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HBO freezes fair use; plugs analog hole
http://www.corante.com/copyfight/archives/026610.html

- Posted by Jason Schultz

Going on a trip and want to take the latest episode of The Sopranos with
you? Forgetaboutit. Coming this June to a cable or satellite set top box
near you, HBO will be locking down all fair use rights on their content --
whether analog or digital. You can make one copy of regular HBO content and
no copies of On-Demand content:

    Commencing in June, HBO will include a technology in its program
services that provides copyright protection information to consumer
electronic equipment connected to analog outputs of cable and satellite
set-top boxes. The technology (CGMS-A -- Content Generation Management
System for Analog) enables compliant digital recording devices to abide by
federal digital encoding rules.

    In accordance with the federal encoding rules, HBO and Cinemax
subscribers will still be able to make a single copy of HBO and Cinemax
linear programming, but will not be able to make any copies of HBO-On-Demand
or Cinemax-On-Demand programming.

Why would you need to make extra copies? Well, if you:

* Have On Demand content down downstairs in your living room but want to
watch it upstairs in the bedroom. Under the old system, you could copy it to
VHS tape to "space-shift" it. Under the new system, no can do.

* Want to take On Demand content with you when you travel to watch on the
plane or in your hotel room

* Have a large family where several folks want to watch the same thing at
once but in different places.

These are all arguably fair uses under copyright and not illegal. But rather
than let a judge decide what's legal and what's not, HBO has made the
decision for you. And in doing so, they've placed a cap on fair use. No more
than one copy of non-OnDemand content -- ever.


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