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An FCC Rule that Should Fade to Black


Technology continually makes new products and services available to consumers. Thankfully, much of the time technology moves too fast for government regulation to stifle it, but occasionally government regulations still get in the way.

A case in point: The movie industry would like to take advantage of technological advances and try a new way to deliver early-release (before the movie is available on DVD), high definition (HD) movies right into our homes–but only if assurances are made that their content will not be stolen right out from under them

To do this, the industry needs the ability to (for special early release content) selectively disable certain ports on the backs of televisions and cable/satellite boxes to prevent piracy.

This is exactly the kind of thing consumers want the content industry to do: Break out of the box and try new business models. But government is in the way of consumers having access to this new service, and to other potential products and services that depend on content protection.

Five years ago the FCC restricted (with some exceptions) how consumers could use their technology in their homes—insisting that the prohibition was necessary for the transition to digital broadcasting. Currently, the restriction does not allow the most secure device connections on a HD television to be used for direct-to-home movies when that content is delivered by IPTV (television via the Internet), cable or satellite providers.

An exception should be made to allow consumers to avail themselves of the best content available, and to allow content owners to try this exciting new business model.

Because of government restrictions, consumers do not even have the option to receive the best content because the owners of that content fear it could be stolen. In this case and central to the business plan, security is a key to the expansion of consumer opportunities. Just as a storefront may open in a neighborhood only when the proprietors are confident that their products are secure from theft, so too Hollywood is hesitant to provide early release HD movies if they can easily be stolen.

FCC regulations should not stand in the way of intellectual property protection, and certainly not in the way of consumers gaining access to new products and services that violate no one’s existing rights.