In a move that could have far-ranging implications for those who still own an older TV without an HDMI connection, the Federal Communications Commission (FCC) is allowing Hollywood studios to block analog video signals coming out of cable and satellite settop boxes for new-movie releases, ostensibly to prevent illegal copying so they can release movies on demand closer to their debut in theaters.
The decision, requested by the Motion Picture Association of America (MPAA), which represents the major movie studios, loosens the ban prohibiting cable and satellite companies from implementing what is called a Selectable Output Control, which remotely disables the analog audio and video signals being sent from their boxes. Hollywood argued (PDF) that by allowing signals to be sent only via the HDMI outputs—which include a digital anti-copying technology called HDCP—movie studios would be able to offer customers first-run, on-demand movies much closer to, or the same day as, their release in theaters.
There are some limitations to its use, however. For one, it only applies to video-on-demand movies on a title-by title-basis. Basically, specific movies will contain a flag that instructs the box to shut down its analog connections. For another, the technology can't be implemented for movies that have already been released on Blu-ray or DVD, or for more than 90 days after its first use on a given title. And the FCC reserved the right to review the ruling and change it if necessary. (View the FCC's entire "Memorandum opinion and order" on the issue. Adobe Acrobat or equivalent software required.)
However, critics say that the estimated 20 million households that still use older TVs without HDMI connections are being disenfranchised, since they will no longer have access to those newly released movies. There is also a fear that some legal recordings made on recorders that use analog inputs will be prevented. And even for those who own TVs with a single HDMI output, the ruling could be an inconvenience if you prefer to connect your Blu-ray player to that connection, as you'd have to unplug the player to watch a VOD movie.
Several organizations, including Public Knowledge and even the Consumer Electronics Association, opposed the waiver. "We are disappointed that the [FCC’s] Media Bureau has succumbed to the special-interest pleadings of the big media companies and ignored the thousands of letters from consumers," said Public Knowledge in a statement. "The order allowing the use of 'selectable output control' will allow the big firms for the first time to take control of a consumer's TV set or set-top box, blocking viewing of a TV program or motion picture."
"We are disappointed in the Bureau's Selectable Output Control decision effectively allowing any video copyright owner to unilaterally shut off video outputs on consumers' televisions," the Consumer Electronics Association said in a statement. While the organization said it was pleased about the waiver's limitations, "Nonetheless, we are unsure when the FCC has ever before given private entities the right to disable consumers' products in their homes. The fact that the motion picture studios want to create a new business model does not mean that functioning products should be disabled by them. The decision is not in the public interest, and harms the very consumers that the Commission is in place to protect."
Of course, the fear among pro-consumer groups is that the MPAA and Hollywood won't stop with VOD offerings—they've been trying to "plug the analog hole," as it's inelegantly been called, for years, effectively stopping any movie from being sent out via unprotected analog outputs.
And still waiting in the wings: the possible implementation of the Image Constraint Token (ICT) in Blu-ray players. This technology, if activated by the movie studios, would either downgrade the picture quality of, or completely shut off, signals being sent through the component-video connections on the player. At Blu-ray's launch, the studios agreed not to use the ICT until 2012 at the earliest. During my coverage of the Blu-ray launch, several studio executives told me privately that activating the ICT would be a publicly unpalatable option, but the FCC decision may embolden studios to implement it.
What do you think about movie studios being able to disable a functioning feature on a product you own? Just reply to this blog post and let us know how you feel.
—James K. Willcox












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