FCC Broadcast Flag Struck Down by Federal Appeals Court

<P><FONT face=Arial size=2><A href="http://www.audioholics.com/news/uploads/hahasimpsons.gif"></A><A href="http://www.audioholics.com/news/pressreleases/FCCBroadcastFlag.php"><IMG style="WIDTH: 55px; HEIGHT: 100px" alt=[hahasimpsons1] hspace=10 src="http://www.audioholics.com/news/thumbs/hahasimpsons1_th.gif" align=left border=0></A>In a landmark case that should make most consumers giggle with glee, the US Court of Appeals for the DC Circuit today </FONT><A href="http://www.audioholics.com/news/pressreleases/FCCBroadcastFlag.php"><FONT face=Arial size=2>struck down</FONT><FONT face=Arial size=2> the "</FONT><FONT face=Arial size=2>Broadcast Flag</FONT></A><FONT face=Arial size=2>", an FCC rule that would have crippled digital television receivers beginning on July 1st. </FONT><FONT face="Arial, Helvetica, sans-serif" size=2>The Broadcast Flag rule would have required all digital TV receivers, including televisions, VCRs, and personal video recorders like TiVo, to be built to read signals embedded in over-the-air broadcast television shows that would place certain limitations on how those shows could be played, recorded, and saved. The sale of any hardware that was not able to "recognize and give effect to" the Broadcast Flag, including currently existing digital and high-definition television (HDTV) equipment and open source/free software tools, <EM>would have become illegal. <FONT face="Arial, Helvetica, sans-serif" size=1>[Thanks to WmAx for the tip]</FONT></EM></FONT></P><P><FONT face=Arial size=2>[Read More About this Significant Ruling]</FONT></P>
 
Last edited by a moderator:
M

mfabien

Senior Audioholic
Clint DeBoer said:
"The Broadcast Flag rule would have required all digital TV receivers, including televisions, VCRs, and personal video recorders like TiVo, to be built to read signals embedded in over-the-air broadcast television shows that would place certain limitations on how those shows could be played, recorded, and saved."
Not exactly...the Broadcast Flag is associated with HDCP protocol and requires DVI or HDMI connection and concerns HD broadcast only. Any DVR equipped with an HDCP connection must be connected via DVI or HDMI to be compliant and if so, any program incorporating the Broadcast Flag will be recorded in the DVR without exception (I have a DVR and I have investigated this at all levels in the past 13 months).

As for VCR's, the only one of concern would be a digital VCR, one using D-VHS tape. In that case, the protocol is DTCP which carries 3 possible flags non of which is the Broadcast Flag associated with the Appeals Court's decision.

It is expected that Congress will legislate specific authority for the FCC to carry on with the Broadcast Flag for OTA HD transmission. In the meantime, cable and satellite users will be asked to incorporate the Flag by Broadcasters on occasion and don't expect to see HDTV's in stores without DVI or HDMI (for OTA reception) inputs just because of the Court's recent decision. It would cost more to produce separate HDTV's without the digital input because initial cost of incorporating it is now probably fully amortized.

As for Consumers and yourself expressing joy over this Court decision, can't see why, frankly (unless you really prefer paying PPV to see good movies in HD). The one area where consumers should take notice, is the implication of remaining with a Component connection for HD reception out of a STB equipped with an HDCP output device. By filing a 30 day advance notice to the FCC, a Broadcaster will be able to downrez the Component to 480p if the HDCP handshake cannot be completed. Also note that the FCC ruling of November 2003 has protected legacy equipment, that is, a STB without HDCP output will never be impacted by a Broadcast Flag.
 
Last edited:
Well, HTPC builders/users are certainly very happy. :)

Also, I assumed they (the press release you quoted) were indeed talking about D-VHS machines, some of which utilize HDMI and would have presumably been subjected to the flag. (JVC, for example calls their D-VHS machines "Digital VHS VCRs")

HDMI-enabled D-VHS machine from JVC

I actually can't see how this isn't good for the consumer - though I certainly don't purport to know everything there is to know about the topic. I do know, that downconverting the signal to 480p component is a sure-fire way to lose viewers/customers for any company/broadcaster who would care to try it.

I'm watching this play out with much interest.
 
M

mfabien

Senior Audioholic
Clint DeBoer said:
Well, HTPC builders/users are certainly very happy. :)

Also, I assumed they (the press release you quoted) were indeed talking about D-VHS machines, some of which utilize HDMI and would have presumably been subjected to the flag. (JVC, for example calls their D-VHS machines "Digital VHS VCRs")

HDMI-enabled D-VHS machine from JVC

I actually can't see how this isn't good for the consumer - though I certainly don't purport to know everything there is to know about the topic. I do know, that downconverting the signal to 480p component is a sure-fire way to lose viewers/customers for any company/broadcaster who would care to try it.

I'm watching this play out with much interest.
The D-VHS JVC deck linked from above features HDMI and Component to playback recordings. However, recording is done via IEEE 1394 Firewire. Select Features and you get:

"Built-in MPEG2 Decoder for Direct Connection to HDTV via Y/Pb/Pr or HDMI™ (High Definition Multimedia Interface)
Digital Set-top box ready with Digital-to-Digital connection via i.Link (IEEE 1394) terminal"

Therefore for recording HD, the Firewire will use DTCP protocol which interfaces with HDCP (broadcast coding will include one of the 3 DTCP flags = Copy Free, Copy Once or Copy Never) because the cable or satellite box should be equipped with either DVI or HDMI and thwerefore the HDCP protocol. Don't know if there are OTA receivers out there with a Firewire.

If the Broadcast Flag would get a permanent ban, consumers would not have access, for one thing, to the very best in HD movies on free Over The Air network broadcasts. That would be the price to pay.

As for HTCP users who wish to record HD on their computer HDD, the Radeon Graphic card 9600 will do the trick as it is compliant (DVI 1.0 compliant) with HDCP. See specs at:
http://www.ati.com/products/radeon9600/radeon9600pro/specs.html
 
newsletter

  • RBHsound.com
  • BlueJeansCable.com
  • SVS Sound Subwoofers
  • Experience the Martin Logan Montis
Top