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CONSUMER RIGHTS
ENCODING RULES
The HRRC has always insisted that whenever law or regulation contemplates or recognizes any mandate requiring devices to respond to technical "encoding" on programs for copyright or related purposes, there should be "Encoding Rules" that govern and limit the triggering of such technology by the content provider or distributor, so as to preserve the reasonable and customary practices and expectations of consumers. Encoding Rules are in effect or under consideration in these venues:
- As a result of HRRC lobbying, such rules were recognized in Section 1201(k) of the DMCA, which governs response to "Macrovision" technology by certain analog VCRs. The Encoding Rules provide a guarantee to consumers that they will retain the right to make home copies of broadcast, basic cable, and premium channel programming.
- The FCC, at the urging of HRRC and others, has adopted "Encoding Rules" for content sent to homes by cable and satellite TV providers. While these rules generally protect the reasonable and customary expectations of consumers, they are subject to possible change via new practices and petitions filed with the FCC. HRRC will issue action alerts whenever changes are noticed or requested of the FCC by petition.
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