[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4569 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4569
To require certain analog conversion devices to preserve digital
content security measures.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 16, 2005
Mr. Sensenbrenner (for himself and Mr. Conyers) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require certain analog conversion devices to preserve digital
content security measures.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Transition Content Security
Act of 2005''.
TITLE I--REQUIREMENTS FOR ANALOG CONVERSION DEVICES
SEC. 101. PROHIBITIONS.
No person shall--
(1) manufacture, import, offer to the public, provide or
otherwise traffic in any--
(A) analog video input device that converts into
digital form an analog video signal that is received in
a covered format, or an analog video signal in a
covered format that is read from a prerecorded medium,
unless any portions of that device that are designed to
access, record, or pass the content of the analog video
signal within that device--
(i) detect and respond to the rights
signaling system with respect to a particular
work by conforming the copying and
redistributing of that work to the information
contained in the rights signaling system for
that work in accordance with the compliance
rules set forth in section 201 and the
robustness rules referred to in section 202;
and
(ii) pass through or properly reinsert and
update the CGMS-A portion of the rights
signaling system or coding and data pertaining
to CGMS-A, and pass through the VEIL portion of
the rights signaling system, in accordance with
such compliance rules and robustness rules; or
(B) analog video input device that does not convert
into digital form an analog video signal that is
received by that device in a covered format, or an
analog video signal in a covered format that is read
from a prerecorded medium, unless that device--
(i) preserves, passes through, or properly
reinserts the CGMS-A portion of the rights
signaling system or coding and data pertaining
to CGMS-A, and passes through the VEIL portion
of the rights signaling system, in accordance
with the compliance rules set forth in section
201 and the robustness rules referred to in
section 202;
(ii) outputs the analog video signal in a
covered format; or
(2) manufacture, import, offer to the public, provide, or
otherwise traffic in any technology, product, service, device,
component, or part thereof, that--
(A) is primarily designed or produced for the
purpose of modifying or causing an analog video input
device to no longer conform to the requirements set
forth in paragraph (1);
(B) has only limited commercially significant
purpose or use other than to modify or cause an analog
video input device to no longer conform to the
requirements set forth in paragraph (1); or
(C) is marketed by that person or another acting in
concert with that person with that person's knowledge
for use in modifying or causing an analog video input
device to no longer conform to the requirements set
forth in paragraph (1).
SEC. 102. EXCEPTIONS.
Section 101 shall not apply to a particular product or device
that--
(1) was legally manufactured and sold as new before the
effective date of this title and is subsequently offered for
sale or otherwise trafficked in, if such product or device has
not been modified, after such effective date, so that the
product, if in compliance with section 101 before the
modification, is configured so that the product or device is no
longer in compliance with that section; or
(2) is a device capable solely of displaying programs and
cannot be upgraded or readily modified so as to incorporate
transmission, redistribution, or recording capabilities.
SEC. 103. ENCODING RULES.
No person shall encode a program, or cause a program to be encoded,
using the rights signaling system, unless such encoding meets the
following requirements:
(1) The rights signaling system may be encoded so as to
prevent or limit copying, redistribution, or both, of
prerecorded media, video-on-demand, pay-per-view, subscription-
on-demand, and undefined business models that are comparable to
any such defined business model.
(2) The rights signaling system--
(A) may not be encoded so as to prevent first
generation of copies permitted under title II of pay
television transmissions, non-premium subscription
television, free conditional access delivery, and
undefined business models that are comparable to any
such defined business model; but
(B) may be encoded so as to prevent or limit
further copying or redistribution, or both, of any
defined business model or comparable undefined business
model referred to in subparagraph (A).
(3) The rights signaling system--
(A) may not be encoded so as to numerically limit
copying as permitted under title II of a non-
conditional access broadcast transmission and undefined
business models that are comparable to a non-
conditional access broadcast transmission; but
(B) may be encoded so as to prevent redistribution
of any such non-conditional access broadcast
transmission and comparable undefined business models.
(4)(A) During the 12-month period beginning on the
effective date set forth in section 109, the VEIL portion of
the rights signaling system may only be encoded in program
formats described in paragraph (1).
