FC: CCIA statement on broadcast TV protection; EFF CBDTPA video

[Declan McCullagh <declan () well com>]

EFF video (a must-watch if you're at all interested in such topics) on CBDTPA:
http://action.eff.org/tinseltown/

Washington Post article on the Broadcast Protection Discussion Group's 
apparent impasse:
http://www.washingtonpost.com/wp-dyn/articles/A42099-2002May31.html

---

Date: Sat, 01 Jun 2002 11:44:36 -0400
From: Will Rodger <wrodger () pobox com>
Subject: CCIA Statement on BPDG process
To: politech () politechbot com

Declan --

We sent this to the Broadcast Protection Discussion Group yesterday. The=20
BPDG, of course, is the Hollywood-backed process to, somehow, keep the=20
studios' movies from being pirated over the Internet. Some say it's just=20
the ticket to avoid things the recently-introduced CBDTPA. A report from=20
the discussion group is expected Monday.

Some participants have told members of Rep. Upton's subcommittee that we=20
will see a private-sector agreement to protect such content in the=20
immediate future.

We doubt the future is so near.

Will

---------------------------------

CCIA Statement on the co-chairs final report

The Computer & Communications Industry Association has been monitoring the=
=20
BPDG process for several months. During that time we have been keenly aware=
=20
of the difficulties of creating a digital rights management system that=20
could protect high-definition content while at the same time protecting=20
fair use for consumers and future innovators alike.

The co-chairs report purports to do so, but falls far short, in part=20
because of the open-ended veto power it has given content owners over=20
technologies that could be used to infringe their copyrights. Philips=20
Electronics, among others, has already outlined the conflict that has=20
resulted from this arrangement.

Such difficulties are a real concern: Intellectual property, after all, is=
=20
a cornerstone of our industry and something without which we and our=20
members would have no business at all.

But intellectual property in the United States is and always has been a=20
balance between owner and consumer of that property. Part of that balance=20
includes building technology and business models that account for the=20
interests of other industries and consumer themselves. History tells us=20
that juke box owners, piano-roll makers, broadcast music and cable TV=20
didn't just bring new media to consumers, but changed the way established=20
media did business, often with the help of the legal system.

We see no such evolution in the BPDG. Instead of a process that embraces=20
new technology, we see one that attempts to keep it at bay.

Worse, we fear the BPDG approach to intellectual property will ultimately=20
bring all of IP into ill repute. Maximalist approaches that treat consumers=
=20
not a partners but as parties from which to extract only profits will breed=
=20
contempt for law as surely as Prohibition ever did, and thereby encourage=20
the piracy this effort is supposed to prevent.

The BPDG approach has been marred by repeated and credible claims of=20
back-room dealing by a small number of parties who have excluded most=20
participants from real decision making. Such closed-door talks raise not=20
only issues of fairness and copyright, but competition law as well.

Over the years, CCIA has participated in numerous standards-setting bodies.=
=20
Each has included numerous affected participants, all of whom worked=20
towards making systems more interoperable, not less. We call on all BPDG=20
participants to include more companies, more consumer advocates, and to=20
write strict sunshine rules so that all parties are included all=
 negotiations.

We also call on participants to look to the market first -- and the=20
government last =96 to protect the legitimate interests of all stakeholders.


Will Rodger
Director Public Policy
CCIA=20




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