aTypical Joe: a gay New Yorker living in the rural South
Monday, October 31, 2005
The Analog Hole
Hollywood has fielded a shockingly ambitious piece of “Analog Hole” legislation while everyone was out partying in costume. Under a new proposed Analog Hole bill, it will be illegal to make anything capable of digitizing video unless it either has all its outputs approved by the Hollywood studios, or is closed-source, proprietary and tamper-resistant. The idea is to make it impossible to create an MPEG from a video signal unless Hollywood approves it.
Here are a couple ideas he’s heard from lobbyists:
1. You can “accept a contract” by changing the channel. If you change the channel from 3 to 4, and the show on channel 4 has a signal that says it can’t be recorded, then by watching channel 4, you’re “making an agreement” to waive your time-shifting right in exchange for the show. This is like a shopkeeper hiding a “I reserve the right to punch you in the nose” sign somewhere in his shop and then randomly clobbering his customers, answering any complaints by saying that you agreed to it when you came through the door.
2. Everything with value has a price-tag. Today you can rewind TV, fast-forward it, skip the ads, move it to another device in your house, or stream it to your web-browser on the road. Tomorrow all of these features will only exist if they are permitted, on a case by case basis. The studios will “enable the business-model” of charging you money for the stuff that you get for free today. Here’s a quote: “Doing this stuff has value, and if it has value, we should be able to charge money for it.” They do indeed have value: you currently enjoy that value. Under this proposal, the value will be stolen from you and sold back to you piecemeal.
As I urge students to become aware of cpyright issues, and maybe even start their own FreeCulture chapter on our campus, I’m struck by how accepting they are of the imposed restrictions. They appear to buy right into Hollywood’s arguments.
I can only hope that Cory is right:
Americans will forgive a lot of sins from their elected representatives, but there’s one thing they won’t stand for and that’s breaking their TVs.
