February 23, 2017

Ninth Circuit Ruling in MDY v. Blizzard

The Ninth Circuit has ruled on the MDY v. Blizzard case, which involves contract, copyright, and DMCA claims. As with the district court ruling, I’ll withhold comment due to my involvement as an expert in the case, but the decision may be of interest to FTT readers.

[Editor: The EFF has initial reactions here. Techdirt also has an overview.]

District Court Ruling in MDY v. Blizzard

Today, an Arizona District Court issued its ruling in the MDY v. Blizzard case, which involves contract, copyright, and DMCA claims. The claims addressed at trial were fairly limited because the Court entered summary judgment on several claims last summer. In-court comments by lawyers suggest that the case is headed toward appeal in the Ninth Circuit. Since I served as an expert witness in the case, I’ll withhold comment in this forum at this time, but readers are free to discuss it.

On digital TV and natural disasters

As I’m writing this, the eye of Hurricane Ike is roughly ten hours from landfall.  The weather here, maybe 60 miles inland, is overcast with mild wind.  Meanwhile, the storm surge has already knocked out power for ten thousand homes along the coast, claims the TV news, humming along in the background as I write this, which brings me to a thought.

Next year, analog TV gets turned off, and it’s digital or nothing.  Well, what happens in bad weather?  Analog TV degrades somewhat, but is still watchable.  Digital TV works great until it starts getting uncorrectable errors.  There’s a brief period where you see block reconstruction errors and, with even a mild additional amount of error, it’s just unwatchable garbage.  According to AntennaWeb, most of the terrestrial broadcast towers are maybe ten miles from my house, but that’s ten miles closer to the coast.  However, I get TV from Comcast, my local cable TV provider.  As I’ve watched the HD feed today, it’s been spotty.  Good for a while, unwatchable for a while.  The analog feed, which we also get on a different channel, has been spot on the whole time.

From this, it would appear that Comcast is getting its feed out of the air, and thus has all the same sorts of weather effects that I would have if I bothered to put my own antenna on the roof.  Next year, when the next hurricane is bearing down on the coast, and digital TV is the only TV around, it’s an interesting question whether I’ll get something useful on my TV during a disaster.  Dear Comcast, Engineering Department: please get a hard line between you and each of the local major TV stations.  Better yet, get two of them, each, and make sure they don’t share any telephone poles.

[Sidebar: In my old house, I used DirecTV plus a terrestrial antenna for HD locals, run through a DirecTV-branded HD TiVo.  Now, I’m getting everything from Comcast, over telephone poles, into a (series 3) TiVo-HD.  In any meaningful disaster, the telephone poles are likely to go down, taking out my TV source material. I get power and telephone from the same poles, so to some extent, they make a single point of failure, and thus no meaningful benefit from putting up my own antenna.

Once the storm gets closer, I’ll be moving the UPS from my computer to our, umm, shelter-in-place location.  I don’t expect I’d want to waste precious UPS battery power running my power-hungry television set.  Instead, I’ve got an AM/FM portable radio that runs on two AA’s.  Hopefully, the amount of useful information on the radio will be better than the man-on-the-street TV newscasters, interviewing fools standing along the ocean, watching the pretty waves breaking.  Hint: you can’t “ride through” a storm when the water is ten feet over your head.]