FCC-04-193A1.doc - Federal Communications Commission

Before the
Federal Communications Commission
Washington, D.C. 20554
|In the Matter of: |) | |
| |) | |
|Digital Output Protection Technology|) | |
| |) | |
|and Recording Method Certifications |) | |
| |) |MB Docket No. 04-55 |
|MagicGate Type-R for Secure Video |) | |
|Recording for Hi-MD Hardware |) | |
| |) |MB Docket No. 04-56 |
|MagicGate Type-R for Secure Video |) | |
|Recording for Memory Stick PRO |) | |
|Software |) |MB Docket No. 04-57 |
| |) | |
|MagicGate Type-R for Secure Video |) | |
|Recording for Hi-MD Software |) |MB Docket No. 04-58 |
| |) | |
|MagicGate Type-R for Secure Video |) | |
|Recording for Memory Stick PRO |) |MB Docket No. 04-59 |
|Hardware |) | |
| |) |MB Docket No. 04-60 |
|SmartRight |) | |
| |) |MB Docket No. 04-61 |
|Vidi Recordable DVD Protection |) | |
|System |) |MB Docket No. 04-62 |
| |) | |
|High Bandwidth Digital Content |) | |
|Protection |) |MB Docket No. 04-63 |
| |) | |
|Content Protection Recordable Media |) |MB Docket No. 04-64 |
|for Video Content |) | |
| |) |MB Docket No. 04-65 |
|TiVoGuard Digital Output Protection |) | |
|Technology |) |MB Docket No. 04-66 |
| |) | |
|Digital Transmission Content |) | |
|Protection |) |MB Docket No. 04-68 |
| |) | |
|Helix DRM Trusted Recorder | | |
| | | |
|Windows Media Digital Rights | | |
|Management Technology | | |
| | | |
|D-VHS | | |
ORDER Adopted: August 4, 2004 Released: August 12, 2004 By the Commission: Commissioner Martin approving in part, concurring in
part and issuing a statement.
Table of Contents PARAGRAPH NUMBER
I. IntroductioN 1 II. OVERVIEW OF THE content protection technologies and
recording methods 5 A. Output Protection Technologies 5
1. Digital Transmission Content Protection 5
2. High Bandwidth Digital Content Protection 14
3. TiVoGuard Digital Output Protection Technology 19
B. Recording Methods 24
1. Content Protection Recordable Media for Video Content 24
2. Vidi Recordable DVD Protection System 30
3. MagicGate Type-R for Secure Video Recording 35
4. D-VHS 41
C. Digital Rights Management Technologies 47
1. Windows Media Digital Rights Management Technology 47
2. Helix DRM Trusted Recorder 53
3. SmartRight 57 III. DISCUSSION 61 A. Scope of Approval 62
B. Scope of Redistribution Control 69
1. Localization 69
2. Copy Restrictions 75
C. Technical Matters 78
D. License Terms 79
1. Approval of Downstream Technologies and
Interoperability 81
2. Licensing of Intellectual Property 84
3. Content Provider Third Party Beneficiary and
Enforcement Rights 92
4. Change Management 94
5. Revocation and Renewal 100
6. Compliance and Robustness 104
7. Associated Obligations 105 IV. Ordering clauses 108
I. INTRODUCTION As a part of its efforts to further the digital television ("DTV")
transition, on November 4, 2003, the Commission issued a Report and Order
and Further Notice of Proposed Rulemaking adopting a redistribution control
content protection system to protect against the mass indiscriminate
redistribution of digital broadcast television ("Broadcast Flag Order").[1]
In conjunction with this system, the Commission set forth in Section
73.9008 of its rules an interim process by which digital output protection
technologies and recording methods could be authorized for use in Covered
Demodulator Products required to respond and give effect to the
Redistribution Control Descriptor set forth in ATSC Standard A/65B (the
"ATSC flag" or "flag").[2] Proponents of specific digital output
protection technologies and recording methods can certify to the Commission
under this interim process that their technology is appropriate for use
with Unscreened Content and Marked Content to give effect to the flag.[3] The above-captioned thirteen certifications were received in response to a
January 23, 2004, public notice issued by the Commission opening an initial
certification window.[4] Each certifying entity submits that its
technology is appropriate for use in DTV reception equipment to give effect
to the flag.[5] In response, various parties filed responses and
oppositions with respect to the certifications during the requisite comment
and opposition window.[6] Each certifying entity subsequently filed a
reply. Section 73.9008(d) of the Commission's rules sets forth the relevant
criteria that the Commission may consider, where applicable, in evaluating
the appropriateness of digital output protection technologies and recording
methods under this interim process.[7] These criteria include: (1) Technological factors including but not limited to the
level of security, scope of redistribution, authentication,
upgradability, renewability, interoperability, and the ability of the
digital output protection technology to revoke compromised devices;
(2) The applicable licensing terms, including compliance and
robustness rules, change provisions, approval procedures for
downstream transmission and recording methods, and the relevant
license fees;
(3) The extent to which the digital output protection
technology or recording method accommodates consumers' use and
enjoyment of unencrypted digital terrestrial broadcast content; and
(4) Any other relevant factors the Commission determines
warrant consideration.[8] Based upon the records in the above-captioned proceedings, we conclude that
all thirteen digital output protection technologies and recording methods
satisfactorily fulfill these evaluative criteria, subject to the conditions
described herein. We believe each technology will provide content owners
with reasonable assurance that digital broadcast television content will
not be indiscriminately redistributed while protecting consumers' use and
enjoyment of broadcast video programming and facilitating innovative
consumer uses.[9] This, in turn, will ensure the continued availability of
high value digital television content to consumers through broadcast
outlets.[10] We reiterate that our goal of preventing the indiscriminate
redistribution of digital broadcast television content "will not (1)
interfere with or preclude consumers from copying broadcast programming and
using or redistributing it within the home or similar personal environment
as consistent with copyright law, or (2) foreclose use of the Internet to
send digital broadcast content where it can be adequately protected from
indiscriminate redistribution."[11] Below we provide an overview of each
proposed technology, and then consider in a consolidated fashion various
issues implicated in multiple certifications. II. OVERVIEW OF THE CONTENT PROTECTION TECHNOLOGIES AND RECORDING METHODS A. OUTPUT PROTECTION TECHNOLOGIES 1. Digital Transmission Content Protection Digital Transmission Content Protection ("DTCP") is a digital output
protection technology that employs a cryptographic protocol to protect
various types of "audio/video entertainment content from unauthorized
copying, interception and tampering as it traverses high performance
digital interfaces.