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.
(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.
(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).
(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.
(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.
(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).
(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.
(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
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(Step 1) CGMS-A State Detected (Step 2) RCI State Detected (redistribution control bit to be detected with CGMS-A) (Step 3) VEIL Detected Rights Assertion Description Technical Content Protection Response
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1 Not Present Not Present No No copy or redistribution control is being asserted No Technical Protection Applied
2 Not Present Not Present Yes INCONSISTENT STATE*-- Rights are being asserted so the CGMS-A and RCI must have been stripped VIEW ONLY--Protect as Copy Prohibited Content
3 (0,0) Copy Control Not Asserted Not Present No No Copy or redistribution control is being asserted No Technical Protection Applied
4 (0,0) Copy Control Not Asserted Not Present Yes INCONSISTENT STATE*--Rights are being asserted so the CGMS-A was probably tampered and/or the RCI was probably stripped VIEW ONLY--Protect as Copy Prohibited Content
5 Not Present (0) Redistribution Control Not Asserted No It appears that no copy or redistribution control is being asserted No Technical Protection Applied
6 Not Present (0) Redistribution Control Not Asserted Yes INCONSISTENT STATE*--Rights are being asserted so the CGMS-A and/or RCI were probably stripped or tampered VIEW ONLY--Protect as Copy Prohibited Content
7 (0,0) Copy Control Not Asserted (0) Redistribution Control Not Asserted Yes INCONSISTENT STATE*--Rights are being asserted so the CGMS-A and/or RCI were probably tampered VIEW ONLY--Protect as Copy Prohibited Content
8 (0,0) Copy Control Not Asserted (1) Redistribution Control Asserted Detection Unnecessary No numeric copy control is being asserted but redistribution control is being asserted Protect as Copy Unlimited No Redistribution Content
9 Not Present (1) Redistribution Control Asserted Detection Unnecessary It appears that no numeric copy control is being asserted but redistribution control is being asserted Protect as Copy Unlimited No Redistribution Content
10 (1,0) Copy One Generation Detection Unnecessary Detection Unnecessary Numeric copy control is being asserted and redistribution control is implied by CGMS-A state Protect as Copy One Generation Content
11 (0,1) Copy No More Detection Unnecessary Detection Unnecessary Numeric copy control is being asserted and redistribution control is implied by CGMS-A state VIEW ONLY--Protect as Copy Prohibited Content
12 (1,1) Copy Never Detection Unnecessary Detection Unnecessary Numeric copy control is being asserted and redistribution control is implied by CGMS-A state VIEW ONLY--Protect as Copy Prohibited Content
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(b) Other Definitions- The definitions in section 108 apply to this title.
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