RSSCourt Throws Out FCC Broadcast Flag
By Nate Mook | Published May 6, 2005, 12:17 PM
In an unexpected win for consumer advocates, the U.S. Circuit Court of Appeals for the District of Columbia struck down a rule by the Federal Communications Commission that would have required manufacturers to support a new "broadcast flag" that prevents the copying and redistribution of television programming.
The broadcast flag was introduced in November 2003 and the FCC mandated that all devices capable of receiving television signal, including digital TV receivers and PC tuner cards, must abide by the regulation as of July 1, 2005.
The move sparked an outcry from consumer rights groups and library associations who said the flag violated fair use laws. It is also widely believed that such a change would drive up the prices of high-definition television sets and slow adoption.
The FCC contends the broadcast flag is a necessity for the emergence of digital TV and is supported in its efforts by the Motion Picture Association of America. The goal, the FCC says, is to prevent Internet distribution of copyrighted broadcast content.
However, a three-judge panel concluded that the FCC had "exceed the agency's delegated authority under the statute," by imposing the broadcast flag regulation.
"The FCC has no authority to regulate consumer electronic devices that can be used for receipt of wire or radio communication when those devices are not engaged in the process of radio or wire transmission," the panel wrote in its unanimous decision.
In order to pursue adoption of the broadcast flag, the FCC must now return to Capitol Hill and receive express authority by the United States Congress.
It's going to be TOUGH to take back those consumer rights you so easily gave away with DMCA and other legislature but this is a start.
Keep going, guys - don't stop now!
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|"In order to pursue adoption of the broadcast flag, the FCC must now return to Capitol Hill and receive express authority by the United States Congress."
looks like another battle is looming when the movie and radio execs start lining the pockets of Congress.
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|Nice to see common sense from a Court given what's been going on in this country lately. I'm just glad this one landed in the DC Circuit. If it had landed in the 9th Circus, the flags would have been implanted in the devices AND us!
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|The FCC is continually trying to regulate things they have no right to. They have no right to regulate tv or radio. If people don't like what they see on tv or what they hear on the radio they have the right to change the channel or buy a crappy v-chip but we have the right to see and hear what we want to because that is a right given to us by the constitution.
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|Agreed... it is about time! "The goal is to prevent Internet distribution of copyrighted material." So in order to prevent said distribution the FCC, MPAA and the goons at the RIAA would prevent you from recording ANYTHING for any reason. That's like going to a gun manufacturer and requiring that they install a premanent trigger lock on every gun because someone out there might do something illegal with one that works. You are presumed guilty and allowed no way to prove yourself innocent. I'm glad to see someone finally stood up to these un-American proposals.
Anyway... haven't they learned yet that ANY scheme they come up with will be defeated by some hacker, probably before it ever sees the light of day in consumer devices? Yeah I know... their answer is to make that illegal too. Next they will want to implant a monitor to see if you're humming a copyrighted tune, or replaying last night's episode of "The Simpson's" in your head! Here come the "Thought Police!"
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|They have no right to regulate tv or radio.
Um, what planet are you from?
First off, no one in the Federal government gives a rat's a** about the Constitution anymore, now that interpretation of what it says has become and improvisational art.
Second, and more importnat, TV and Radio use _public_ airwaves. Congress, and by extension, the FCC, have every right to rule on how a limited public resource is utilized. Maybe you've noticed that the FCC doesn't regulate cable. Did you ever wonder why?
Don't forget... Freedom of Speech does not imply Freedom to Be Heard. It's not the same thing. The government does not owe you a forum in which to express your ideas. Sorry.
That said, ruling this stupid broadcast flag down is a good thing, even though I'm sure it would have been cracked even before it was in use. Let the **AA execs buy Congressmen like everyone else has to do. Let them futilely try to stuff the genie back into the bottle while running roughshod over Fair Use. They'll lose in the end regardless... I just wish they wouldn't make us consumers lose too.
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