[Infowarrior] - A Pro-DRM FCC Commissioner

[Richard Forno]

April 18, 2006
A Pro-DRM FCC Commissioner
http://www.techliberation.com/archives/038231.php

Last night a FCC commissioner came out in favor ofŠDRM? Yes, at a reception
sponsored by the DC Bar Association in her honor, Commissioner Deborah
Taylor Tate, the newest addition to the FCC, spoke eloquently on a number of
issues but perhaps most remarkable was her advocacy for strong copyright
protections. Hailing from The Music City, Nashville, this former Tennessee
Regulatory Commissioner proclaimed her love for country music and the
artists that wish to use DRM to protect their content.

Now I have no beef with DRM and think content owners should be free to
utilize any scheme they want if informed consumers are willing to spend
money on it. But regardless of your views of DRM (and TLF bloggers differ I
know), I don¹t think any of us here want the FCC to get more involved in
this matter. The broadcast flag was an FCC rule that allowed the recording
of digital broadcasts only by approved hardware devices that could recognize
whether or not a certain data stream can be recorded, or if there are any
restrictions on recorded content. That rule was invalidated last year in a
case before the D.C. Circuit Court of Appeals, which found that the FCC had
exceeded its authority by creating this rule.

Commissioner Tate said that despite the FCC¹s lack of legal authority, she
can still use her bully pulpit to bring awareness to content protection
issues. Fair enough‹policymakers, even Supreme Court justices, use their
position of prominence to discuss many issues. The convergence of
communications and copyright is indeed a legitimate policy issue. Hopefully
Commissioner Tate will use her pulpit to advocate for market-driven
solutions, not greater FCC authority. She would be effective at this too.
She comes across as warm and engaging and persuasive.

Copyright protection shouldn¹t be hindered by government through some sort
of affirmative access requirement (see France). However, copyright
protection shouldn¹t be mandated by government either‹hardware companies and
content interests must learn to play together with the marketplace, not the
Grand Ole FCC, as their venue.