Common use of Encoding Rules Clause in Contracts

Encoding Rules. (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: (i) 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 (ii) 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. (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: (i) Content Participant may encode, or direct to be encoded, using DTCP, Commercial Audiovisual Content pursuant to Section 5.1(a); (ii) Content Participant may encode, or direct to be encoded, using EPN, any Defined Business Models other than Other EPN Eligible Broadcast Television and any Undefined Business Models that are Comparable to such Defined Business Models, in each case in accordance with the terms of paragraphs (A)-(C) of this Section 5.1(b)(ii): (A) Content Protection Indicators shall be set to assert EPN in accordance with the Specification. (B) CGMS-A, if present, shall be encoded as “Copy Freely” in accordance with the CGMS-A specifications contained in IEC 61880 (for inclusion on Line 20) or in CEA-608-B (for inclusion on Line 21) or in CEA-805-A (for inclusion on Line 41), as applicable. (C) APS trigger bits, if present, shall be encoded so as not to trigger the application of the Automatic Gain Control and Colorstripe copy control system, in accordance with the document entitled “Specification of the Macrovision Copy Protection Process for DVD Products, Revision 7.1.D1, September 30, 1999.” (iii) Content Participant may, solely as expressly authorized under Section 5.3, encode, or direct to be encoded, using EPN: (A) Other EPN Eligible Broadcast Television and (B) Undefined Business Models that are Comparable to Other EPN Eligible Broadcast Television. (c) Content Participant may encode, or direct to be encoded the DTCP Digital Only Token or the DTCP Analog Sunset Token for Video-on-Demand, Pay-Per-View, Subscription-on-Demand, Pay Television Transmissions, Non-Premium Subscription Television, Free Conditional Access Delivery, and Undefined Business Models that are Comparable to any of the foregoing-- (i) in the case of Video-on-Demand, any Program until the earlier of (x) 90 days from the first application of DOT by any Video-on-Demand service for such Program or (y) the retail release of such Program on pre-recorded media, in each case in the country where such Video-on-Demand transmission is made and provided that no government regulations conflict with such Encoding Rules, or, (ii) as allowed by the FCC Waiver Order. (d) Content Participant may encode, or direct to be encoded with a Number of Permitted CC Copies content that is permitted to be, and is, encoded with copy control information as Copy Never or Copy One Generation, provided that any encoding of a Number of Permitted CC Copies must be accompanied by the permitted copy control information carried in Content Protection Indicators. For purposes of clarity, such encoding is not permitted for content that is encoded, or is directed to be encoded, as EPN. (e) 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 Content Protection Indicators, 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(f)) 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.” (f) 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 Sink Device from outputting such content 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 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, 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 Sink Device that outputs Decrypted DT Data to a High Definition Analog Output or an unprotected digital equivalent thereof to so output such Decrypted DT Data as a Constrained Image. Capitalized terms used in this Section 5.1(f) and not otherwise defined in this Agreement shall have the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement. (g) With respect to any Commercial Audiovisual Content delivered or transmitted in the form of Video-on-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 such 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. (h) 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 thereto. (i) 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 DTCP. 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 DTCP, and the Encoding Rules apply only with respect to the application of DTCP.

