Abstract
In late 2003, the FCC approved a regulation called the "Broadcast Flag." The regulation mandated that after July 1, 2005, all consumer electronics devices that could receive over-the-air terrestrial television signals must also be able to detect and read "Broadcast Flags." These "Flags" are small pieces of software code embedded in a digital terrestrial television stream that can be recognized by consumer electronics products like digital TV sets, PVRs, and even PCs with TV tuner cards. The Flags are designed to fight digital video piracy by restricting how consumers can record and transfer their TV programming to other forms of media.
However, a lawsuit filed by consumer groups challenging the Broadcast Flag mandate was recently upheld by the US Court of Appeals, and the future of the Broadcast Flag is now in doubt.
This report looks at the history of the Broadcast Flag, and examines the reasoning behind the recent Appeals Court decision. It also identifies approved Broadcast Flag technologies, and tracks the opinions of key players in the Broadcast Flag debate. Finally, the report discusses the future of the Broadcast Flag, to include a prediction about specific regulatory and legislative scenarios that will likely occur before the end of 2005.
Table of Contents
- Executive Summary
- Methodology
- Overview: The Emergence of the Broadcast Flag
- The Court Battle
- So What Exactly Is It?
- The Broadcast Flag: Key Questions
- Approved Broadcast Flag Technologies
- Interest Groups & the Tech Industry: Different Views About the Broadcast Flag
- Consumer Electronics Manufacturers
- Content Developers: Broadcasters & Movie Studios
- Consumer Groups
- Open Source Developers
- Other Tech Companies: Software Developers & Semiconductor Manufacturers
- Some Additional Perspective on the Flag
- Consumer Electronics Manufacturers
- A Look at the Next Few Months: Continuing Legal and Legislative Maneuvering
- Long-Term Expectations: The Future of the Broadcast Flag
- Most Likely Scenario for the Broadcast Flag
- The Broadcast Flag: In-Stats Conclusions
List of Tables
- Table 1. Approved Broadcast Flag Technologies
- Table 2. US TV Households: Primary Source of TV Service (Households in Millions)
