Ken F. is technically right, but....
Ken- you did such a nice job of explaining the technical aspects of the BF that I wouldn't be suprised if you were in the "industry"
. BUUUUUUUT, you were a bit disingenous in some areas.
First, it is important to tell everybody concerned about this issue that the BF is still in what the FCC calls a "proposal" stage - that is, the exact rule has not been finalized and they are still soliciting comments about how the BF will be implemented. That means that, despite the stated intentions to not require the BF in certain scenarios, that can, and indeed probably will, change after they are paid off....errrr, lobbied by the "content industry". So, in short, no one, including the FCC, even knows what the final implementation of the BF will be like.
Second, your statement that the FCC has expressly disclaimed ever implementing the "Copy Never" flag is true only for "standard" OTA (i.e. free TV) broadcasts. The FCC clearly states in the BF proposal that this option can indeed by implemented/imposed by MCVD's (satellite and cable oeprators). Since, almost 90% of U.S. households (I believe that the exact number is 87.5%) get their TV from a "pay source", that means that a whole boatload of people could/will be denied their fair use rights for content they have legally "purchased" (via their subscription fee).
Third, your explantion of the stated "prevention of internet distribution of content" is correct, as far as it goes. But, no where in the BF proposal does it state how a device can be "hooked" to the internet, or what constitutes an "internet capable" device. I can (and do) hook my 510 to my home PC via composite cables and my PC is connected to the internet. Does that mean my 510 is "hooked" to the internet? To the MPAA, it damn sure does. The problem with your pat statement that "standalone devices will not be affected by the BF" is that there is absolutely no evidence of that. Without laying out details and defintions, nobody can know how the final BF implementation will run. In fact, the FCC (Powell in particular)has already publicly acknowledged that cable and satellite operators will most likely "Copy Never" flag PPV content, which means that none of us will be able to record that PPV that we PAID for. Extending the MPAA's stated intention to prevent the transfer of content (both digitally and by analog means) then there is every reason to believe that this "copy protection" could indeed be extended to standalone devices (yes, even to the internal HD of a DVR) by the time that the BF actually goes into effeect in June 2005. As I'm sure that you know, the BF is simply a bit in the digital TV (OTA, sat or cable) bitstream - this bit will by checked for its setting in every hardware device that "touches" the bitstream (including the TV itself). It would be a trivial matter to check the BF bit BEFORE (probalby in the buffering stage) the DVR allows it to go the hard drive.
Fourth, since you sound familiar with the 5C/HDCP (wich predates the BF proposal) system, then you probalby realize that the FCC-mandated BF proposal is based very much along the lines of the 5C system (in fact, you could say that it was the 5C system/folks that "inspired" the FCC). And the 5C system is designed to
lock the bitstream down at every level that it touches. to esnure compliance. This is what the original CPWG (Copy Protection Working Group - Hollywood's special task force that originally designed the BF and bribed the FCC to implement) BF proposal mandated - a complete "strip search" of the bitstream at every level to scour out "noncomplying" devices. In short, the final impelementaion of the BF will probalby be closer to its "5C-like" original intention rather than the more "public friendly" version proposed by the FCC.
Finally, please do not take this post as a flame or a personal attack; actually, I commend you b/c you sound as if you have actually read the BF proposal, which many commentors on this issue have not. I just want to make sure that everybody who cares about this issue understands that the final implications of the BF proposal are not known at this time and that your rather rosy forecast of a world where "Big Content" loves the American people and generously decides to "allow" us our complete and unfettered fair use rights is at best, wildly optimistic and at worst, deliberately deceiving. Thanks for reading.
Brian