Encoding Rules. 5.1.1 Content Participant shall not encode, or direct to be encoded, Commercial Audiovisual Content so as to prevent or limit copying thereof in Products except as follows: (a) to prevent or limit copying of Prerecorded Media, Video on Demand, Pay-Per-View, Subscription-on-Demand, and Undefined Business Models that are Comparable to any of the foregoing; and (b) to prevent or limit copying, other than such first generation of copies as are permitted under the Compliance Rules, of Pay Television Transmissions, Non-Premium Subscription Television, Free Conditional Access Delivery, and Undefined Business Models that are Comparable to any of the foregoing. 5.1.2 Content Participant shall not encode, or direct to be encoded, Commercial Audiovisual Content so as to prevent or limit the retransmission thereof except as follows: (a) Content Participant may so encode, or direct to be encoded, Commercial Audiovisual Content pursuant to Section 5.1.1; (b) Content Participant may so encode, or direct to be encoded, any Defined Business Models and any Undefined Business Models that are Comparable to such Defined Business Models. 5.1.3 Content Participant shall not encode, or direct to be encoded, using the Image Constraint Token, Commercial Audiovisual Content so as to prevent or limit any Products from outputting such content in the form of Decrypted SVR Data in High Definition Analog Form or any unprotected digital equivalent thereof, except with respect to Prerecorded Media, Pay Television Transmissions, Video-on-Demand, Subscription-on-Demand, Pay-Per-View, an Undefined Business Model that is Comparable to any of the foregoing, or any other Conditional Access Delivery of a Commercial Audiovisual Content that had a theatrical release, or was released direct-to-video, and is transmitted or delivered uninterrupted by Commercial Advertising Messages. For purposes of this Section 5.1.3, to “encode, or direct to be encoded, using the Image Constraint Token” means to direct or cause the setting of the Image Constraint Token so as to cause a Product that outputs Decrypted SVR Data to a High Definition Analog Output or an unprotected digital equivalent thereof, to output such Decrypted SVR Data as a Constrained Image. The provisions of this Agreement shall not be taken or offered by any Party as a waiver or license of any copyright interest or an admission of the existence of infringement (or not) of a copyright interest, but represents a technical accommodation with respect to MG-R(SVR) for EMPR. Without limiting any term or condition of this Agreement, this Agreement shall not be construed to limit Content Participant’s right to seek to protect Commercial Audiovisual Content through means other than MG-R(SVR) for EMPR, and the Encoding Rules apply only with respect to the application of MG-R(SVR) for EMPR.
Appears in 1 contract
Samples: Content Participant Agreement
Encoding Rules. 5.1.1 □ (a) Content Participant shall not encode, or direct to be encoded, using DTCP, Commercial Audiovisual Content so as to prevent or limit copying thereof in Licensed Products except as follows:
(ai) to prevent or limit copying of Prerecorded Media, Video on Demand, Pay-Per-View, Subscription-on-Demand, and Undefined Business Models that are Comparable to any of the foregoing; and
and □ (bii) to prevent or limit copying, other than such first generation of copies as are permitted under the Compliance Rules, of Pay Television Transmissions, Non-Premium Subscription Television, Free Conditional Access Delivery, and Undefined Business Models that are Comparable to any of the foregoing.
5.1.2 . □ (b) Content Participant shall not encode, or direct to be encoded, using DTCP, Commercial Audiovisual Content so as to prevent or limit the retransmission thereof except as follows:
□ (ai) Content Participant may so encode, or direct to be encoded, using DTCP, Commercial Audiovisual Content pursuant to Section 5.1.1;
5.1(a); □ (bii) Content Participant may so encode, or direct to be encoded, using EPN, any Defined Business Models other than EPN Eligible Non-Conditional Access Delivery, and any Undefined Business Models that are Comparable to such Defined Business Models; and □ (iii) Content Participant may, solely as expressly authorized under Section 5.3, encode, or direct to be encoded, using EPN, EPN Eligible Non-Conditional Access Delivery and Undefined Business Models that are Comparable to EPN Eligible Non-Conditional Access Delivery. □ (c) For purposes of this Agreement, to “encode, or direct to be encoded, using DTCP” means to cause or direct the inclusion of particular copy control information in the DTCP Encryption Mode Indicator (“DTCP EMI”), or the DTCP Embedded Copy Control Information (“EmCCI”) data packet of a DTCP encrypted data stream, in each case as such DTCP EMI and EmCCI are described in the Specification, or in such other location so as to cause DTCP (including, for avoidance of doubt, EPN and the Image Constraint Token) to be used to protect the Commercial Audiovisual Content carried in such data stream. For avoidance of doubt, “to encode, or direct to be encoded, using the Image Constraint Token” (as defined in Section 5.1(d)) and “to encode, or direct to be encoded, using EPN” are included in the definition of “to encode, or direct to be encoded, using DTCP.
