Senator questions need for new law to plug analog hole
Posted on 05/07/06 17:00 by Dan Bell                             
Senator questions need for new law to plug analog hole

Hollywood received a bit of a shock in a recent special Senate hearing, from Senate Judiciary Committee Chairman Arlen Specter, R-Pa. The gentleman from Pennsylvania questioned the need of creating new laws, to force the closure of the analog hole. The movie industry is pointing to this problem as it is a means of facilitating the illegal copying of copyrighted materials, such as DVDs. He suggested that the industry should form a voluntary agreement on their own, to get the job done.

This is certainly a bit of fresh air, as it seems rather puzzling that the government should have to create laws to police an industry.

The issue at hand is the use of the familiar red, yellow and white connections that still sprout from many a home entertainment device. People can use these analog ports to capture the converted analog signals from a digital source. Then, you simply convert the signal back to digital for storage to a computer disc or optical media. This, the movie industry contends, is the "analog hole".

The process can be a hassle, but Hollywood studios say it's a big factor in piracy. As broadcasters switch to digital signals, producers fear their shows will be copied and distributed over the Internet.

The chairman and top Democrat on the House Judiciary Committee have introduced a bill requiring manufacturers to install technology that prevents the copying of digital images through analog jacks. However, the odds of a voluntary agreement are slim.

The scope of the problem of illegal copying through analog devices is subject to debate. "Pirates don't use analog-to-digital. They use digital-to-digital," said Matthew Zinn, TiVo's senior vice president, general counsel and chief privacy officer. "The only people affected by this legislation are ordinary law-abiding citizens."

It seems likely that the gentleman from TiVo is right in his assumption. Yet, who knows? One thing that's for sure, even though it is a hassle as mentioned above, it is a method of working around present laws. But, it seems to me that if the shows were copied using the analog hole, they would only be legal for personal use. There are already laws on the books for sharing of copyrighted materials over the Internet, no matter how they are captured!

It also seems wrong and redundant for the government to have to create a new law, that would basically force hardware manufacturers to do the bidding of the movie and television industry in this special instance. As Matthew Zinn mentions above, this law would not stop a pirate, it would merely just irritate and harm consumers. We would have to ask, in todays rapidly changing technical society: Where will it end? But, it certainly has happened before, the creation of new laws that is, and piracy was mentioned then as well. One such law is called the Digital Millennium Copyright Act or DMCA and it totally trumped Fair Use rights for the consumer.

Once this law was in place, the legal right to backup was stopped in cases where an anti-copy protection was utilized. Nearly all DVD movies for example, contain a CSS scrambling code now. Since it is illegal to circumvent the protection, technically, you may not back up such a disc by removing the CSS portion on the disc. This is why the industry really wants the analog hole patched, as you are not circumventing the disc copy protection using this method! I suppose if you ever got caught with a ton of movies on your hard disc drive, this might be a good defense, to say you used the analog hole and that the files were for your own personal use.

