Brief notes on 1201 space-shifting exemption hearings

PROPOSED CLASS 3: Space-shifting
Keith Chatfield SolaByte: Electronic new media solution
developers: method for space-shifting based on licensed transactions, not
moving the files.  Support OmniQ’s proposal
on behalf of consumer—can convert content to more robust security, devices.
Future-proof content against platform obsolescence. Can watermark optical media
like DVD and Blu-Ray—can be used to disable disc in the field. These create the
capability to enable a controlled licensing transaction where you can trade in
a disc.  Allows consumer to move to new
media. Patent stage, now licensing it in the market.  It doesn’t involve TPM circumvention.  DVDs are sunsetting; 13 billion are in
circulation. We’d like to allow consumers to archive their content into a more
permanent library after we authenticate the disc.  OmniQ’s aim is similar with another type of
tech. 
John Mitchell OmniQ
Restore benefits of first sale, including the opportunity
for unlicensed resale. OmniQ’s process destroys the DVD while it transfers to a
hard drive w/one encryption key that the consumer has and we don’t.  There’s never more than one copy, as opposed
to previous technologies. 
They fought about the meaning of “copy” under the statute, Cablevision, etc.  Also about whether licensing was possible
given the size of the demands of guaranteed revenues up front/the variety of
content sources.

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