(B) After the end of that 12-month period, the VEIL portion
of the rights signaling system may be encoded in any program
format, except that, in any case in which a person encodes a
program or causes a program to be encoded with the VEIL portion
of the rights signaling system, that person shall also encode
the program or cause the program to be encoded with the CGMS-A
portion of the rights signaling system.
SEC. 104. TRANSMISSION OF RIGHTS SIGNALING SYSTEM.
Any person making a transmission of a live event or an audiovisual
work protected by copyright shall, upon the request of an owner or
authorized licensee of the live event or copyrighted work, include in
its transmission the rights signaling system for the transmission and
shall not, without the authorization of such owner or licensee,
deactivate or alter the rights signaling system. The rights signaling
system shall be applied in accordance with the request, but in no case
with encoding restrictions in addition to those required by section
103.
SEC. 105. IMPROVEMENTS TO VEIL.
(a) Adoption of Improvements to Veil.--If, upon the petition of any
interested party, the Director of the Patent and Trademark Office
determines that the VEIL portion of the rights signaling system has
become materially ineffective in a way that cannot be adequately
remedied by existing technical flexibility in the embedding function of
the VEIL portion of the rights signaling system, then the Director may
by rule adopt commercially reasonable improvements to the detection
function of the VEIL portion of the rights signaling system in order to
maintain the functionality of the rights signaling system under this
Act. Any such improvements shall be limited to adjustments or upgrades
solely to the same underlying VEIL technology of the existing rights
signaling system. The Director shall conduct the rulemaking proceeding
under this subsection on an expedited basis.
(b) Participants.--In a rulemaking conducted under subsection (a),
the Director of the Patent and Trademark Office shall encourage
representatives of the film industry, the broadcast, cable, and
satellite industry, the information technology industry, and the
consumer electronics industry to negotiate in good faith in an effort
to reach agreement on the commercially reasonable improvements to the
detection function of the VEIL portion of the rights signaling system
to be adopted in the rule. The Director shall ensure that such
negotiation process is open and public and that all potentially
affected parties are invited to participate in the process through
public notice. The Director shall cause any agreement for which there
is substantial consensus of the parties on all material points to be
published and shall take such agreement into account in any final rule
adopted.
(c) Factors.--
(1) In general.--In determining whether or not to adopt
commercially reasonable improvements to the detection function
of the VEIL portion of the rights signaling system, including
an agreement of the parties as described in subsection (b), the
Director of the Patent and Trademark Office shall consider the
impact on content owners, content distributors, consumers,
manufacturers, and competition generally in all affected
markets resulting from the failure to adopt such improvements,
as well as from the adoption of such improvements. As part of
the determination, the Director shall examine--
(A) the licensing terms under which improvements
would be licensed, ensuring that the licensing terms
will impose no materially greater burdens than those
terms already established for the VEIL portion of the
rights signaling system;
(B) the intellectual property rights implicated by
the improvements; and
(C) the effect of the improvements on
interoperability of consumer audiovisual products
(including consumer electronic and information
technology products capable of receiving, displaying,
or recording programs).
(2) Disclosure of intellectual property rights.--The
Director of the Patent and Trademark Office shall require those
parties participating or filing comments in the process of
making a determination under this section to disclose any
material intellectual property rights in improvements under
consideration.
(3) Timetable for implementation.--The Director of the
Patent and Trademark Office shall determine the appropriate
timetable for implementation of any improvements adopted under
this section, giving due consideration to the generally
accepted manufacturing cycle of 18 months in a case involving
improvements that require material changes to the design or
implementation of detectors.
(4) Petitions for reconsideration.--After issuing a final
rule under this section, the Director of the Patent and
Trademark Office shall permit and consider petitions for
reconsideration of the rule that are filed.
SEC. 106. CIVIL REMEDIES.
(a) Civil Actions.--Any person injured by a violation of section
101 may bring a civil action in an appropriate United States district
court on account of such violation.
(b) Powers of the Court.--In an action brought under subsection
(a), the court--
(1) may grant temporary and permanent injunctions on such
terms as it deems reasonable to prevent or restrain the
violation of section 101;
(2) at any time while an action is pending, may order the
impounding, on such terms as it deems reasonable, of any device
or product that is in the custody or control of the alleged
violator and that the court has reasonable cause to believe was
involved in the violation;
(3) may award damages under subsection (c);
(4) in its discretion may allow the recovery of costs by or
against any party other than the United States or an officer
thereof;
(5) in its discretion may award reasonable attorney's fees
to the prevailing party; and
(6) may, as part of a final judgment or decree finding a
violation, order the remedial modification or the destruction
of any device or product involved in the violation that is in
the custody or control of the violator or has been impounded
under paragraph (2).