5.1.3 ” □ (d) Content Participant shall not encode, or direct to be encoded, using the Image Constraint Token, Commercial Audiovisual Content so as to prevent or limit any Products Sink Device from outputting such content in the form of Decrypted SVR Data in High Definition Analog Form or any unprotected digital equivalent thereof, except with respect to Prerecorded Media, Pay Television Transmissions, Video-on-Demand, Subscription-on-Demand, Pay-Per-View, an Undefined Business Model that is Comparable to any of the foregoing, or any other Conditional Access Delivery of a Commercial Audiovisual Content Program that had a theatrical release, or was released direct-to-video, and is transmitted or delivered uninterrupted by Commercial Advertising Messages. Notwithstanding the foregoing, Content Participant shall not so encode, or direct to be encoded, using the Image Constraint Token, any Commercial Audiovisual Content that Content Participant causes or permits to be transmitted or delivered to a device that incorporates a Source Function if Content Participant permits such Commercial Audiovisual Content to be substantially simultaneously output from such device in an unprotected High Definition Analog Form or any unprotected digital equivalent (unless (a) via a digital transmission technology which is licensed solely for transmission for display purposes (e.g., DVI) or (b) via any computer video output referenced in Section 4.3.3 of Part 1 of Exhibit B to the Form Adopter Agreement during the time period in which Licensed Products incorporated into Computer Products are permitted under such section to pass to such output Decrypted DT Data other than as a Constrained Image via such output) and such content, when received by such device, is not DT Data. For purposes of this Section 5.1.35.1, to “encode, or direct to be encoded, using the Image Constraint Token” means to direct or cause the setting of the Image Constraint Token so as to cause a Product Sink Device that outputs Decrypted SVR DT Data to a High Definition Analog Output or an unprotected digital equivalent thereof, thereof to so output such Decrypted SVR DT Data as a Constrained Image. The provisions of Capitalized terms used in this Section 5.1(d) and not otherwise defined in this Agreement shall not be taken or offered by any Party as a waiver or license of any copyright interest or an admission of have the existence of infringement meaning given to such terms in the Compliance Rules to the Form Adopter Agreement. □ (or note) of a copyright interest, but represents a technical accommodation with With respect to MG-R(SVR) for EMPR. Without limiting any term or condition of this Agreement, this Agreement shall not be construed to limit Content Participant’s right to seek to protect Commercial Audiovisual Content through means other than MGdelivered or transmitted in the form of Video-R(SVRon-Demand, Pay-Per-View or Subscription-on-Demand, or an Undefined Business Model that is Comparable to any of the foregoing, in each case that Content Participant encodes or directs to be encoded, using DTCP, so as to prevent or limit a recipient authorized to receive such delivery or transmission from making such first generation of copies as are permitted under the Compliance Rules, Content Participant shall encode, or direct to be encoded, such content so as to cause the Retention State Indicator associated with such content to be set so as to permit Sink Devices to retain such content for at least ninety (90) minutes. Notwithstanding the foregoing, if the amount of time that such content may be retained in any Source Device is determined pursuant to rules, standards or obligations that were developed under an open-standards process, Content Participant shall not encode, or direct to be encoded, such content so as to cause the Retention State Indicator associated with such content to be set so as to prevent a Sink Device from retaining such content for EMPRsuch period of time specified in the Specification that is closest to, but not exceeding, the period of time that such Source Device is permitted to retain such content. □ (f) Without limiting the terms of Section 5.2, in markets outside the United States, and where it is not clear whether a transmission and/or delivery of Commercial Audiovisual Content owned or licensed by Content Participant is Conditional Access Delivery or falls within one of the Defined Business Models, Content Participant and Licensor shall cooperate in good faith to determine the appropriate Encoding Rules that should apply to such transmission and/or delivery so as to apply the intention and spirit of the Encoding Rules apply only with respect to the application of MG-R(SVR) for EMPRthereto.
