On Tuesday 25 October 2005 18:08, Michael T. Dean wrote:
> Steve Adeff wrote:
> >On Tuesday 25 October 2005 16:30, Andy Alsup wrote:
> >>So, I'm no lawyer, but I think this means that requiring 5C compliant
> >>devices in order to record content that isn't protected is not
> >>allowed.
> >
> >true. but the question is, what is considered "protected". We know OTA is
> >required to be openly available, but it sounds like anything you have to
> > pay for is considered protected under the law, meaning they can 5C
> > protect the rest of the channels.
>
> Do we know this applies to both *digital* and *analog* OTA?  I've never
> seen any official statement that anything other than *analog*-only basic
> cable tier service must be provided unencrypted.
>
> I know that EFF and other organizations have made a lot of comments to
> FCC about this issue, but all I've seen are comments, like:
>
>     - "III. DIGITAL OVER-THE-AIR BROADCASTS MUST REMAIN UNENCRYPTED WHEN
> RETRANSMITTED OVER CABLE" (Mar 28, 2003) at
> http://www.eff.org/IP/Video/HDTV/20030328_fcc_cable-ce_comments.pdf
>     - "III. TREATMENT OF OTA BROADCASTS ON BASIC TIER CABLE" (Feb 13,
> 2004) at http://www.eff.org/IP/Video/HDTV/fnprm_comments.php
>     - "II. THE COMMISSION SHOULD RETAIN ITS RULE PROHIBITING ENCRYPTION
> OF RE-TRANSMITTED BROADCAST TELEVISION ON CABLE" (Mar 15, 2004) at
> http://www.eff.org/IP/Video/HDTV/?f=eff_fnprm_reply.html
>
> So, does anyone have a link to any official
> ruling/statement/interpretation/whatever...  (I'm not looking for a
> yes/no answer.  I'm hoping for a reference.)
>
> Thanks,
> Mike

well, it all depends really. as an electrical engineer I see all broadcasts 
into the air as analog, digital just sits on an alternating wave. as a cable 
company owner I see all broadcasts in the form that makes me the most money, 
ie digital.

So, while the FCC does only state that OTA *analog* broadcasts must remain 
unencrypted, the interpretation is up to the person with the most power. I 
have a feeling though that cable companies won't bother encrypting the OTA 
stuff because it doesn't really matter.
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