(c) Award of Damages.--
(1) In general.--Except as otherwise provided in this
title, a person committing a violation of section 101 is liable
for either--
(A) the actual damages and any additional profits
of the violator, as provided in paragraph (2); or
(B) statutory damages, as provided in paragraph
(3).
(2) Actual damages.--The court shall award to the
complaining party the actual damages suffered by the party as a
result of the violation, and any profits of the violator that
are attributable to the violation and are not taken into
account in computing the actual damages, if the complaining
party elects such damages at any time before final judgment is
entered.
(3) Statutory damages.--At any time before final judgment
is entered, a complaining party may elect to recover an award
of statutory damages for each violation of section 101 in the
sum of not less than $200 or more than $2,500 per device,
product, component, offer, or performance of service, as the
court considers just.
(4) Repeated violations.--In any case in which the injured
party sustains the burden of proving, and the court finds, that
a person has violated section 101 within three years after a
final judgment was entered against the person for another such
violation, the court may increase the award of damages up to
triple the amount that would otherwise be awarded, as the court
considers just.
(5) Innocent violations.--
(A) In general.--The court in its discretion may
reduce or remit the total award of damages in any case
in which the violator sustains the burden of proving,
and the court finds, that the violator was not aware
and had no reason to believe that its acts constituted
a violation.
(B) Nonprofit library, archives, educational
institutions, or public broadcasting entities.--
(i) In general.--In the case of a nonprofit
library, archives, educational institution, or
public broadcasting entity, the court shall
remit damages in any case in which the library,
archives, educational institution, or public
broadcasting entity sustains the burden of
proving, and the court finds, that the library,
archives, educational institution, or public
broadcasting entity was not aware and had no
reason to believe that its acts constituted a
violation.
(ii) Definition.--In this subparagraph, the
term ``public broadcasting entity'' has the
meaning given that term in section 118(g) of
title 17, United States Code.
SEC. 107. CRIMINAL OFFENSES AND PENALTIES.
(a) In General.--Any person who violates section 101 willfully and
for purposes of commercial advantage or private financial gain--
(1) shall be fined not more than $500,000 or imprisoned for
not more than 5 years, or both, for the first offense; and
(2) shall be fined not more than $1,000,000 or imprisoned
for not more than 10 years, or both, for any subsequent
offense.
(b) Limitation for Nonprofit Library, Archives, Educational
Institution, or Public Broadcasting Entity.--Subsection (a) shall not
apply to a nonprofit library, archives, educational institution, or
public broadcasting entity (as defined in section 118(g) of title 17,
United States Code).
(c) Statute of Limitations.--A criminal proceeding under this
section shall be barred unless such proceeding is commenced within 5
years after the cause of action arises.
SEC. 108. DEFINITIONS.
In this title:
(1) Analog video input device.--The term ``analog video
input device'' means a hardware device, other than a
professional device, and any associated firmware or software,
that is designed--
(A) to receive an analog video signal in a covered
format or to read an analog signal in a covered format
from a prerecorded medium; and
(B) to record or digitize such signal, or to alter
such signal in a way that affects the state or passage
of the rights signaling system if present in such
signal.
(2) Commercial advertising messages.--The term ``commercial
advertising messages'' means, with respect to any service,
program, or schedule or group of programs, commercial
advertising messages other than--
(A) advertising relating to the service itself or
the programming contained therein; or
(B) advertising which is displayed concurrently
with the display of any part of any such program,
including station identification logos, frames, and
banners.
(3) Comparable.--The term ``comparable'' means, when used
in connection with a defined business model and an undefined
business model, that the undefined business model approximates
the defined business model more closely than it approximates
any other defined business model.
(4) Compliance rules.--The term ``compliance rules'' means
the rules provided for in section 201.
(5) Conditional access delivery.--The term ``conditional
access delivery''--
(A) means any delivery, whether analog or digital,
of a service, program, or schedule or group of programs
by means of any technology that controls access to the
delivery; and
(B) does not include a transmission or
retransmission of an over-the-air television broadcast.