Appears in 1 contract
Samples: Content Participant Agreement
Encoding Rules. Capitalized terms used in this Section 5.1 and not otherwise defined in this Agreement shall have the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement.
5.1.1 Content Participant Distributor shall not notmay encode, or direct to be encoded, Commercial Audiovisual using CI PLUS, Controlled Content so as to prevent or limit copying or re-transmission thereof in Licensed Products except as follows:
(a) to prevent or limit copying of Prerecorded Media, Video on Demand, : COPY NEVER Controlled Content delivered as follows may be encoded and transmitted as Copy Never content Pay-Per-View, View Subscription-on-Demand Video Any on- Demand, Undefined Business Models that are either comparable to any of the foregoing or result in Higher Resolution Controlled Content being made available through an existing business model, as long as (a) it were not initially distributed using a Free Conditional Access Delivery mechanism or (b) regulations in the territory where the content is being distributed do not preclude the use of Copy Never encoding on the content. In the use of Copy Never, Content Distributor shall encode, or direct to be encoded, such content so as to cause the Retention Limit to be set to at least ninety (90) minutes. COPY ONE GENERATION Controlled Content delivered as follows may be encoded and transmitted as Copy One Generation content Pay-Per-View Subscription-on-Demand Video Any on Demand, Pay Television transmission Non-Premium Subscription Television Free Conditional Access Delivery Undefined Business Models that are Comparable to any of the foregoing; and
foregoing (biii) to prevent or limit copyingEPN Controlled Content delivered as follows may be encoded and transmitted as EPN content Pay-Per-View Subscription-on-Demand Video Any on Demand, other than such first generation of copies as are permitted under the Compliance Rules, of Pay Television Transmissions, transmission Non-Premium Subscription Television, Television Free Conditional Access Delivery, and Delivery Undefined Business Models that are Comparable to any of the foregoing.
5.1.2 Content Participant shall not encode, or direct to be encoded, Commercial Audiovisual Content so as to prevent or limit the retransmission thereof except as follows:
(a) Content Participant may so encode, or direct to be encoded, Commercial Audiovisual Content pursuant to Section 5.1.1;
(b) Content Participant may so encode, or direct to be encoded, any Defined Business Models and any Undefined Business Models that are Comparable to such Defined Business Models.
5.1.3 Content Participant shall not encode, or direct to be encoded, using the Image Constraint Token, Commercial Audiovisual Content so as to prevent or limit any Products from outputting such content in the form of Decrypted SVR Data in High Definition Analog Form or any unprotected digital equivalent thereof, except with respect to Prerecorded Media, Pay Television Transmissions, Video-on-Demand, Subscription-on-Demand, Pay-Per-View, an Undefined Business Model that is Comparable to any of the foregoing, or any other Conditional Access Delivery of a Commercial Audiovisual Content that had a theatrical release, or was released direct-to-video, and is transmitted or delivered uninterrupted by Commercial Advertising Messages. foregoing For purposes of this Section 5.1.3Agreement, to “encode, or direct to be encoded, using the Image Constraint TokenCI PLUS” means to cause or direct or cause the setting inclusion of particular copy control information in Controlled Content as described in the Image Constraint Token Specification so as to cause a CI PLUS (including, for avoidance of doubt, EPN and the ICT) to be used to protect such Controlled Content. For avoidance of doubt, “to encode, or direct to be encoded, using the ICT” and “to encode, or direct to be encoded, using EPN” are included in the definition of “to encode, or direct to be encoded, using CI PLUS.” Content Distributor may encode, or direct to be encoded, shall not encode, or direct to be encoded, using ICT , Controlled Content using ICT so as to prevent or limit any Licensed Product that outputs Decrypted SVR Data to a from outputting such content in High Definition Analog Output or an unprotected digital equivalent thereofForm, to output such Decrypted SVR Data except as a Constrained Image. The provisions of this Agreement shall not be taken or offered by any Party as a waiver or license of any copyright interest or an admission of follows in the existence of infringement (or notfollowing cases:
a) of a copyright interestPay-Per-View Subscription-on-Demand Any on Demand, but represents a technical accommodation with respect to MGPay Television transmission Non-R(SVRPremium Subscription Television Pay-per-View
b) for EMPR. Without limiting any term or condition of this Agreement, this Agreement shall not be construed to limit Content Participant’s right to seek to protect Commercial Audiovisual Content through means other than MG-R(SVRSubscription on Demand
c) for EMPR, and the Encoding Rules apply only with respect to the application of MG-R(SVR) for EMPR.Video on Demand
Appears in 1 contract
Samples: Content Distributor Agreement
Encoding Rules. Capitalized terms used in this Section 5.1 and not otherwise defined in this Agreement shall have the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement.
