Consumer Electronics Association vs. MPAA – Leave HDTV Alone!!
For those who may not be aware, the MPAA has requested the FCC to grant its members with the authority to turn off analog component outputs on satellite and digital cable boxes that are in your home (AKA Selective Output Control or “SOC”). In exchange for this incredibly insulting ability to turn off component HDTV, the MPAA says its members plan to offer Pay Per View or other performances over satellite and cable before the movie in question is released on DVD or Blur-ay. Yea, right – thanks for nothing.
Since the filing, the MPAA or its representatives have met behind closed doors with various staff and commissioners of the FCC at least 6 times. Such closed door meetings are permitted so long as they are disclosed (and are called Ex Parte proceedings). Single party back room meetings are generally disfavored in the American court system – but then this is not taking place in a court it is an administrative hearing over proposed rulemaking.
After several weeks, another association has just gotten into the frecas and is meeting with the FCC ex parte – the Consumer Electronics Association (CEA). An association is out to accomplish only one thing, represent its dues paying members in matters of government or media where the activity of a single member would not be as persuasive. That said, the CEA letter indicates that in this one instance, at least, the interests of the CEA and consumers are finally aligned. CEA states that in its meeting with the acting legal advisor to Chairman Martin it argued that “the powers sought by [the MPAA] as filed would likely be used to the disadvantage of consumers, technology, and competition ….” The letter also points out the MPAA seeks authority without limits (You know “Great Power with No Responsibility”) – but there is no surprise there – it states the obvious when you consider a company wants to reach into homes and turn off HDTVs that don’t have the DRM copy prevention of which they approve. Needless to say, the Commissioners probably needed it to be spelled out for them. Of course, there is nothing in the CEA filing that indicates CEA is flatly opposed to the request, just to the request as filed.
The National Association of Theater Owners (NATO) has also made a visit to FCC staff, but their letter indicates something closer to panic than opposition. NATO would likely greet SOC warmly except for the fact that it shortens a movie’s run in the theaters owned by their members. All NATO seeks is time to negotiate with the MPAA so that they can have some period of exclusivity of performance. Nonetheless, their filing shows that they are playing checkers while the MPAA is playing chess. NATO should flat OPPOSE the MPAA. It could force the MPAA to permit sales of DVDs in the theaters. Imagine being able to buy a DVD of the movie you just saw as you LEFT the theater. That would be innovation. But, no, we are stuck with the MPAA and its quest to turn off your HDTV.
The Electronic Frontier Foundation filings are nowhere to be found in the electronic comment database or the EFF’s own site (if they made any comments at all).
The MPAA had until July 7, 2008 to reply to any oppositions. That filing must have been made in paper form because it is not in the electronic filing system for the FCC.
Who knows where all of this will end up. Consumers should not be very optimistic. They don’t have lobbyists.
Links to the actual filed letters are below – and are in pdf format.
CEA Letter Notifying of Exparte Meeting
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