Ad-skipping PVRs "not authorised" to use Australia's so-called open EPG

Adam Turner
Monday, 19 November 2007 08:34

Opinion and Analysis

Australia's television broadcasters have confirmed PVRs allowing ad-skipping are "not authorised" to use the new free-to-air electronic program guide, but refuse to detail how this will be enforced.
Free TV Australia, which represents Australia's free-to-air broadcasters, has confirmed the details of a confidential letter sent to hardware manufacturers last week, obtained by ITWire .

In the letter, Free TV Australia chief executive Julie Flynn says personal video recorders allowing views to skip advertisements are not authorised to use the new electronic program guide. An EPG allows a personal video recorder to check what's on the televison and automatically record viewers' favourite shows. The networks have fought tooth and nail against EPGs for several years, with the Nine Network unsuccessfuly suing IceTV for copyright infringement earlier this year.

Flynn's letter to hardware makers contradicts her public statements, made the very same day, that the new EPG would be "receivable free of charge by any digital set top box, integrated television or personal video recorder (PVR) that has an EPG functionality".

In the confidential letter to the Australian Digital Suppliers Industry Forum (ADSIF), Flynn wrote;

"Broadcasters are not authorising the use of the programs listing data in PVRs where 'ad-skip' functionality goes beyond a maximum fast forward speed of x60; broadcasters reserve their rights with respect to those suppliers."

"In addition, the PVR's [sic] which display the EPG must employ adequate copy protection measures to prevent the redistribution of free to air content outside the home or on the internet... Broadcasters reserve their rights subject to the Commonwealth Copyright Act 1968, to take legal action at any time for copyright infringement where program listings are used in contravention of these terms."

The letter indicates that Free TV Australia is prepared to let viewers fast forward advertisements, as they would with a VCR, but not "skip" advertisements by jumping forward 30 seconds. Even so, at 60x viewers can fast forward through two adveristements in one second - which is about how long it takes to "skip" advertisements.

Free TV Australia spokesperson has confirmed the new EPG will not be encrypted, and thus available to all PVRs, but refused to explain how the restrictions on ad-skipping devices would be enforced.

"There is nothing contradictory in a letter sent the same day by Free TV to EPG manufacturers, which simply asserts copyright in the EPG data. Broadcasters will be meeting with manufacturers to discuss the terms on which they authorise the use of the data."

When pushed for further clarification, the spokesperson added;

"It is clear that copyright subsists in the program guides of the television networks. There are plenty of examples of copyright owners making their material available on the condition that users comply with certain terms."

"It is a matter for the user to ensure they comply with the conditions of use and a matter for the copyright owner how they enforce those rights. FreeTV has had a number of conversations with manufacturers about our requirements for use of the EPG and will continue to do so."

Australia's hardware manufacturers have also been left in the dark on how the restrictions will be enforced, says Tim O'Keefe - co-ordinator of the Australian Digital Suppliers Industry Forum.

"We're still trying to get clarification from the broadcasters on it as well," says O'Keefe.

"We're still trying to establish what they significance of those words are regarding the use with ad-skipping devices - they're not prohibiting it, but they're not authorising it."