Encoding Rules. (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: (i) 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 (ii) 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. (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: (i) Content Participant may encode, or direct to be encoded, using DTCP, Commercial Audiovisual Content pursuant to Section 5.1(a); (ii) Content Participant may encode, or direct to be encoded, using EPN, any Defined Business Models other than Other EPN Eligible Broadcast Television and any Undefined Business Models that are Comparable to such Defined Business Models, in each case in accordance with the terms of paragraphs (A)-(C) of this Section 5.1(b)(ii): (A) Content Protection Indicators shall be set to assert EPN in accordance with the Specification. (B) CGMS-A, if present, shall be encoded as “Copy Freely” in accordance with the CGMS-A specifications contained in IEC 61880 (for inclusion on Line 20) or in CEA-608-B (for inclusion on Line 21) or in CEA-805-A (for inclusion on Line 41), as applicable. (C) APS trigger bits, if present, shall be encoded so as not to trigger the application of the Automatic Gain Control and Colorstripe copy control system, in accordance with the document entitled “Specification of the Macrovision Copy Protection Process for DVD Products, Revision 7.1.D1, September 30, 1999.” (iii) Content Participant may, solely as expressly authorized under Section 5.3, encode, or direct to be encoded, using EPN: (A) Other EPN Eligible Broadcast Television and (B) Undefined Business Models that are Comparable to Other EPN Eligible Broadcast Television. (c) Content Participant may not encode, or direct to be encoded encoded, using the DTCP Digital Only Token or the DTCP Analog Sunset Token for Video-on-DemandToken, Pay-Per-View, Subscription-on-Demand, Pay Television Transmissions, Non-Premium Subscription Television, Free Conditional Access Delivery, and Undefined Business Models that are Comparable to any of the foregoing--Commercial Audiovisual Content except-- (i) in the case of Video-on-DemandDemand in a particular country, any Program until the earlier of (x) 90 120 days from the first application of DOT by any Video-on-on- Demand service for such Program or (y) the retail release in such country of such Program on in any pre-recorded mediaformat except if such pre-recorded format both (a) is designed to prevent all products from outputting such Program in analog format (whether output from a product then-manufactured or distributed or from any legacy product) and (b) includes an indicator requiring the Source Device to set the DOT to asserted for such Program, if such Program can be output via DTCP, (ii) to the same extent in each case any country of the world as is allowed in the country where such Video-on-Demand transmission is made and provided that no government regulations conflict with such Encoding RulesUnited States by the FCC Waiver Order, or, (iiiii) as allowed by the FCC Waiver Orderany Program on Prerecorded Media, or delivered via an Undefined Business Model that is Comparable to Prerecorded Media unless such model is also a Defined Business Model other than Prerecorded Media or an Undefined Business Model that is Comparable thereto. (d) Content Participant may encode, or direct to be encoded with a Number of Permitted CC Copies content that is permitted to be, and is, encoded with copy control information as Copy Never or Copy One Generation, provided that any encoding of a Number of Permitted CC Copies must be accompanied by the permitted copy control information carried in Content Protection Indicators. For purposes of clarity, such encoding is not permitted for content that is encoded, or is directed to be encoded, as EPN. (e) 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 Content Protection Indicators, 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(f)) 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.” (f) 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 Sink Device from outputting such content 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 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, 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 Sink Device that outputs Decrypted DT Data to a High Definition Analog Output or an unprotected digital equivalent thereof to so output such Decrypted DT Data as a Constrained Image. Capitalized terms used in this Section 5.1(f) and not otherwise defined in this Agreement shall have the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement. (g) With respect to any Commercial Audiovisual Content delivered or transmitted in the form of Video-on-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 such 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. (h) 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 thereto. (i) 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 DTCP. 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 DTCP, and the Encoding Rules apply only with respect to the application of DTCP.