5.1.1 Content Participant Distributor shall not encode, or direct to be encoded, Commercial Audiovisual using CI PLUS, Controlled Content so as to prevent or limit copying or re-transmission thereof in Licensed Products except as follows:
(i) COPY NEVER Controlled Content delivered as follows may be encoded and transmitted as Copy Never content
a) to prevent or limit copying of Prerecorded Media, Video on Demand, Pay-Per-View,
b) Subscription-on-Demand
c) Video on Demand,
d) Undefined Business Models that are comparable to any of the foregoing In the use of Copy Never, Content Distributor shall encode, or direct to be encoded, such content so as to cause the Retention Limit to be set to at least ninety (90) minutes.
(ii) COPY ONE GENERATION Controlled Content delivered as follows may be encoded and transmitted as Copy One Generation content
a) Pay-Per-View
b) Subscription-on-Demand
c) Video on Demand,
d) Pay Television transmission
e) Non-Premium Subscription Television
f) Free Conditional Access Delivery
g) Undefined Business Models that are Comparable to any of the foregoing; and
(iii) EPN Controlled Content delivered as follows may be encoded and transmitted as EPN content
a) Pay-Per-View
b) to prevent or limit copying, other than such first generation of copies as are permitted under the Compliance Rules, of Subscription-on-Demand
c) Video on Demand,
d) Pay Television Transmissions, transmission
e) Non-Premium Subscription Television,
f) Free Conditional Access Delivery, and
g) Undefined Business Models that are Comparable to any of the foregoing.
5.1.2 Content Participant shall not For purposes of this Agreement, to “encode, or direct to be encoded, Commercial Audiovisual using CI PLUS” means to cause or direct the inclusion of particular copy control information in Controlled Content as described in the Specification so as to prevent or limit cause CI PLUS (including, for avoidance of doubt, EPN and the retransmission thereof except as follows:
(aICT) Content Participant may so encode, or direct to be encodedused to protect such Controlled Content. For avoidance of doubt, Commercial Audiovisual Content pursuant “to Section 5.1.1;
(b) Content Participant may so encode, or direct to be encoded, any Defined Business Models and any Undefined Business Models that are Comparable to such Defined Business Models.
5.1.3 Content Participant shall not encode, or direct to be encoded, using the Image Constraint TokenICT” and “to encode, Commercial Audiovisual Content so as or direct to prevent or limit any Products from outputting such content be encoded, using EPN” are included in the form definition of Decrypted SVR Data in High Definition Analog Form “to encode, or any unprotected digital equivalent thereofdirect to be encoded, except with respect to Prerecorded Media, Pay Television Transmissions, Video-on-Demand, Subscription-on-Demand, using CI PLUS.”
a) Pay-Perper-View, an
b) Subscription on Demand
c) Video on Demand
d) Undefined Business Model Models that is are Comparable to any of the foregoing, or
e) Or any other Conditional Access Delivery of a Commercial Audiovisual Content Program that had a theatrical release, or was released direct-to-video, and is transmitted or delivered uninterrupted by Commercial Advertising Messages. For purposes of this Section 5.1.35.1, to “encode, or direct to be encoded, using the Image Constraint TokenICT” means to direct or cause the setting of the Image Constraint Token ICT so as to cause a Licensed Product that outputs Decrypted SVR Data Controlled Content to a High Definition Analog Output or an unprotected digital equivalent thereof, to output such Decrypted SVR Data as a Constrained Image. The provisions of this Agreement shall not be taken or offered by any Party as a waiver or license of any copyright interest or an admission of the existence of infringement (or not) of a copyright interest, but represents a technical accommodation with respect to MG-R(SVR) for EMPR. Without limiting any term or condition of this Agreement, this Agreement shall not be construed to limit Content Participant’s right to seek to protect Commercial Audiovisual Content through means other than MG-R(SVR) for EMPR, and the Encoding Rules apply only with respect to the application of MG-R(SVR) for EMPR.
