Phillip "Will Wait for it to Hit Netflix" Dampier

Hollywood studios have a proposition to make.

How would you like to gain access to the latest Hollywood releases on your cable, satellite, or broadband connection even while those movies are still playing in area theaters?

The Motion Picture Association of America says it’s willing to let you watch first-run Hollywood blockbusters from home, but in return, they want the right to control what you can do with your television set.

Time’s up for you to make up your mind.  The Federal Communications Commission has decided you were going to say “yes” to this proposition anyway, so they went ahead and approved it on your behalf.

Specifically, the MPAA appealed to the Federal Communications Commission to get approval for its proposed Selectable Output Control technology.  You probably never heard of that, but the concept actually has been around for a few years now.  When movie studios float trial balloons about enabling the technology, public interest and consumer groups start hollering and it typically gets shelved for awhile.  Not this time.

While the public policy debate continued, chances are the manufacturer of your television set or monitor manufactured after 2004 has probably already included some support for SOC — just waiting to hand over control of your television to Hollywood studios, cable, satellite, or IPTV companies.  On May 7th, while we were debating Net Neutrality, the FCC released its order approving the Hollywood Remote Control Confiscation Act (my name sounds far better than the FCC’s — Petition for Waiver of the Commission’s Prohibition on the Use of Selectable Output Control.)

Here’s how it works:

Let’s say your cable company wants to offer you Iron Man II through pay-per-view starting today.  It’s a movie currently playing in many theaters nationwide.  The MPAA believes there is compelling demand among the elderly, the home-bound, and the too-lazy-to-haul-themselves-to-the-Movieplex to make it available in the comfort of your own home on early pay per view.  However, Hollywood and your local cable company don’t want you making copies of the movie to hand out to all your friends.  With SOC technology, that becomes less of a problem because the cable company can selectively disable the outputs on the back of your television that don’t use copy control technology.  That means old fashioned analog outputs can be disabled for up to 90 days during SOC-enabled programming, making sure you cannot record any of the content without the approval of the studio or your cable company.

Is it worth losing control of your television to watch Iron Man 2 before it arrives on DVD?

Certain digital outputs will still function, as long as they support robust anti-recording/copying technology.  No more time-shifting SOC-protected content on digital video recorders to watch later, no more analog VCR taping of shows the industry doesn’t believe you have a right to record anyway.

For decades, Americans have fought for fair use rights that permit home recording and copying for personal use.  The entertainment industry has never fully accepted that, and have eroded away the ability for consumers to make legitimate personal use of content they have already purchased with digital rights management schemes, copy protection, region coding, and other limiting technologies.

SOC technology effectively forfeits all of your rights.  The only consumer protection the FCC provides is a requirement that your cable, satellite, or broadband provider warn you when they are employing SOC anti-recording technology.  At least you’ll know when your home recording rights are being trampled.

If your television set doesn’t have support for SOC built-in, the FCC just made your television set obsolete.  Write and thank them.  While initial deployment of SOC is only expected to be used for “early pay per view,” don’t believe for a moment such powerful controlling technology available to entertainment companies won’t be used in the future for other types of content they don’t want you recording.  Premium movie channels like HBO or Cinemax would be obvious examples.  TV networks that would like to sell you their network shows on DVD or through online services might find it worth their while to disable your ability to record your favorite shows.  If you don’t have an SOC-capable set, it’s likely you won’t be able to access protected programming at all.

With the ongoing convergence of broadband, television, and other forms of home entertainment distribution, SOC is a foot in the door to permit third parties to make decisions about how you can view or use content you’ve already paid to receive.  That’s a bad precedent.  The FCC approval of this gift to the entertainment industry is a travesty that needs to be reversed.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/KCTV Kansas City FCC Ruling Could Bring New Movies Into Homes 5-16-10.flv[/flv]

KCTV-TV in Kansas City ignored the consumer’s loss of control over their own television set to focus instead on the implications for theater owners, who may become natural allies with consumers in opposition of SOC.  (1 minute)

[flv]http://www.phillipdampier.com/video/Public Knowledge – Selectable Output Control.flv[/flv]

Public Knowledge developed this web-ready video that takes a less formal look at SOC and its impact on your consumer rights.  (3 minutes)

A survey released this week by Arbitron Inc. and Edison Media Research found, for the first time, that Americans are more willing to give up TV than the Internet.

Asked to choose the ”most essential” medium, 42 percent of the survey’s 1,753 respondents picked the Internet, 37 percent picked TV, 14 percent said radio and 5 percent said those dead-tree format newspapers.

That represents more evidence that major telecommunications companies will need to lasso control of the Internet before the cable television profit train derails.  That’s because the Internet delivers the prospect of a two-for-one deal.  Enjoy your online web surfing -and- stream your favorite television shows online at the same time — no more ever-increasing cable-TV bill for channels you never asked for and don’t watch.