(6) Covered format.--The term ``covered format'' means any
analog video format for which the rights signaling system is
specified, if such specification is certified by the Director
of the Patent and Trademark Office under section 202.
(7) Defined business model.--The term ``defined business
model'' means prerecorded media, video-on-demand, pay-per view,
pay television transmission, subscription-on-demand, non-
premium subscription television, free conditional access
delivery, or non-conditional access broadcast transmission.
(8) Free conditional access delivery.--The term ``free
conditional access delivery'' means a conditional access
delivery for which viewers are not charged any fee, other than
government-mandated fees, for the reception or viewing of the
programming contained in the delivery.
(9) Non-conditional access broadcast transmission.--The
term ``non-conditional access broadcast transmission'' means a
broadcast transmission, including an over-the-air transmission
for reception by the general public using radio frequencies
allocated for that purpose, whether analog or digital, that is
not subject to a technology that controls access to the
transmission.
(10) Non-premium subscription television.--The term ``non-
premium subscription television'' means an analog or digital
delivery of a service, or schedule or group of programs,
including those which may be offered for sale together with
other services, for which subscribers are charged a
subscription fee for the reception or viewing of the
programming contained in the delivery, other than pay
television and subscription-on-demand.
(11) Pay-per-view.--(A) The term ``pay-per-view''--
(i) means an analog or digital delivery of an
individual program or specified group of programs in a
case in which--
(I) such individual program, or each
individual program of the group of programs, is
generally uninterrupted by commercial
advertising messages; and
(II) recipients are charged a separate fee
for each such program or specified group of
programs; and
(ii) includes delivery of a single program
described in clause (i) for which multiple start times
are made available at time intervals which are less
than the running time of the program as a whole.
(B) If a delivery qualifies both as pay-per-view and a pay
television transmission, then the delivery shall be deemed, for
purposes of this title, to be pay-per-view rather than a pay
television transmission.
(12) Pay television transmission.--(A) The term ``pay
television transmission'' means an analog or digital
transmission of a service or schedule of programs, in a case in
which--
(i) each individual program of the service or
schedule of programs is generally uninterrupted by
commercial advertising messages; and
(ii) subscribing viewers are charged a periodic
subscription fee for the service or schedule of
programs, such as on a monthly basis, for the reception
of the programming delivered by the service, whether
separately or together with other services or
programming, during the viewing period covered by the
fee.
(B) If a delivery qualifies both as a pay television
transmission and pay per view, video-on-demand, or
subscription-on-demand, then the delivery shall be deemed, for
purposes of this title, to be pay-per-view, video-on-demand or
subscription-on-demand rather than a pay television
transmission.
(13) Prerecorded medium.--The term ``prerecorded medium''
means the delivery of one or more programs, in prerecorded
form, whether in analog or digital format, on a packaged
medium, such as a VHS tape or DVD disc, or on another optical
medium or storage device.
(14) Professional device.--(A) The term ``professional
device'' means a device that is designed, manufactured,
marketed, and intended for use by a person who regularly
employs such a device for lawful business or industrial
purposes, such as making, performing, displaying, distributing,
or transmitting copies of audiovisual works on a commercial
scale at the request of, or with the explicit permission of,
the copyright owner.
(B) If a device is marketed to or is commonly purchased by
persons other than those described in subparagraph (A), then
such device shall not be considered to be a ``professional
device''.
(15) Program.--The term ``program'' means an audiovisual
work, in analog or digital format, as defined in section 101 of
title 17, United States Code, that is offered for transmission,
delivery, or distribution, either generally or on demand, to
subscribers, purchasers, or the public at large, or otherwise
for commercial purposes.
(16) Redistribution.--The term ``redistribution''--
(A) means the movement of video content beyond the
home or similar local environment; and
(B) does not include the secure movement of video
content within any of the rooms or areas within a
consumer's primary residence, or within and among
locations such as a consumer's car, boat, recreational
vehicle, or secondary residence.
(17) Rights signaling system.--
(A) Rights signaling system.--The term ``rights
signaling system'' means CGMS-A, (``CGMS-A'')
supplemented by VEIL.
(B) CGMS-A.--The term ``CGMS-A'' means Content
Generation Management System-Analog.
