The Broadcast Flag: Compatible with Copyright Law & Incompatible with Digital Media Consumers
607 THE BROADCAST FLAG: COMPATIBLE WITH COPYRIGHT LAW & INCOMPATIBLE WITH DIGITAL MEDIA CONSUMERS ANDREW W. BAGLEY* & JUSTIN S. BROWN** I. INTRODUCTION Is it illegal to make a high-quality recording of your favorite TV show using your Sony digital video recorder with your Panasonic TV, which you then edit on your Dell computer for use on your Apple iPod? Of course it’s legal, but is it possible to use devices from multiple brands together to accomplish your digital media goal? Yes, well, at least for now. What if the scenario involved high-definition television (“HDTV”) devices? Would the answers be as clear? Not as long as digital-content protection schemes like the Broadcast Flag are implemented. Digital media and Internet connectivity have revolutionized consumer entertainment experiences by offering high-quality portable content.1 Yet these attractive formats also are fueling a copyright infringement onslaught through a proliferation of unauthorized Internet piracy via peer-to-peer (“P2P”) networks.2 As a result, lawmakers,3 administrative agencies,4 and courts5 are confronted * Candidate for J.D., University of Miami School of Law, 2009; M.A. Mass Communication, University of Florida, 2006; B.A. Political Science, University of Florida, 2005; B.S. Public Relations, University of Florida, 2005 ** Assistant Professor of Telecommunication, University of Florida; Ph.D. Mass Communica- tions, The Pennsylvania State University, 2001 1 Andrew Keen, Web 2.0: The Second Generation of the Internet has Arrived. It's Worse Than You Think, WEEKLY STANDARD, Feb. 13, 2006, http://www.weeklystandard.com/ Con- tent/Public/Articles/000/000/006/714fjczq.asp (last visited Jan.
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