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Microsoft volunteers to restrict consumers video recording options

For thousands of content consumers across the world, the digital video recorder (DVR) has become one of the core technologies that allow us to watch and use digital content like movies and TV shows in our homes the way we want.

Back in 2005, the FCC proposed that software and hardware makers be compelled to honor broadcast flags. These flags would have given broadcasters the ability to control how the content it broadcasts was used inside a consumer’s home. The flags would have allowed networks to outright block recording of their programs or make it where watchers had to view the commercials placed in programs.

Thankfully for the consumer, the FCC’s proposal was stuck down by the courts. The courts ruled that the FCC didn’t have the authority to tell electronics makers how to interpret signals they receive. However, the ability to follow the proposal was left up to the individual software and hardware makers.

Microsoft has been rather mum on the topic; however, the software giant and its Windows Vista Media Center application brought the topic to light again recently. Owners of Vista Media Centers were prevented from recording two NBC programs showing during Monday night prime time: American Gladiators and Medium.

NBC received many complaints over the broadcast flags for the two shows that were issued causing users of DVRs powered by Vista Media Center to be blocked from recording. Microsoft admitted that its Vista Media Center complied with the broadcast flags, something that was not made clear according to many users of the software.

Danny O’Brian of the Electronic Frontier Foundation (EFF) says, “Microsoft has put the requirements of broadcasters above what consumers want. They've imposed restrictions way beyond what the law requires. Customers need to know who Microsoft is listening to and how that affects their equipment. Right now, the only way customers know what Microsoft has agreed to is when the technology they've bought suddenly stops working. Microsoft needs to come clean and tell its customers what deals it has made."

NBC came back yesterday according to News.com and said that the flag on American Gladiators and Medium was issued inadvertently. A NBC spokesperson told News.com, “We made an inadvertent mistake. We're not aware of any other complaints, and we believe we have addressed the problem.”

DailyTech reported on the EFF criticism of the original FCC proposal for broadcast flags in early 2006.

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What were they thinking?
By PandaBear on 5/20/2008 3:05:40 PM , Rating: 5
I'm sure I wouldn't buy a Media Center now I learned about this. Off to MythTV or other software I go.




RE: What were they thinking?
By BladeVenom on 5/20/2008 3:23:23 PM , Rating: 3
SO they'll sell out all the customers who have paid them hundreds of billions of dollars, just so they can kiss Hollywood's ass.

Thanks Microsoft.


RE: What were they thinking?
By Mitch101 on 5/20/2008 3:35:49 PM , Rating: 5
I think this hurts NBC more than Microsoft for being dumb enough to do this. Miss a couple of episodes and you stop watching the series. NBC will lose viewers.

For example CBS kept airing Dexter at off its normal scheduled hours because of a sporting event. My DVR kept missing Dexter episodes because it wasn't on at its normal times. When we found out we missed 3 episodes because of this we stopped watching CBS. I could blame the DVR but its doing what it should. It was the broadcaster CBS that decided it didn't want me following its series. Which by the way is Excellent and I subscribed to Showtime for it. CBS lost me and Showtime gained me in this case. Same can happen to NBC.

If NBC wants to play DRM stupidity well there are plenty of other quality programming shows to watch on other networks.


RE: What were they thinking?
By mattclary on 5/20/2008 3:43:43 PM , Rating: 5
Isn't it funny that they can use a "flag" to announce the show can not be recorded, but they can't implement a "flag" to say "XXXXX show is starting now. Begin record in 5,4,3,2,1,mark".


RE: What were they thinking?
By djkrypplephite on 5/21/2008 5:14:32 AM , Rating: 2
You sir, are brilliant.


RE: What were they thinking?
By Martimus on 5/21/2008 9:41:27 AM , Rating: 2
They can, but why would they? They make their money on advertisement, and if that is being avoided they have no reason to broadcast at all. Why would they willingly make it easy to take away their source of income?


RE: What were they thinking?
By spluurfg on 5/21/2008 11:09:20 AM , Rating: 2
Well we're assuming that the broadcaster controls the 'flag', so they would just keep the flag active while the commercials which 'belonged' to that show were playing.


RE: What were they thinking?
By paulpod on 5/21/2008 5:19:36 PM , Rating: 2
Broadcasters also fought and won the fight NOT to put aspect ratio flags in the DTV standard. Now most viewers using converter boxes will almost never be seeing shows and commercials the way they were intended.

Nice going again, FCC.