Encoding Rules. (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: (i) 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 (ii) 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. (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: (i) Content Participant may encode, or direct to be encoded, using DTCP, Commercial Audiovisual Content pursuant to Section 5.1(a); (ii) Content Participant may encode, or direct to be encoded, using EPN, any Defined Business Models other than Other EPN Eligible Broadcast Television and any Undefined Business Models that are Comparable to such Defined Business Models, in each case in accordance with the terms of paragraphs (A)-(C1.1.1(a)(i)(A)-(C) of this Section 5.1(b)(ii): (A) Content Protection Indicators shall be set to assert EPN in accordance with the Specification. (B) CGMS-A, if present, shall be encoded as “Copy Freely” in accordance with the CGMS-A specifications contained in IEC 61880 (for inclusion on Line 20) or in CEA-608-B (for inclusion on Line 21) or in CEA-805-A (for inclusion on Line 41), as applicable. (C) APS trigger bits, if present, shall be encoded so as not to trigger the application of the Automatic Gain Control and Colorstripe copy control system, in accordance with the document entitled “Specification of the Macrovision Copy Protection Process for DVD Products, Revision 7.1.D1, September 30, 1999.” (iii) Content Participant may, solely as expressly authorized under Section 5.3, encode, or direct to be encoded, using EPN: (A) Other EPN Eligible Broadcast Television and (B) Undefined Business Models that are Comparable to Other EPN Eligible Broadcast Television. (c) Content Participant may encode, or direct to be encoded the DTCP Digital Only Token or the DTCP Analog Sunset Token for Video-on-Demand, Pay-Per-View, Subscription-on-Demand, Pay Television Transmissions, Non-Premium Subscription Television, Free Conditional Access Delivery, and Undefined Business Models that are Comparable to any of the foregoing-- (i) in the case of Video-on-Demand, any Program until the earlier of (x) 90 days from the first application of DOT by any Video-on-Demand service for such Program or (y) the retail release of such Program on pre-recorded media, in each case in the country where such Video-on-Demand transmission is made and provided that no government regulations conflict with such Encoding Rules, or, (ii) as allowed by the FCC Waiver Order. (d) Content Participant may encode, or direct to be encoded with a Number of Permitted CC Copies content that is permitted to be, and is, encoded with copy control information as Copy Never or Copy One Generation, provided that any encoding of a Number of Permitted CC Copies must be accompanied by the permitted copy control information carried in Content Protection Indicators. For purposes of clarity, such encoding is not permitted for content that is encoded, or is directed to be encoded, as EPN.. Deleted: 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, Deleted: ( Deleted: d Deleted: f) (e) 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 Content Protection Indicators, 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(f)) 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.”in (f) 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 Sink Device from outputting such content 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 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, 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 Sink Device that outputs Decrypted DT Data to a High Definition Analog Output or an unprotected digital equivalent thereof to so output such Decrypted DT Data as a Constrained Image. Capitalized terms used in this Section 5.1(f) and not otherwise defined in this Agreement shall have the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement. (g) With respect to any Commercial Audiovisual Content delivered or transmitted in the form of Video-on-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 such 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. (h) 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 thereto.Commercial (i) 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 DTCP. 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 DTCP, and the Encoding Rules apply only with respect to the application of DTCP.

Encoding Rules. (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: (i) 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; (ii) 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; and, (iii) Content Participant may encode, or direct to be encoded, using the Number of Permitted CC Copies, Commercial Audiovisual Content, pursuant to Section 5.1(d). (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: (i) Content Participant may encode, or direct to be encoded, using DTCP, Commercial Audiovisual Content pursuant to Section 5.1(a); (ii) Content Participant may encode, or direct to be encoded, using EPN, any Defined Business Models other than Other EPN Eligible Broadcast Television and any Undefined Business Models that are Comparable to such Defined Business Models, in each case in accordance with the terms of paragraphs 1.1.1 (A)-(Ca) (i)(A)-(C) of this Section 5.1(b)(ii): (A) Content Protection Indicators shall be set to assert EPN in accordance with the Specification. (B) CGMS-A, if present, shall be encoded as “Copy Freely” in accordance with the CGMS-A specifications contained in IEC 61880 (for inclusion on Line 20) or in CEA-608-B (for inclusion on Line 21) or in CEA-805-A (for inclusion on Line 41), as applicable. (C) APS trigger bits, if present, shall be encoded so as not to trigger the application of the Automatic Gain Control and Colorstripe copy Field Code Changed Deleted: (E) Deleted: 5.1 Deleted: (b) Deleted: (ii) <#>EPN shall be set to be asserted in accordance with Chapter 6 and Appendix B of the Specification.