(C) VEIL.--The term ``VEIL'' means Video Encoded
Invisible Light technology.
(18) Robustness rules.--The term ``robustness rules'' means
the minimum robustness requirements established under section
202.
(19) Subscription-on-demand.--(A) The term ``subscription-
on-demand'' means the delivery of an individual program or a
specified group of programs, in a case in which--
(i) a subscriber is able, at his or her discretion,
to select the time for beginning the exhibition of the
program or group of programs;
(ii) such individual program, or each individual
program of the group of programs, is generally
uninterrupted by commercial advertising messages; and
(iii) subscribing viewers are charged a periodic
subscription fee for the reception of such programming
during the viewing period covered by the fee.
(B) If a delivery of a program qualifies both as a pay
television transmission and subscription-on-demand, then the
delivery shall be deemed, for purposes of this title, to be
subscription-on-demand rather than a pay television
transmission.
(20) Undefined business model.--The term ``undefined
business model'' means the transmission, delivery, or
distribution of a program or programs that is not a defined
business model.
(21) Video-on-demand.--(A) term ``video-on-demand'' means a
delivery of an individual program or a specified group of
programs in a case in which--
(i) such individual program, or each individual
program of the group of program, is generally
uninterrupted by commercial advertising messages;
(ii) recipients are charged a separate fee for such
individual program or specified group of programs; and
(iii) a recipient is able, at his or her
discretion, to select the time for beginning the of
exhibition of such individual program or specified
group of programs.
(B) If a delivery qualifies as both video-on-demand and a
pay television transmission, then the delivery shall be deemed,
for purposes of this title, to be video-on-demand.
SEC. 109. EFFECTIVE DATE.
This Act shall take effect 12 months after the date of the
enactment of this Act.
TITLE II--COMPLIANCE STANDARDS
SEC. 201. COMPLIANCE RULES.
(a) Detecting.--Any analog video input device subject to section
101(1) that receives an analog video signal through transmission from a
source external to that device or by reading a recording of such signal
from a prerecorded medium--
(1) shall detect or cause to be detected the presence of
the rights signaling system in the analog video signal; and
(2) if the rights signaling system is present in the analog
video signal--
(A) shall determine, or cause to be determined,
based on information conveyed by the rights signaling
system, whether the content contained in such analog
video signal is copy unlimited no redistribution
content, copy one generation content, or copy
prohibited content, in accordance with Table W; and
(B) shall abide by the relevant recording, output,
and passing rules set forth in subsections (b), (c),
and (d).
(b) Recording.--
(1) Copy prohibited content.--An analog video input device
shall not record or cause the recording of copy prohibited
content in digital form, including retention and deletion on a
frame-by-frame, minute-by-minute, or megabyte-by-megabyte
basis, unless--
(A) the copy prohibited content is retained for a
period of not more than 90 minutes from initial receipt
of each unit of such content using a bound recording
method; and
(B) such content is destroyed or otherwise rendered
unusable no later than the end of that 90-minute
period.
(2) Copy one generation and copy unlimited no
redistribution content.--An analog video input device shall not
record or cause the recording of copy one generation content or
copy unlimited no redistribution content in digital form, other
than--
(A) using an authorized recording method in
accordance with any requirements established under
section 202(1); or
(B) using a bound recording method, in which case
Copy One Generation Content so recorded becomes Copy
Prohibited Content with respect to that device.
(3) Transitory image.--The requirements under paragraphs
(1) and (2) do not prohibit temporary storage of data for the
sole purpose of enabling a function not prohibited by those
requirements, if such stored data--
(A) is not maintained in the manner described in
section 512(a)(4) of title 17, United States Code,
after that function has been performed; and
(B) is not stored in a way that permits copying or
redistribution of such data for other purposes.
(c) Outputs.--
(1) Analog outputs.--An analog video input device shall not
pass, or direct to be passed, copy prohibited content, copy one
generation content, or copy unlimited no redistribution content
to an analog output except--
(A) as an analog video signal that is passed with--
(i) in the case of copy prohibited content,
the rights signaling system encoding indicating
``no copying is permitted'';
(ii) in the case of copy one generation
content, the rights signaling system encoding
indicating ``one generation of copies may be
made''; or
(iii) in the case of copy unlimited no
redistribution content, the rights signaling
system encoding indicating ``copy control
restrictions not asserted but redistribution of
the work is intended to be limited''; or
(B) if such device is incorporated into a computer
product, to a VGA output or to a similar output that
was widely commercially available as of May 1, 2001,
and that carries uncompressed video signals with a
resolution less than or equal to a constrained image to
a computer monitor.
