We're big fans of TiVo here at newsfromme.com but we're also uneasy about something. Recently, the TiVo folks rolled out version 7.2 of their software and my various TiVos received it in the last week or two. It has two new features — one a minor plus, one a major minus. The sorta-good one is for those of us who have our TiVos networked to our home computers. "TiVo To Go" already allowed us to use our network connections to transfer a recording from the harddisk of the TiVo to the harddisk of a computer. The new software makes it possible to go in the other direction. You can take any properly-encoded MPEG-2 video file on your harddisk, transfer it to your TiVo and play it on the TV set connected to that TiVo.
I'm not entirely sure when I would want to do this but I suppose it has its applications. It certainly isn't useful enough to compensate for the downsides imposed by the other new feature. Put simply, as of version 7.2, it is now possible for the copyright holder of a TV show (i.e., the network or producer) to encode a show so as to restrict TiVo's ability to record or save it. Welcome to the wonderful world of copy protection.
There are three categories of copy protection involved here. The TiVo website describes them thusly:
- Copy Never – This content is not allowed to be recorded by a TiVo DVR.
- 7 Day Unlimited – These programs can be recorded and viewed as many times as you like within 7 days of their original recording date.
- 7 Day / 24 Hours – These programs can be stored for up to 7 days but once you begin watching the show, you must complete viewing within 24 hours.
These restrictions obviously suck. The middle one sucks a lot, the last one sucks even more and the first is the suckiest of all. For those of us who have a TiVo with a built-in DVD burner, there seems to be yet another quite-sucky category, which is that the show can be recorded normally on the TiVo and kept there indefinitely but it cannot be copied onto a DVD. TiVo indicates that a show has a specified restriction by putting a little red flag on its listing. We are told that these will appear only on pay-per-view events and video-on-demand material and that it is almost inconceivable that the broadcast networks will stop us from recording their shows or saving them as long as we want. And at the moment, I do think it's premature to be worried that you won't be able to record or archive The Simpsons or CSI: Boise or Conan O'Brien.
Who should be worried? Well, if I operated a movie theater that depended on current releases, I might start wondering how to convert the place into an Olive Garden. The studios are already making noises about getting rid of the exclusive window for theatrical exhibition and when that happens, a lot of theaters will probably suffer. Ten years ago, the average length of time between the release of a new movie and its availability on home video was around 200 days. Two years ago, it was 180 days and recently, it's been around 136 days, though Sony has put out DVDs of theatrical releases that opened in theaters some 95 days earlier. You don't have to be a statistician to see where this one's going. "Day and date" is the wave of the future, and TiVo is obviously gearing up to deal with that kind of marketing.
Right now for us, it's more of an annoyance. How much of an annoyance it will be will depend on which shows are flagged, but I must say it would discourage me from purchasing a pay-per-view program to be told I had to watch it within seven days. I think the real pain for me is that it reverses the whole psychology of TiVo. As you know if you're a friend I've harangued into buying one (not a small group), the great thing about TiVo is that it enables you to own television instead of the other way around. You watch what you want when you want to watch it. You pause it when you want. You can live your life without fear of missing a favorite show or having to run home and catch it because you forgot to set the VCR. Once I post this, I'm going to take a walk over to a nearby Souplantation where, through this Friday, they're featuring a terrific Cream of Tomato soup. Whenever I get home, tonight's installment of The Daily Show with Jon Stewart will be waiting for me.
I've come to trust my TiVos. I don't like the whole idea of them saying no to me…telling me they won't do what I want them to do. This year marks 18 years since the TiVo company was founded. In other words, TiVo has become an adult and I can no longer control it. Next thing I know, mine will be drinking and smoking and even recording Bill O'Reilly against my explicit orders. It's very sad.
In the meantime, to perhaps foreshadow the inevitable, TiVo owners are reporting that some normal broadcast shows, mainly on Fox affiliates, have been "flagged" by TiVo as not-to-be-copied. For example, folks in some cities who recorded a recent King of the Hill were informed by their TiVos that the show would be deleted in seven days and could not be copied to another medium. This, we're hearing, was a mistake. Depending on which report you read, it was either due to a bug in the TiVo 7.2 software or to an encoding error by someone at Fox or some combination of screw-ups. Either way, everyone agrees it was an error and that ordinary, non-pay-per-view broadcast television is safe. The question is, once this kind of copyguard technology is widespread: For how long?