RE: What were they thinking?
By mmntech on 5/20/2008 4:35:04 PM , Rating: 3
We're back to 1984 again. I'm glad I kept my VHS unless the broadcast flag somehow messes with that. The DRM game is getting tired fast. Sony Corp vs Universal back in 1984 basically ruled that you were legally allowed to tape any TV show for the purposes of time shifting. Then in comes the DMCA in 1998 which basically trumps that Supreme Court ruling. The way DRM works under the new law would be equivalent to banning cars because some people use them to speed. It's ridiculous. The law definitely needs to be replaced with something guaranteeing consumer rights since the current DMCA is getting abused left, right, and centre. I doubt anybody in congress has the balls to do that though. Here in Canada the law is still murky but we start going this way, there will be a few nasty letters to my MP. He owes me some favours. Long story.


RE: What were they thinking?
By FITCamaro on 5/20/2008 7:12:21 PM , Rating: 2
Just don't use windows media center in vista and the problem is solved.


RE: What were they thinking?
By Omega215D on 5/20/2008 5:06:24 PM , Rating: 4
CBS didn't lose anything. Since you've subscribed to Showtime CBS being the owner still gets the revenue.


RE: What were they thinking?
By eye smite on 5/21/2008 9:41:22 AM , Rating: 2
I know I'm probably gonna get slammed for this, but here's another perfect reason why people don't want Windows Vista.


RE: What were they thinking?
By RogueSpear on 5/20/2008 3:36:07 PM , Rating: 2
MythTV or, on the Windows side of things, MediaPortal are both better IMO anyway.


RE: What were they thinking?
By AstroCreep on 5/20/2008 7:28:00 PM , Rating: 2
Yep. As a matter of fact there are a few Linux distros that have MythTV incorporated; MythDora comes to mind.

But back to the matter at hand - it's not like someone won't find a way around the MS-Broadcast Flag.
I'm just as pissed about this as anyone else, but give it some time and there will be a crack.


RE: What were they thinking?
By AntiM on 5/20/2008 7:42:01 PM , Rating: 2
I'll tell you what they were thinking. They were thinking,... "I wonder how many pathetic idiots actually watch these lame shows?"
"Since these are our worst shows, let's try out that broadcast flag thing and see how it works, surely no one would complain about missing either of these shows".


RE: What were they thinking?
By Hiawa23 on 5/21/2008 9:00:40 AM , Rating: 2
I must be old fashioned cause I use a DVD recorder & sometimes VHS.


By omnicronx on 5/20/2008 3:42:10 PM , Rating: 4
Broadcast flags do not exist in the Analogue world nor was this what was activated by NBC for the shows in question. What NBC activated was CGMS-A.




By omnicronx on 5/20/2008 3:44:30 PM , Rating: 2
Also I would like to note broadcast flags (the other kind) was implemented in MCE 2005, and other consumer electronics as early as 2003.


By mattclary on 5/20/2008 3:45:39 PM , Rating: 2
Can you clarify? What does that mean?


By omnicronx on 5/20/2008 3:53:16 PM , Rating: 5
It means the situation people should stop worrying about it, it was nothing more than a mistake, it is not something implemented in Vista as it exists in MCE2005, and it looks like no channels are actually going to implement either form of protection.

As for clarification:

quote:
CGMS-A is what the majority of people seem to be confusing with the Broadcast Flag. They are completely different. They share nothing in common other then both being "flags." CGMS-A is for analog broadcasts. There is a problem with this and Media Center. This is not what stopped people from recording NBC last week. This is what that huge thread is about.

The Broadcast Flag is a digital flag in Other The Air ATSC broadcasts. It can't and doesn't apply to anything else. If you have problems recording via a CableCARD, it is not the Broadcast Flag. If you have trouble recording any kind of local analog channel, it is not the Broadcast Flag. If you have issues recording from cable or sat, it is not the Broadcast Flag.

One again, the Broadcast Flag applies ONLY to ATSC (digital local channels). It can't be on anything else. There has been One (1) instance of the Broadcast Flag appearing to be honored. One, that's it. Add to that, NBC fessed up and said they did something wrong. Vista does have the ability to support Broadcast Flags. If you read the Longhorn PPTs from three years ago it even says they were developing for it. Maybe it is just me because I work with this stuff everyday, but I was not at all shocked that something like this "could" happen. That said, there has been one instance reported that didn't even affect all users.

My understand of the Broadcast Flag is that it is not supposed to prevent recording, but instead basically be CopyOnce. Since Vista blocked it, and since NBC said "our bad," maybe we should stop and think a little bit here.

CGMS-A, Broadcast Flag, <insert protection here> means CableCARD and DIRECTV. Without support for CGMS-A, there is no CableCARD in Windows Vista. Without CGMS-A, there is no DIRECTV in the next release. Content protection is a must for a platform like this, but it must work correctly.

CGMS-A clearly doesn't, but it is not the Broadcast Flag that everyone is saying it is. My overall point is, this stuff is needed but it must respect your right to record and must be bug free. Please keep reporting this type of issues, but please know the difference in what you are complaining about. It makes a huge difference all around.