(2) Digital outputs.--An analog video input device shall
not pass, or direct to be passed, copy prohibited content, copy
one generation content, or copy unlimited no redistribution
content to a digital output except--
(A) to an output protected by an authorized digital
output method in accordance with any requirements
established under section 202(1); or
(B) for the purpose of making a recording (in
accordance with paragraph (1) or (2) of subsection (c),
if such such content is protected, including during
transmission, by the corresponding authorized recording
method.
(d) Passing Via Other Than an Output (Add-in Devices).--An analog
video input device that passes copy prohibited content, copy one
generation content, or copy unlimited no redistribution content from
that analog video input device to another product, other than through
an output in accordance with subsection (d), shall so pass such content
protected in accordance with the minimum robustness requirements
established under section 202.
SEC. 202. IMPLEMENTING REGULATIONS.
Not later than 120 days after the date of the enactment of this
Act, the Director of the Patent and Trademark Office, in consultation
with the Register of Copyrights, shall adopt regulations to establish--
(1) minimum robustness requirements to ensure the content
security preservation requirements set forth in section 201 are
implemented in a reasonable manner so that such requirements
cannot be defeated or circumvented by the use of generally
available tools or equipment, and can only with difficulty be
defeated or circumvented by use of professional tools or
equipment;
(2) a list of certified analog video signals that typically
carry copyrighted video content and are a covered format under
this Act;
(3) a list of certified digital content rights protection
output and home networking connection technologies that
effectively implement the analog hole rights signaling system
detection and content protection responses set forth in Table
W;
(4) a list of certified digital content rights protection
recording technologies that effectively implement the analog
hole rights signaling system detection and content protection
responses set forth in Table W;
(5) criteria and procedural rules to govern additions to
and removal from the lists established under paragraphs (2),
(3), and (4); and
(6) arbitration rules necessary for purposes of resolving
disputes arising under paragraph (3) and disputes concerning
comparable undefined business models under section 103.
SEC. 203. DEFINITIONS.
(a) In General.--In this title:
(1) Analog video signal.--The term ``analog video signal''
means a signal conforming to one of the certified analog signal
formats on the list established under section 202(2).
(2) Authorized digital output method.--The term
``authorized digital output method'' means an output method on
the list certified by the Director of the Patent and Trademark
Office under section 202(3), as such list may be amended from
time to time in accordance with the procedures established
under section 202(5).
(3) Authorized recording method.--The term ``authorized
recording method'' means a recording method on the list
certified by the Director of the Patent and Trademark Office
under section 202(4), as such list may be amended from time to
time in accordance with the procedures established under
section 202(5).
(4) Bound recoding method.--The term ``bound recording
method'' means a method for recording content that effectively
and uniquely associates such recording with a single analog
video input device (using a cryptographic protocol or other
effective means) so that such recording cannot be accessed in
usable form by another product (except where the content of
such recording is passed to another product by an authorized
digital output method).
(5) Computer product.--The term ``computer product'' means
a device that is designed for or permits the end user to
install a wide variety of commercially available software
applications thereon, such as a personal computer, handheld
``personal digital assistant'', and similar products, and
further includes a subsystem of such a product, such as a
graphics card.
(6) Constrained image.--The term ``constrained image''
means an image that--
(A) has the visual equivalent of no more than--
(i) 350,000 pixels per frame (e.g. an image
with resolution of 720 x 480 pixels for a 4:3
(non-square pixel) aspect ratio); and
(ii) 30 frames per second;
(B) may be attained by reducing resolution, such as
by discarding, dithering, or averaging pixels to obtain
the specified value; and
(C) can be displayed using video processing
techniques such as line doubling or sharpening to
improve the perceived quality of the image.