Appears in 1 contract
Samples: Content Distributor Agreement
Encoding Rules. Capitalized terms used in this Section 5.1 and not otherwise defined in this Agreement shall have the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement.
5.1.1 Content Participant Distributor shall not notmay encode, or direct to be encoded, Commercial Audiovisual using CI PLUS, Controlled Content so as to prevent or limit copying or re-transmission thereof in Licensed Products except as follows:
(a) to prevent or limit copying of Prerecorded Media, Video on Demand, : COPY NEVER Controlled Content delivered as follows may be encoded and transmitted as Copy Never content Pay-Per-View, View Subscription-on-Demand Video- Any on- Demand, Undefined Business Models that are either comparable to any of the foregoing or result in Higher Resolution Controlled Content being made available through an existing business model, as long as (a) it were not initially distributed using a Free Conditional Access Delivery mechanism or (b) regulations in the territory where the content is being distributed do not preclude the use of Copy Never encoding on the content. In the use of Copy Never, Content Distributor shall encode, or direct to be encoded, such content so as to cause the Retention Limit to be set to at least ninety (90) minutes. COPY ONE GENERATION Controlled Content delivered as follows may be encoded and transmitted as Copy One Generation content Pay-Per-View Subscription-on-Demand Video- Any on- Demand, Pay Television transmission Non-Premium Subscription Television Free Conditional Access Delivery Undefined Business Models that are Comparable to any of the foregoing; and
foregoing (biii) to prevent or limit copyingEPN Controlled Content delivered as follows may be encoded and transmitted as EPN content Pay-Per-View Subscription-on-Demand Video- Any on- Demand, other than such first generation of copies as are permitted under the Compliance Rules, of Pay Television Transmissions, transmission Non-Premium Subscription Television, Television Free Conditional Access Delivery, and Delivery Undefined Business Models that are Comparable to any of the foregoing.
5.1.2 Content Participant shall not foregoing For purposes of this Agreement, to “encode, or direct to be encoded, Commercial Audiovisual using CI PLUS” means to cause or direct the inclusion of particular copy control information in Controlled Content as described in the Specification so as to prevent or limit the retransmission thereof except as follows:
cause CI PLUS (aincluding, for avoidance of doubt, EPN and the, ICT and DOT) Content Participant may so to be used to protect such Controlled Content. For avoidance of doubt, “to encode, or direct to be encoded, Commercial Audiovisual Content pursuant using the ICT”, “to Section 5.1.1;
(b) Content Participant may so encode, or direct to be encoded, any Defined Business Models using DOT” and any Undefined Business Models that “to encode, or direct to be encoded, using EPN” are Comparable included in the definition of “to such Defined Business Modelsencode, or direct to be encoded, using CI PLUS.
5.1.3 ” Content Participant Distributor may encode, or direct to be encoded, shall not encode, or direct to be encoded, using the Image Constraint TokenICT , Commercial Audiovisual Controlled Content using ICT so as to prevent or limit any Products Licensed Product from outputting such content in the form of Decrypted SVR Data in High Definition Analog Form or any unprotected digital equivalent thereofForm, except with respect to Prerecorded Media, Pay Television Transmissions, Videoas follows in the following cases: Pay-onPer-Demand, View Subscription-on-Demand Video-Any on- Demand, PayPay Television transmission Non-Per-View, an Premium Subscription Television Undefined Business Model Models that is are Comparable to any of the foregoing, or foregoing Or any other Conditional Access Delivery of a Commercial Audiovisual Content Program that had a theatrical release, or was released direct-to-video, and is transmitted or delivered uninterrupted by Commercial Advertising Messages. For purposes of this Section 5.1.35.1, to “encode, or direct to be encoded, using the Image Constraint TokenICT” means to direct or cause the setting of the Image Constraint Token ICT so as to cause a Licensed Product that outputs Decrypted SVR Data Controlled Content to a High Definition Analog Output or an unprotected digital equivalent thereof, to output such Decrypted SVR Data as a Constrained Image. Use of the “Digital Only Token - DOoT” Content Distributor may shall not encode, or direct to be encoded, using DOoT, Controlled Content so as to prevent or limit any Licensed Product from outputting video portion of such content in Standard or High Definition Analog Form, except as follows: content that is being broadcast before any release to pre-recorded media, where
