New Yorkers For Fair Use

© Copyright for the Digital Millennium
Comments on FCC NPRM 02-230

Will the broadcast flag interfere with consumers ability to make copies of DTV content for their personal use, either on personal video recorders or removable media?

The broadcast flag when combined with the DMCA becomes a form of encryption or protection as the DMCA defines it. This will effectivly prevent americans from utilizing their fair use rights in broadcasts they receive. It is also contrary to years of FCC regulations and American case law that both hold that any over the air broadcast may be used by anyone that recieves it for their own entertainment in any way they please.

Would the digital flag interfere with consumers ability to send DTV content across networks, such as home digital networks connecting digital set top boxes, digital recorders, digital servers and digital display devices?

If the "broadcast flag" is enacted by the FCC all digital electronic equipment will be forced to honor it. This will effectivly put an end to americans making use of private recordings as they see fit in their own homes. It will also cause the loss of countless other creative works that might have been derivitive works.

Would the broadcast flag requirement limit consumers ability to use their existing electronic equipment (equipment not built to look for the flag) or make it difficult to use older components with new equipment that is compliant with the broadcast flag standard? While there is no hard proof that the broadcast flag would be a problem for older digital equipment there is also no guarantee that makers of equipment that honored the broadcast flag would allow any interoperability.

Would a broadcast flag requirement limit the development of future equipment providing consumers with new options?

Absoutly the broadcast flag would limit what equipment the american public could own. It would create 2 classes of computer owners in the United States, the TV/Movie industry, who could own fully functional computers, and everyone else that would be forced to own crippled computers.

What will be the cost impact, if any, that a broadcast flag requirement would have on consumer electronics equipment?

The cost of the broadcast flag is so high that it can not be calculated. The loss to our society by forcing only crippled digital equipment (computers etc) on the United States public is so large that it can not be assigned a number. How many creative works will never happen, how many great scientific and engineering discoveries will never happen simply because the FCC is looking at "cost of parts" and not the true cost to society.

Other Comments:

The FCC has no business getting into Digital Restriction Management. The mandate of the FCC is to provide proper management of the airwaves as a public trust. To that end
the FCC needs to act on behalf of the majority of the American public, and not on behalf of industry groups.

Brett Wynkoop
622A President Street
Brooklyn, NY 11215

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