(7) Copy unlimited no redistribution content.--The term
``copy unlimited no redistribution content'' means, with
respect to an analog video input device--
(A) the content of an analog video signal received
by that device through transmission from a source
external to that device, or by reading of the signal
from a prerecorded medium, with a rights signaling
system encoding indicating ``copy control restrictions
not asserted but redistribution of the work is intended
to be limited'', as defined in Table W; or
(B) the result of combining content with any
content other than copy one generation content or copy
prohibited content.
(8) Copy one generation content.--The term ``copy one
generation content'' means, with respect to an analog video
input device--
(A) the content of an analog video signal received
by that device through transmission from a source
external to that device, or by reading of that signal
from a prerecorded medium, with a rights signaling
system encoding indicating ``one generation of copies
may be made'', as defined in Table W; or
(B) the result of combining content described in
subparagraph (A) with any content other than copy
prohibited content.
(9) Copy prohibited content.--The term ``copy prohibited
content'' means, with respect to an analog video input device--
(A) the content of an analog video signal received
by such device through transmission from a source
external to that device, or by reading of such signal
from a prerecorded medium with a rights signaling
system encoding indicating ``no copying is permitted'',
as defined in Table W;
(B) content received by that device as copy one
generation content that has been recorded using a bound
recording method in accordance with section
201(b)(2)(B); or
(C) the result of combining content described in
subparagraph (A) or (B) with any other content.
(10) Table w.--The term ``Table W'' means the following
table:
TABLE W--Analog Hole Rights Signaling System Detection & Content Protection Response
----------------------------------------------------------------------------------------------------------------
(Step 2) RCI State
Detected
(Step 1) CGMS-A (redistribution (Step 3) VEIL Rights Assertion Technical Content
State Detected control bit to be Detected Description Protection
detected with CGMS- Response
A)
----------------------------------------------------------------------------------------------------------------
1......... Not Present Not Present No No copy or No Technical
redistribution Protection
control is being Applied
asserted
2......... Not Present Not Present Yes INCONSISTENT VIEW ONLY--Protect
STATE*-- Rights as Copy
are being Prohibited
asserted so the Content
CGMS-A and RCI
must have been
stripped.
3......... (0,0) Copy Control Not Present No No Copy or No Technical
Not Asserted redistribution Protection
control is being Applied
asserted
4......... (0,0) Copy Control Not Present Yes INCONSISTENT VIEW ONLY--Protect
Not Asserted STATE*--Rights as Copy
are being Prohibited
asserted so the Content
CGMS-A was
probably tampered
and/or the RCI
was probably
stripped.
5......... Not Present (0) Redistribution No It appears that no No Technical
Control Not copy or Protection
Asserted redistribution Applied
control is being
asserted
6......... Not Present (0) Redistribution Yes INCONSISTENT VIEW ONLY--Protect
Control Not STATE*--Rights as Copy
Asserted are being Prohibited
asserted so the Content
CGMS-A and/or RCI
were probably
stripped or
tampered.
7......... (0,0) Copy Control (0) Redistribution Yes INCONSISTENT VIEW ONLY--Protect
Not Asserted Control Not STATE*--Rights as Copy
Asserted are being Prohibited
asserted so the Content
CGMS-A and/or RCI
were probably
tampered.
8......... (0,0) Copy Control (1) Redistribution Detection No numeric copy Protect as Copy
Not Asserted Control Asserted Unnecessary control is being Unlimited No
asserted but Redistribution
redistribution Content
control is being
asserted
9......... Not Present (1) Redistribution Detection It appears that no Protect as Copy
Control Asserted Unnecessary numeric copy Unlimited No
control is being Redistribution
asserted but Content
redistribution
control is being
asserted
10........ (1,0) Copy One Detection Detection Numeric copy Protect as Copy
Generation Unnecessary Unnecessary control is being One Generation
asserted and Content
redistribution
control is
implied by CGMS-A
state
11........ (0,1) Copy No More Detection Detection Numeric copy VIEW ONLY--Protect
Unnecessary Unnecessary control is being as Copy
asserted and Prohibited
redistribution Content
control is
implied by CGMS-A
state
12........ (1,1) Copy Never Detection Detection Numeric copy VIEW ONLY--Protect
Unnecessary Unnecessary control is being as Copy
asserted and Prohibited
redistribution Content
control is
implied by CGMS-A
state
----------------------------------------------------------------------------------------------------------------
(b) Other Definitions.--The definitions in section 108 apply to
this title.
<all>