Sometimes an issue you are interested in gets decided before you even know the issue exists. eSchool News reports that the U.S. Circuit Court of Appeals for the District of Columbia has rejected a proposed “broadcast flag” for digital video. Such a marker would be attached to broadcast digital video content and prevent anyone from storing and sharing video content. Educators have some opportunity to make limited use of such content under the TEACH Act. While there is obviously opportunity for abuse and it would be naive to claim that some educators have not abused opportunities to tape television programs for classroom use, this ruling appears to come down on the side of assuming certain users will use digital content appropriately.
If this issue does not make sense to you, I understand it in comparison to how Apple protects music downloaded from the Apple Music store. When I purchase a CD, as the owner of that CD I can “rip” and legally copy the music to my computer. In a way, I own my copy of that music. However, with iTunes, a song I downloaded is protected. I can actually share it with myself within limits, but there are limits. As an owner of the song, I am legally prevented from attempting to circumvent the copy protection attached to the file. In a way, I have a right to copy a resource I own for my own use (as in the case of the songs on a CD), but I do not have a legal right to defeat copy protection attached to the original (I think this is an accurate representation of the situation). I am no way advocating stealing of music. However, I purchase a great deal of music as downloads and on CD and I am frustrated by legal measures that seem to assume I will attempt to do something illegal with the music I download.
So – the legal decision here would seem to declare copy protection schemes designed to prevent the acceptable use of broadcast digital video illegal. I can’t believe this will be the end of this issue.
