This blog is divided into three different parts that deal with distinct, yet related topics.  Firstly, there is the issue of “preserving the quality of movies for fans like these and so many others, we must stop these Internet thieves from illegally trading valuable copyrighted materials online” (movies television shows aren’t mentioned, but the same is true).  Strong ticket and DVD sales are likely with huge blockbuster films even with films that are illegal downloaded and distributed prior to actual theatrical release.  Movies such as “Star Wars,” with huge fans, do not have to worry about the potential consequences.  Films that don’t have a set fan bases are more likely to be affected by the illegal downloading process.

            Secondly, the issue of the Boucher Bill is discussed.  The U.S. Congress was sent a letter this past May arguing the passing of the Boucher-Doolittle Bill, saying “(1) that the legislation would “legalize hacking tools” and that (2) the bill misinterprets the 1984 U.S. Supreme Court Betamax decision.”  However, that information was incorrect and opponents of the bill were quoting a previous year’s version.  In actuality, this year’s version of the bill says that (1) “it would not legalize the manufacture, sale or other public provision of circumvention (or so-called “hacking”) tools” and (2) by directly quoting the Supreme Court’s Betamax decision, “it shall not be a violation of the Copyright Act to manufacture or distribute a hardware or software product capable of substantial non-infringing uses.”

            Lastly,  there is discussion of the FCC’s case arguing for the implementation of broadcast flags into digital television (DTV).  “The core issue is consideration of the conditions under which broadcasters will turn off their current, over-the-air analog signal and replace it with a digital one.”  Without the new, proper equipment, consumers’ televisions will no longer be in working order.  The FCC wants to put broadcast flags in each individuals television to detected “what can be copied or transmitted, and under what terms.”  The FCC court case was dismissed after the courts decided that the FCC did not have the power necessary to do what the intended.  The FCC is now looking to implement legislation to give them the power they need.  All in all, the broadcast flags will cost consumers a lot of money and the idea does not seem to be well received. 

In a recent case, television studios realized that a certain individual had gotten a copy of a number of episodes of the popular Fox television show 24. These episodes had yet to be aired, but were soon uploaded to the Internet. The individual was charged with “uploading copyrighted material…knowing the work was intended for commercial distribution.” The episodes were first uploaded to the website LiveDigital, but quickly reached YouTube, therefore both “were served subpoenas under the DMCA demanding they disclose the identities of the users who uploaded the episodes.” In this landmark case, the individual could receive a rather severe punishment. Not only were the uploaded episodes considered valuable because of the popularity of 24 and the fact they hadn’t been aired yet, but copyright officials are trying to use this case as an example for future pirates. Normally, Internet copyright infringement cases are taken up against “user share sites.” The fact that an individual did the same gives copyright officials more incentive to protect “‘the rights of the content owners who invest millions of dollars in a television series must be protected.’”

Twentieth Century Fox, who produces 24 and is a major studio in the television industry “hopes it [this case] will serve as a powerful warning that uploading copyrighted TV shows and movies to the Internet can be a crime with significant penalties and will be prosecuted as such. ”It seems fair to say that this particular studio is not alone in their beliefs. It also seems that the individual prosecuted in the 24 case is being so harshly is so that others will be deterred from attempting the same. Television copyright officials “have no choice but to take it seriously, because if they don’t catch it early, they won’t be able to stop it at all ’” Without enforcing harsh punishments, illegal downloading and uploading of copyrighted material will continue to the point that there will be no laws to prevent it or punish for it. Officials are implementing harsh penalties, but more importantly they are putting into effect laws that are current with the technology.