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FCC, Intellectual Property

Wednesday, September 2, 2009

The Motion Picture Association of America has asked the FCC for the authority to selectively control output streams to the television entertainment systems of consumers. A Monday letter to the Commission from the trade group's lawyers at Skadden Arps states that such a waiver would "for the first time enable millions of Americans to obtain access in their homes to high-value content" that major movie studios distribute. Consumer watchdog group Public Knowledge has claimed that the request would leave over 11 million individuals who only have analog outputs without any viewing ability.

In meetings with FCC staff and in correspondence, the MPAA has insisted the change would benefit consumers. "Even as innovative technologies bring consumers new and better opportunities to enjoy media content, there is always a lag between when early adopters take advantage of these opportunities and when they become ubiquitous," the letter said, pointing to the fact that as DVD players were introduced for home use, many households still used VCRs. "That some consumers may wait longer to purchase new devices or take advantage of innovative technologies, however, is no reason to deny all consumers the potential benefits of new offerings," the letter said.

The Consumer Electronics Association has opposed the idea. In a November 2008 letter to the Commission, the high-tech trade group said the MPAA has promised vaguely to distribute "some unspecified type and amount of programming" somewhat earlier than they are able to do now. "This promise hardly amounts to an important public purpose," CEA said. The studios' claim that the threat of piracy arising from high-definition TV necessitates the provision of "unfettered control over all inputs on lawfully-purchased HD TV sets," the group said. New FCC Chairman Julius Genachowski has not weighed in on whether he thinks granting the MPAA's request is a good idea or bad idea.

(Hat tip, Ars Technica)

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