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Broadcast Flag and Ownership Rules

Awhile ago, I suggested that (among many other reasons) mandating the broadcast flag would be unwise because spectrum policy is currently in flux.  Any tech mandate based on incumbent broadcasters’ wishes will necessarily ignore the broadcasters of the future.


It occurred to me that the FCC’s ownership rule making also provides a significant argument against the flag.  Chairman Powell repeatedly asserted that over the air televsion is merely one small part in a large, competitive media market.  It has to compete with print, radio, and the Internet.  Well, if it’s such an insignificant industry, then why should it get to determine policies for the entire tech industry? I’m not necessarily saying that I agree with the ownership rule changes; rather, I’m saying that the FCC has already stated that broadcast TV shouldn’t be treated specially.

2 Responses to “Broadcast Flag and Ownership Rules”

  1. doug
    October 28th, 2003 | 4:20 pm

    AND HERE THEY ARE:

    1. Compilations consisting of lists of Internet locations blocked by commercially marketed filtering software applications that are intended to prevent access to domains, websites or portions of websites, but not including lists of Internet locations blocked by software applications that operate exclusively to protect against damage to a computer or computer network or lists of Internet locations blocked by software applications that operate exclusively to prevent receipt of email.

    2. Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete.

    3. Computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access.

    4. Literary works distributed in ebook format when all existing ebook editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling of the ebook’s read-aloud function and that prevent the enabling of screen readers to render the text into a specialized format.

    http://www.copyright.gov/1201/docs/librarian_statement_01.html

  2. doug
    October 28th, 2003 | 4:20 pm

    AND HERE THEY ARE:

    1. Compilations consisting of lists of Internet locations blocked by commercially marketed filtering software applications that are intended to prevent access to domains, websites or portions of websites, but not including lists of Internet locations blocked by software applications that operate exclusively to protect against damage to a computer or computer network or lists of Internet locations blocked by software applications that operate exclusively to prevent receipt of email.

    2. Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete.

    3. Computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access.

    4. Literary works distributed in ebook format when all existing ebook editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling of the ebook’s read-aloud function and that prevent the enabling of screen readers to render the text into a specialized format.

    http://www.copyright.gov/1201/docs/librarian_statement_01.html