publicknowledge.org.

In addition to filing its own comments with the FCC and launching the 
public-interest group lawsuit challenging the broadcast flag rule, Public 
Knowledge has worked with Internet entrepreneur Scott Rafer to organize a 
filing by about two dozen Silicon Valley companies which argues that the 
broadcast-flag proceeding poses a threat to software innovation overall and 
to open-source software in particular.  Rafer, CEO of Feedster, a blog and 
news search engine, said the level of interest from companies which hadn't 
participated before "is a great first step to having consistent, rich 
participation by Silicon Valley companies in the regulatory process."

Public Knowledge is a public-interest advocacy and education organization 
that seeks to promote a balanced approach to intellectual property law and 
technology policy that reflects the "cultural bargain" intended by the 
framers of the constitution. More information available at: 
<http://www.publicknowledge.org>http://www.publicknowledge.org



Art Brodsky
Communications Director
Public Knowledge
(202) 518-0020  ext 103 (o)
(301) 908-7715 (c)
1875 Connecticut Ave., N.W.
Suite 650
Washington, D.C.  20009

--
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"I speak the password primeval .... I give the sign of democracy ...."
           --Walt Whitman Mike Godwin can be reached by phone at 202-518-0020
His book, CYBER RIGHTS, can be ordered at
        http://www.panix.com/~mnemonic .
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