i) such consent to expire 90 120 days after the start of use of DOoT
ii) notwithstanding the foregoing, such consent to expire immediately on release of pre-recorded media, unless the DOT is set on the pre-recorded media, and then only during such period that the pre-recorded media is distributed with DOT set, or Undefined Business Models that are Comparable to any of the foregoing, or Content is delivered in 3D format;; and Tthere are no local regulations mandating analog output for such particular content. Notwithstanding the limitations on the use of DOT above, Content Distributor may encode, or direct to be encoded, using DOT, any Controlled Content so as to limit any Licensed Product from outputting video portion of such content in Standard or High Definition Analog Form after Dec 31, 2013 provided that there are no local regulations mandating analog output for such particular content. For purposes of this Section 5.1, to “encode, or direct to be encoded, using DOoT” means to direct or cause the setting of DOoT so as to cause a Licensed Product to inhibit the output of both High Definition and Standard Definition Analog Outputs, as well as to only allow output to protected Digital outputs which ensure that the content will not be further output on High Definition or Standard Definition Analog Outputs, where permitted by local regulations. Host devices or CAMs that implement versions of the CI Plus technical specifications that do not support DOT signaling (that is, versions prior to v1.3) should not process any Controlled Content for which DOT has been asserted. The provisions of this Agreement shall not be taken or offered by any Party party as a waiver or license of any copyright interest or an admission of the existence of infringement (or not) of a copyright interest, but represents a technical accommodation with respect to MG-R(SVR) for EMPRCI PLUS. Without limiting any term or condition of this Agreement, this Agreement shall not be construed to limit Content ParticipantDistributor’s right to seek to protect Commercial Audiovisual Controlled Content through means other than MG-R(SVR) for EMPRCI PLUS, and the Encoding Rules apply only with respect to the application of MG-R(SVR) for EMPRCI PLUS.
Appears in 1 contract
Samples: Content Distributor Agreement
Encoding Rules. Capitalized terms used in this Section 5.1 and not otherwise defined in this Agreement shall have the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement.
5.1.1 Content Participant Distributor shall not notmay encode, or direct to be encoded, Commercial Audiovisual using CI PLUS, Controlled Content so as to prevent or limit copying or re-transmission thereof in Licensed Products except as follows:
(a) to prevent or limit copying of Prerecorded Media, Video on Demand, : COPY NEVER Controlled Content delivered as follows may be encoded and transmitted as Copy Never content Pay-Per-View, View Subscription-on-Demand Video- Any on- Demand, Undefined Business Models that are either comparable to any of the foregoing or result in Higher Resolution Controlled Content being made available through an existing business model, as long as (a) it were not initially distributed using a Free Conditional Access Delivery mechanism or (b) regulations in the territory where the content is being distributed do not preclude the use of Copy Never encoding on the content. In the use of Copy Never, Content Distributor shall encode, or direct to be encoded, such content so as to cause the Retention Limit to be set to at least ninety (90) minutes. COPY ONE GENERATION Controlled Content delivered as follows may be encoded and transmitted as Copy One Generation content Pay-Per-View Subscription-on-Demand Video- Any on- Demand, Pay Television transmission Non-Premium Subscription Television Free Conditional Access Delivery Undefined Business Models that are Comparable to any of the foregoing; and
foregoing (biii) to prevent or limit copyingEPN Controlled Content delivered as follows may be encoded and transmitted as EPN content Pay-Per-View Subscription-on-Demand Video- Any on- Demand, other than such first generation of copies as are permitted under the Compliance Rules, of Pay Television Transmissions, transmission Non-Premium Subscription Television, Television Free Conditional Access Delivery, and Delivery Undefined Business Models that are Comparable to any of the foregoing.