¶ EmCCI shall be encoded as “Copy Freely” in accordance with the Specification. control system, in accordance with the document entitled “Specification of the Macrovision Copy Protection Process for DVD Products, Revision 7.1.D1, September 30, 1999.” (iii) Content Participant may, solely as expressly authorized under Section 5.3, encode, or direct to be encoded, using EPN: (A) Other EPN Eligible Broadcast Television and (B) Undefined Business Models that are Comparable to Other EPN Eligible Broadcast Television. (civ) Content Participant may encode, or direct to be encoded encoded, using the DTCP Digital Only Token or Analog Sunset Token, Commercial Audiovisual Content pursuant to Section 5.1(c). (c) Content Participant may not encode, or direct to be encoded, using the Digital Only Token or the DTCP Analog Sunset Token Token, Commercial Audiovisual Content -- (i) in the case of Video-on-Demand in a particular country, any Program until the earlier of (x) 120 days from the first application of DOT by any except if such Video-on-Demand service for such Program or (y) the retail release in such country of such Program in any pre-recorded format law or Deleted: for Video-on-Demand, Pay-Pay- Per-View, Subscription-on-Demand, Pay Television Transmissions, Non-Premium Subscription Television, Free Conditional Access Delivery, and Undefined Business Models that are Comparable to any of the foregoing-- (i) in the case of Video-on-Demand, any Program until the earlier of (x) foregoing Deleted: 90 days from the first application of DOT by any Video-on-Demand service for such Program or (y) the retail release of such Program on pre-recorded media, in applicable each case in the country where such Video-on-Demand transmission is made and provided that no government regulations conflict with such Encoding Rulesunless prohibited by applicable law or regulation, or,to the same extent in (ii) government regulation (iii) any Program on Prerecorded Media, or delivered via an Undefined Business Model that is Comparable to Prerecorded Media unless such model is also a Defined Business Model other than Prerecorded Media or an Undefined Business Model that is Comparable thereto. For purposes of this Section 5.1, to “encode, or direct to be encoded, using the Digital Only Token or the Analog Sunset Token” means to direct or cause the setting of the Digital Only Token or Analog Sunset Token so as allowed by to cause a Sink Device to prevent the FCC Waiver Orderoutput of the applicable content in analog format. (d) Content Participant may not encode, or direct to be encoded with a encoded, using the Number of Permitted CC Copies Copies, Commercial Audiovisual Content except where such content that is permitted to be, and is, encoded with copy control information as Copy Never or Copy One Generation, provided that any encoding of a Number of Permitted CC Copies must be accompanied by Generation (as such terms are defined in the permitted copy control information carried in Content Protection IndicatorsCompliance Rules). For purposes of clarity, such encoding is not permitted for content that is encoded, or is directed to be encoded, as EPN. (e) . 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 Content Protection Indicators, 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 doubtSection 5.1, “to encode, or direct to be encoded, using the Image Constraint Token” (as defined in Section 5.1(f)) and “to encode, or direct to be encoded, using EPN” are included in the definition Number of “to encode, or direct to be encoded, using DTCP.” (f) 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 Sink Device from outputting such content 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 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, to “encode, or direct to be encoded, using the Image Constraint TokenPermitted CC Copies” means to direct or cause the setting of the Image Constraint Token CC Field in the Content Protection Indicators so as to cause a Sink Device that outputs Decrypted DT Data to a High Definition Analog Output or an unprotected digital equivalent thereof to so output such Decrypted DT Data as a Constrained Image. Capitalized terms used in this Section 5.1(f) and not otherwise defined in this Agreement shall have specify the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement. (g) With respect to any Commercial Audiovisual Content delivered or transmitted in the form of Video-on-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 number of copies as are permitted under that can be made from 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 such 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 applicable content. (h) 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 thereto. (i) 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 DTCP. 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 DTCP, and the Encoding Rules apply only with respect to the application of DTCP.