Source: Business News

Reactions
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By gogochar, Wednesday 05 July 2006 17:22
Good question, Senator. Why should they make laws to try to secure their paychecks??? Other companies around the world don't do it. So why should the RIAA and the MPAA be any different. People have been ripping off companies like Coca-Cola for years! And they don't try to make laws to ammend their losses!
By Dr. Who, Wednesday 05 July 2006 20:48
Dr. WhoI agree with you 100%. Plus like to add to the comment there is no laws for drugs prescribed or over the counter and all is fair game there too. They took what us americans right to obtain a back-up for personal use and feel they killed the eff.org people on this as well. I think all this manpower they're using could be used to track down pirates that are making a profit not for personal use, this has been redirected to try to stupify us and it did to most. Look at this for example : Alqida took the U.S. planes and crashed them. We go to war and then somehow bin laden looking went to sadam hussian looking and we are supposed to believe all is well now plus korea is now testing, not saying they're planning attacks but testing for future use. Once again we are not worried about bin laden again........Where's my rights I ask being an american. I pay taxes ect.....Frown
By greg42, Wednesday 05 July 2006 20:49
Best thing for all of us to do is to boycott the movie industry - don't buy ANY DVDs or ANY CDs that affect your fair use rights! Simple concept - This will certainly not prevent people from buying a plasma screen and a good camcorder to film the content Big Grin There again they will have to plug THAT hole too, bloody arse bandits!
By rla, Wednesday 05 July 2006 20:54
Spector seems to have a clue here. Then entire comsumer audio industry was jacked up when serial copy protection was rammed down their throat. It reduced features, frustrated consumers and forced those wanting to make digital copies of their own legitimate recordings to purchase professional gear at very high prices. Even after mucking up the works the RIAA still cried its woes and pushed for more restrictive legislation...and they got it. The RIAA states. on their own web site, that they have no problem with making personal (fair use) copies of CDs, yet behind the scenes they are screaming that consumers should not be allowed to archive, but rather should repurchase a defective CD. Now we have the movie and recording industries hell bent on either stiffling technology or making it as undesirable to consumers as a lot of their own products. Quite frankly the government needs to get their noses out of these fair market issues. Audio and Video manufacturers need to take a leadership role and send a message to the media manufactureres that their products will play and record to book standards. If the recording and movie industries don't like it let them make their own proprietary players and the rest of us can make a decision as to whether the RIAA/MPAAs productions are worth it. Where is the logic in legislation forcing hardware manufacturers to engineer products so that the recording/movie industry can be handed profits. For crying out loud are they really bringing that much to the party?
By shaolin007, Wednesday 05 July 2006 22:04
shaolin007How did you get from plugging the analog hole to Al Qeada and Iraq? I think what these companies are doing is BS but come on guy.
By Crabbyappleton, Wednesday 05 July 2006 22:36
Crabbyappleton"Where is the logic in legislation forcing hardware manufacturers to engineer products so that the recording/movie industry can be handed profits. Then to add insult to injury, we are forced to pay higher prices, (as manufacturers will have to pass this on to the consumer) for the technology that further strips our rights. It's like we are building our own gallows! Frown
[edited by Crabbyappleton on 05.07.2006 22:36]
By robert2, Wednesday 05 July 2006 23:56
Soon or later, the broadcast flag, will be in effect, along side the analog hole closure, and most likely a prevention to stop publicity skipping. Some sort of protection on all portable devices, to stop over the air music recording,. I wonder, if were gonna have to call, the recording industries, to ask permission before watching a show, and ask how much money to send them!!!!! puke
By applegodel8, Thursday 06 July 2006 02:38
You make a good point, and not only that, I think it will get so bad that the consumer will say F*** the whole thing and just lose interest in all audio and video products. You ever watch those futuristic movies like star wars that have that strange computer generated music? Well I fear highly that is what the future could hold, it will get so bad we will not have artists any more and that the industry will rely on computers to create the stuff to try and make what money they can or just sell computer that generate music at random. If that ever happened I think I would take a bullet to my head.
By Zzyzxroad, Thursday 06 July 2006 08:40
well remember macrovision, and trying to record from vcr to vcr you got those scrambled and black/white pics. for a few dollars you could buy an in between box to fix the prob. I wonder if those are illegal now since it is circumventing copy protection??? Could a similar device be made now for a digital application??? And would it also be illegal??
By Waethorn, Friday 07 July 2006 00:27
I was going to bring that up, but it seems you already did. Macrovision makes analog protection for all DVD's, just like how CSS, and it's derivatives are in place for digital copy protection. And if you must know, YES, according to a section of the DMCA which blankets North America (not just the US), if you're breaking any kind of copy protection [not just digital], it is illegal to do so, for whatever means. That's the reason Macrovision invented the analog protection systems a few years before DVD's started coming out and started implementing it on VHS - to prevent illegal copying. The way the US-created laws work is that the highest restrictions take precidence. So you have fair-use laws, but the DMCA law says you can't break copy protection, which overrules the ability to create a backup for fair use. I know it's a screwed up law. There's enough DRM technology available to keep people happy on both fronts (consumers, and content-creators), but I have yet to see a company come along to implement it correctly and turn it into a standard system. I think if someone were to engineer a method of creating a limited number (1 or 2) machine-locked copies of an original pressed disc ONLY, it'd work well for consumers. Alas, it has not been made available even with the up-and-coming next-gen DVD formats. I'm keeping my fingers crossed, that a 3rd standard-format, yet compatible next-gen disc replaces HD-DVD and Bluray and gets DRM right! I've written a whole submission in the HD-DVD vs Bluray Forum that points out all the requirements one would have to follow in order to do it properly. Hopefully a link to the forum won't be edited out: http://club.cdfreaks.com/showthread.php?t=129949&page=4
By robert2, Friday 07 July 2006 00:31
Once all copy protection is enabled, it will be impossible, to bypass, has it will be all hardware based, from source to output, new protections, do a hardware handshake when you turn on your hardware, even the order in wich you switch on devices is critical, for handshake to work, so this will require way more then a box in between devices....puke
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