video-on-demand, pay-per view, pay television trans-
mission, subscription-on-demand, non-premium sub-
scription television, free conditional access delivery, 
or non-conditional access broadcast transmission. 
(8) FREE CONDITIONAL ACCESS DELIVERY.— 
The term ‘‘free conditional access delivery’’ means a 
conditional access delivery for which viewers are not 
charged any fee, other than government-mandated 
fees, for the reception or viewing of the program-
ming contained in the delivery. 
(9) NON-CONDITIONAL
ACCESS
BROADCAST 
TRANSMISSION.—The term ‘‘non-conditional access 
broadcast transmission’’ means a broadcast trans-
mission, including an over-the-air transmission for 
reception by the general public using radio fre-
quencies allocated for that purpose, whether analog 
or digital, that is not subject to a technology that 
controls access to the transmission. 
(10) 
NON-PREMIUM
SUBSCRIPTION
TELE-
VISION.—The term ‘‘non-premium subscription tele-
vision’’ means an analog or digital delivery of a serv-
ice, or schedule or group of programs, including 
those which may be offered for sale together with 
other services, for which subscribers are charged a 
subscription fee for the reception or viewing of the
programming contained in the delivery, other than 
pay television and subscription-on-demand. 
(11) PAY-PER-VIEW.—(A) The term ‘‘pay-per- 
view’’— 
(i) means an analog or digital delivery of 
an individual program or specified group of pro-
grams in a case in which— 
(I) such individual program, or each 
individual program of the group of pro-
grams, is generally uninterrupted by com-
mercial advertising messages; and 
(II) recipients are charged a separate 
fee for each such program or specified 
group of programs; and 
(ii) includes delivery of a single program 
described in clause (i) for which multiple start 
times are made available at time intervals which 
are less than the running time of the program 
as a whole. 
(B) If a delivery qualifies both as pay-per-view 
and a pay television transmission, then the delivery 
shall be deemed, for purposes of this title, to be pay- 
per-view rather than a pay television transmission. 
(12) PAY TELEVISION TRANSMISSION.—(A) The 
term ‘‘pay television transmission’’ means an analog
or digital transmission of a service or schedule of 
programs, in a case in which— 
(i) each individual program of the service 
or schedule of programs is generally uninter-
rupted by commercial advertising messages; and 
(ii) subscribing viewers are charged a peri-
odic subscription fee for the service or schedule 
of programs, such as on a monthly basis, for 
the reception of the programming delivered by 
the service, whether separately or together with 
other services or programming, during the view-
ing period covered by the fee. 
(B) If a delivery qualifies both as a pay tele-
vision transmission and pay per view, video-on-de-
mand, or subscription-on-demand, then the delivery 
shall be deemed, for purposes of this title, to be pay- 
per-view, video-on-demand or subscription-on-de-
mand rather than a pay television transmission. 
(13) 
PRERECORDED
MEDIUM.—The 
term 
‘‘prerecorded medium’’ means the delivery of one or 
more programs, in prerecorded form, whether in 
analog or digital format, on a packaged medium, 
such as a VHS tape or DVD disc, or on another op-
tical medium or storage device.
(14) PROFESSIONAL
DEVICE.—(A) The term 
‘‘professional device’’ means a device that is de-
signed, manufactured, marketed, and intended for 
use by a person who regularly employs such a device 
for lawful business or industrial purposes, such as 
making, performing, displaying, distributing, or 
transmitting copies of audiovisual works on a com-
mercial scale at the request of, or with the explicit 
permission of, the copyright owner. 
(B) If a device is marketed to or is commonly 
purchased by persons other than those described in 
subparagraph (A), then such device shall not be con-
sidered to be a ‘‘professional device’’. 
(15) PROGRAM.—The term ‘‘program’’ means 
an audiovisual work, in analog or digital format, as 
defined in section 101 of title 17, United States 
Code, that is offered for transmission, delivery, or 
distribution, either generally or on demand, to sub-
scribers, purchasers, or the public at large, or other-
wise for commercial purposes. 
(16) REDISTRIBUTION.—The term ‘‘redistribu-
tion’’— 
(A) means the movement of video content 
beyond the home or similar local environment; 
and
(B) does not include the secure movement 
of video content within any of the rooms or 
areas within a consumer’s primary residence, or 
within and among locations such as a con-
sumer’s car, boat, recreational vehicle, or sec-
ondary residence. 
(17) RIGHTS SIGNALING SYSTEM.— 
(A) RIGHTS
SIGNALING
SYSTEM.—The 
term ‘‘rights signaling system’’ means CGMS– 
A, (‘‘CGMS–A’’) supplemented by VEIL. 
(B) CGMS–A.—The term ‘‘CGMS–A’’ 
means Content Generation Management Sys-
tem-Analog. 
(C) VEIL.—The term ‘‘VEIL’’ means 
Video Encoded Invisible Light technology. 
(18) 
ROBUSTNESS
RULES.—The 
term 
‘‘robustness rules’’ means the minimum robustness 
requirements established under section 202. 
(19) 
SUBSCRIPTION-ON-DEMAND.—(A) 
The 
term ‘‘subscription-on-demand’’ means the delivery 
of an individual program or a specified group of pro-
grams, in a case in which— 
(i) a subscriber is able, at his or her dis-
cretion, to select the time for beginning the ex-
hibition of the program or group of programs;