5.1.2 Content Participant shall not foregoing For purposes of this Agreement, to “encode, or direct to be encoded, Commercial Audiovisual using CI PLUS” means to cause or direct the inclusion of particular copy control information in Controlled Content as described in the Specification so as to prevent or limit the retransmission thereof except as follows:
cause CI PLUS (aincluding, for avoidance of doubt, EPN, and the, ICT and DOT) Content Participant may so to be used to protect such Controlled Content. For avoidance of doubt, “to encode, or direct to be encoded, Commercial Audiovisual Content pursuant using the ICT”, “to Section 5.1.1;
(b) Content Participant may so encode, or direct to be encoded, any Defined Business Models using DOT” and any Undefined Business Models that “to encode, or direct to be encoded, using EPN” are Comparable included in the definition of “to such Defined Business Modelsencode, or direct to be encoded, using CI PLUS.
5.1.3 ” Content Participant Distributor may encode, or direct to be encoded, shall not encode, or direct to be encoded, using the Image Constraint TokenICT , Commercial Audiovisual Controlled Content using ICT so as to prevent or limit any Products Licensed Product from outputting such content in the form of Decrypted SVR Data in High Definition Analog Form or any unprotected digital equivalent thereofForm, except with respect to Prerecorded Media, Pay Television Transmissions, Videoas follows in the following cases: Pay-onPer-Demand, View Subscription-on-Demand Video-Any on- Demand, PayPay Television transmission Non-Per-View, an Premium Subscription Television Undefined Business Model Models that is are Comparable to any of the foregoing, or foregoing Or any other Conditional Access Delivery of a Commercial Audiovisual Content Program that had a theatrical release, or was released direct-to-video, and is transmitted or delivered uninterrupted by Commercial Advertising Messages. For purposes of this Section 5.1.2, to “encode, or direct to be encoded, using ICT” means to direct or cause the setting of ICT so as to cause a Licensed Product that outputs Controlled Content to a High Definition Analogue Output as a Constrained Image. Use of the “Digital Only Token - DOoT” Content Distributor may shall not encode, or direct to be encoded, using DOoT, Controlled Content so as to prevent or limit any Licensed Product from outputting video portion of such content in Standard or High Definition Analogue Form, except as follows: content that is being broadcast before any release to pre-recorded media, where
i) such consent to expire 90 120 days after the start of use of DOoT
ii) notwithstanding the foregoing, such consent to expire immediately on release of pre-recorded media, unless the DOT is set on the pre-recorded media, and then only during such period that the pre-recorded media is distributed with DOT set, or Undefined Business Models that are Comparable to any of the foregoing, or Content is delivered in 3D format;; and Tthere are no local regulations mandating analogue output for such particular content. Notwithstanding the limitations on the use of DOT above, Content Distributor may encode, or direct to be encoded, using DOT, any Controlled Content so as to limit any Licensed Product from outputting video portion of such content in Standard or High Definition Analog Form after Dec 31, 2013 provided that there are no local regulations mandating analog output for such particular content. For purposes of this Section 5.1.3, to “encode, or direct to be encoded, using the Image Constraint TokenDOoT” means to direct or cause the setting of the Image Constraint Token DOoT so as to cause a Licensed Product that outputs Decrypted SVR Data to a inhibit the output of both High Definition Analog Output and Standard Definition Analogue Outputs, as well as to only allow output to protected Digital outputs which ensure that the content will not be further output on High Definition or an unprotected digital equivalent thereofStandard Definition Analogue Outputs, where permitted by local regulations. Host devices or CAMs that implement versions of the CI Plus technical specifications that do not support DOT signaling (that is, versions prior to output such Decrypted SVR Data as a Constrained Imagev1.3) should not process any Controlled Content for which DOT has been asserted. The provisions of this Agreement shall not be taken or offered by any Party party as a waiver or license of any copyright interest or an admission of the existence of infringement (or not) of a copyright interest, but represents a technical accommodation with respect to MG-R(SVR) for EMPRCI PLUS. Without limiting any term or condition of this Agreement, this Agreement shall not be construed to limit Content ParticipantDistributor’s right to seek to protect Commercial Audiovisual Controlled Content through means other than MG-R(SVR) for EMPRCI PLUS, and the Encoding Rules apply only with respect to the application of MG-R(SVR) for EMPRCI PLUS.
Appears in 1 contract
Samples: Content Distributor Agreement
Encoding Rules. Capitalized terms used in this Section 5.1 and not otherwise defined in this Agreement shall have the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement.