Even more worrying for big cable — young people are increasingly never bothering to sign up for cable television in the first place.  In the 18-24 age group, 74 percent said they would quit TV before surrendering the Web, and many never bothered with subscription television to begin with.

The last time Arbitron and Edison posed this question in a survey was in 2001, back when dial-up access still predominated.  Back then, 72 percent of respondents said they could do without Internet and 26 percent said they’d give up TV.

“The shift over these nine years has been steady and profound,” said Edison Research president Larry Rosin.

Some consumers don’t want to watch television over their computers and would prefer to be entertained in a comfortable chair in the living room.  But Internet video innovation is increasingly solving that problem by coupling your television or DVD player to the web.  Several providers like Netflix even deliver their streaming video service through video game consoles.

How do cable companies stop the herd mentality to broadband video, leaving those big cable TV bills behind?  Stick a meter on broadband service, and charge consumers for every TV show they watch or simply put a limit on their broadband service.  The broadband usage cap or meter can, indeed, kill the online video star.

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/WJW Cleveland The Download Internet More Important Than TV 4-9-10.flv[/flv]

WJW-TV in Cleveland reports that more people are ready to ditch their televisions than being willing to part with their Internet connection.  (3 minutes)

Jackson

A Tennessee state senator has introduced a bill that would fine the state’s cable companies for running racy television advertising on its cable channels.

Dubbed the “Girls Gone Wild Bill,” the legislation would hopefully curb cable operators’ willingness to run suggestive advertising, according to the bill’s author Sen. Doug Jackson (D-Dickson).

This isn’t the first go around for Jackson’s bill, having failed to pass during the last two legislative sessions.  But Jackson believes the third time is a charm, passing a vote in the Senate Commerce Committee 8-0, with one member abstaining.

The Tennessean talked with Jackson to learn why the bill was necessary:

Jackson has said he got the idea for the proposal after seeing partially censored commercials for “Girls Gone Wild” videos that show young women disrobing and acting out other sexual situations.

“They’re provocative and shocking to a lot of families trying to raise children,” Jackson said.

The bill would make any television advertisements considered “obscene” to be illegal. Obscenity, Jackson said, is not protected by the First Amendment. Under common law, it is established by community standards, and in Tennessee, each judicial district can establish for themselves what is considered obscene.

“A jury in Dickson County could determine the videos being sold are obscene, which makes it an illegal product,” he said.

The legislation has gotten Jackson plenty of attention across the state, as Tennessee media covered the unusual legislation.  But some fear Tennessee could become a laughing stock over bills like these.

Columnist Gail Kerr, also writing for the Tennessean, called the mad rush of oddball legislation a bunch of  “crazy crap”:

You can sure tell the Tennessee General Assembly doesn’t have any money to spend this year.

After a slam dunk, fast special session on education, our esteemed lawmakers have returned to their usual bad habits.

They have filed legislation that would kill Nashville’s honky tonks, debated whether to outlaw putting electronic chips in people and whether to amend the state constitution to assure you the right to catch a catfish.

Sen. Doug Jackson wants a constitutional amendment to assure every Tennessean has the right to hunt and fish. No one is trying to stop you from hunting and fishing. Jackson also is bringing back his “Girls Gone Wild” legislation, aimed at stopping the late night television commercials promoting the raunchy videos. He was inspired by watching the commercials.

One thing’s for sure, state law prevents these folks from taking campaign donations while in session. With two of them running for governor, one running for Congress and a slew up for re-election, they’ll start getting eager to adjourn pretty quick. It cannot happen too soon.

[flv]http://www.phillipdampier.com/video/WKRN Nashville Girls Gone Wild Bill 02-09-2010.flv[/flv]

WKRN-TV in Nashville reports Sen. Doug Jackson’s bill would allow communities to define certain ads on cable television obscene and have them pulled off the air.  (1 minute)

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WSMV Nashville Senator-Companies Liable For Obscene Ads 2-9-2010.flv[/flv]

Some members of the Tennessee Legislature believe the state’s cable companies should not be taking money from companies peddling smut, as WSMV-TV Nashville reports. (2 minutes)

Protesting adult programming on cable and satellite television is a long-standing tradition in Tennessee.  Some elected officials even dislike the prospect of MTV running on state cable systems.  But most agree lawmakers have the biggest problem with cable’s dirty little secret — extremely explicit adult programming aired on pay per view channels.  Most cable systems don’t go out of their way to promote this type of programming, but viewers learn it is there when skimming electronic program guides.  Most adult movies have titles that leave little doubt what they offer viewers willing to purchase it, and plenty do — it’s very profitable for most cable operators.

[flv width=”480″ height=”292″]http://www.phillipdampier.com/video/WDEF Chattanooga Fowler Objects To EPB Content 11-02-09.flv[/flv]

David Fowler, a former state senator from Signal Mountain, last November denounced EPB, Chattanooga’s city-owned fiber television and broadband provider, for allowing adult programming on the lineup in the first place. (WDEF-TV Chattanooga) (11/2/2009 – 1 minute)