"customary historic use of broadcast content"
The EFF published an article on Friday covering the Broadcast Flag legislation and a particularly cryptic rider that looks to be rather chilling for future innovators. Apparently fair use would be limited to...
..Taken literally this means that future media devices (web site applications?) will be limited to what is on the market today. Right now the burden of proof is on the content owners that new technologies may or may not violate their fair use rights. The EFF points out that in the past an innovator like Sony was able to create a VCR first, then later it would be determined if it violated copyright holder's intellectual property. In an ironic twist, Sony, formerly a Fair Use Innovator is now a Copyright Holder champion under BMG. (Sort of a case of a multiple personality company, but speaks highly of the transition of some companies from content enablers to content creators). With this law we'll pretty much be frozen in time with the current media offerings. Well at least in the United States. More info on the EFF Site.
"customary historic use of broadcast content by consumers to the extent such use is consistent with applicable law."
..Taken literally this means that future media devices (web site applications?) will be limited to what is on the market today. Right now the burden of proof is on the content owners that new technologies may or may not violate their fair use rights. The EFF points out that in the past an innovator like Sony was able to create a VCR first, then later it would be determined if it violated copyright holder's intellectual property. In an ironic twist, Sony, formerly a Fair Use Innovator is now a Copyright Holder champion under BMG. (Sort of a case of a multiple personality company, but speaks highly of the transition of some companies from content enablers to content creators). With this law we'll pretty much be frozen in time with the current media offerings. Well at least in the United States. More info on the EFF Site.
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