5.1.1 Content Participant shall not encode, or direct to be encoded, Commercial Audiovisual Content so as to prevent or limit copying thereof in Products except as follows:
(a) to prevent or limit copying of Prerecorded Media, Video on Demand, Pay-Per-View, Subscription-on-Demand, and Undefined Business Models that are Comparable to any of the foregoing; and
(b) to prevent or limit copying, other than such first generation of copies as are permitted under the Compliance Rules, of Pay Television Transmissions, Non-Premium Subscription Television, Free Conditional Access Delivery, and Undefined Business Models that are Comparable to any of the foregoing.
5.1.2 Content Participant shall not encode, or direct to be encoded, Commercial Audiovisual Content so as to prevent or limit the retransmission thereof except as follows:
(a) Content Participant may so encode, or direct to be encoded, Commercial Audiovisual Content pursuant to Section 5.1.1;
(b) Content Participant may so encode, or direct to be encoded, any Defined Business Models and any Undefined Business Models that are Comparable to such Defined Business Models.
5.1.3 Content Participant Distributor shall not encode, or direct to be encoded, using the Image Constraint TokenCI PLUS, Commercial Audiovisual Controlled Content so as to prevent or limit any copying or re-transmission thereof in Licensed Products from outputting such except as follows: COPY NEVER Controlled Content delivered as follows may be encoded and transmitted as Copy Never content in the form of Decrypted SVR Data in High Definition Analog Form or any unprotected digital equivalent thereof, except with respect to Prerecorded Media, Pay Television Transmissions, VideoPay-onPer-Demand, View Subscription-on-Demand Video on Demand, Undefined Business Models that are comparable to any of the foregoing In the use of Copy Never, Content Distributor shall encode, or direct to be encoded, such content so as to cause the Retention Limit to be set to at least ninety (90) minutes. Notwithstanding any encoding rule listed above, any High Definition Controlled content may be encoded and transmitted as Copy Never content as long as (a) it was not initially distributed using a Free Conditional Access Delivery mechanism or (b) regulations in the territory where the content is being distributed do not preclude the use of Copy Never encoding on the content. COPY ONE GENERATION Controlled Content delivered as follows may be encoded and transmitted as Copy One Generation content Pay-Per-ViewView Subscription-on-Demand Video on Demand, an Pay Television transmission Non-Premium Subscription Television Free Conditional Access Delivery Undefined Business Model Models that is are Comparable to any of the foregoingforegoing (iii) EPN Controlled Content delivered as follows may be encoded and transmitted as EPN content Pay-Per-View Subscription-on-Demand Video on Demand, or any other Pay Television transmission Non-Premium Subscription Television Free Conditional Access Delivery Undefined Business Models that are Comparable to any of a Commercial Audiovisual Content that had a theatrical release, or was released direct-to-video, and is transmitted or delivered uninterrupted by Commercial Advertising Messages. the foregoing For purposes of this Section 5.1.3Agreement, to “encode, or direct to be encoded, using the Image Constraint TokenCI PLUS” means to cause or direct or cause the setting inclusion of particular copy control information in Controlled Content as described in the Image Constraint Token Specification so as to cause a CI PLUS (including, for avoidance of doubt, EPN and the ICT) to be used to protect such Controlled Content. For avoidance of doubt, “to encode, or direct to be encoded, using the ICT” and “to encode, or direct to be encoded, using EPN” are included in the definition of “to encode, or direct to be encoded, using CI PLUS.” Content Distributor may encode, or direct to be encoded, shall not encode, or direct to be encoded, using ICT , Controlled Content using ICT so as to prevent or limit any Licensed Product that outputs Decrypted SVR Data to a from outputting such content in High Definition Analog Output or an unprotected digital equivalent thereofForm, to output such Decrypted SVR Data except as a Constrained Image. The provisions of this Agreement shall not be taken or offered by any Party as a waiver or license of any copyright interest or an admission of follows in the existence of infringement (or notfollowing cases:
a) of a copyright interestPay-Per-View Subscription-on-Demand Video on Demand, but represents a technical accommodation with respect to MGPay Television transmission Non-R(SVRPremium Subscription Television Pay-per-View
b) for EMPR. Without limiting any term or condition of this Agreement, this Agreement shall not be construed to limit Content Participant’s right to seek to protect Commercial Audiovisual Content through means other than MG-R(SVRSubscription on Demand
c) for EMPR, and the Encoding Rules apply only with respect to the application of MG-R(SVR) for EMPR.Video on Demand
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Samples: Content Distributor Agreement
