Quote:
Originally Posted by Aries
By the way, there is no technical difference between streaming and downloading, and no legal difference either.
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However, if you put the two together, you could encounter a difference. (This isn't made-up... this is actually reflective of how TiVo's work.) If a digital video has the copy protection flag CCI 0x02 (Copy Once) applied, there is a difference:
Imagine a secure transfer capability. With a download, the transfer capability could transfer an encrypted copy of the video, and then after the entire copy is transferred have the receiver solicit a decryption key from the sender. At the moment the sender generates the decryption key, it changes the CCI flag on the original to 0x03 (Copy Never), and then transmits the decryption key to unlock the copy. With that arrangement there is an acceptable risk of failure -- a very small and short transaction that if it fails, the user "loses" a copy.
With streaming, the transfer capability cannot transfer an encrypted copy (or would have to provide the decryption key at the start of the transfer -- either way). To ensure compliance, it would therefore be necessary to change the CCI flag of the original to 0x03 at the start of the transfer. That opens up a very large duration of exposure to failure (the entire duration of the streaming), leading to the user "losing" a copy.
As I mentioned, this is not made-up. This is a reality that TiVo had to deal with with its MRV feature (and really all
DVR services would have to address this, and will likely address it the same way). Because TiVo's MRV supports streaming, TiVo's solution is to treat CCI 0x02 = CCI 0x03 -- basically if there is any copy protection they don't allow you to transfer it at all (even if you theoretically should be allowed to make one copy). They basically tell you that the content owner has prohibited the operation (although the reality is that all the content owner has done is forced you into a situation where you have an unacceptably high probability of "losing" the copy).