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Court yanks down FCC's broadcast flag (News.com)

News.com reports that a Federal appeals court has tossed out the broadcast flag regulations. "'The broadcast flag regulations exceed the agency's delegated authority under the statute,' a three-judge panel unanimously concluded. '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 full ruling is online in PDF format.
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Court yanks down FCC's broadcast flag (News.com)

Posted May 6, 2005 17:32 UTC (Fri) by JoeBuck (subscriber, #2330) [Link]

The ruling just says the FCC exceeded its authority, not that the broadcast flag is unconstitutional or anything.

Expect a bill reinstating the broadcast flag to be introduced in Congress very soon.

Court yanks down FCC's broadcast flag (News.com)

Posted May 6, 2005 19:13 UTC (Fri) by tapeworm (guest, #19787) [Link]

OTOH boingboing believes this won't be so easy:

"The next move here is that the studios will take this to Congress and try to get a law passed to make this happen. No chance. They got ZERO laws passed last year. This year the best they've been able to accomplish is making it slightly more illegal to videotape movies in the theatre."

http://www.boingboing.net/2005/05/06/vtv_day_we_won_the_b...

i hope so.

Court yanks down FCC's broadcast flag (News.com)

Posted May 6, 2005 19:20 UTC (Fri) by mepr (subscriber, #4819) [Link]

I also hope so. Feature creep means that it only takes one incremental law every 5 years, or even 50 (or certainaly 10, as seen with copyright, increased from 14 years to effectively infinity years) to have a massive impact.

Court yanks down FCC's broadcast flag (News.com)

Posted May 7, 2005 1:16 UTC (Sat) by flewellyn (subscriber, #5047) [Link]

With this Congress, and this President, zero legislation passing is a GOOD thing.

Court yanks down FCC's broadcast flag (News.com)

Posted May 7, 2005 11:12 UTC (Sat) by jcm (subscriber, #18262) [Link]

Yup. But in some ways I'd actually like to see them debating this in Congress for hours and hours and hours. At least then, they can waste time doing something useless rather than making the world a worse place for those of us outside the continental US (although I live on a major outlying US island - the UK).

Jon.

Court yanks down FCC's broadcast flag (News.com)

Posted May 7, 2005 17:11 UTC (Sat) by frazier (subscriber, #3060) [Link]

The DMCA and Sonny Bono Act both were signed by Clinton in October of 1998.

Zero legislation passing with that President and Congress would have been a good thing then too. Had they done nothing, things that should have expired into public domain that should have and it would be legal to have a Linux distribution with DVD playback in the USA.

Here's the vote for the DMCA in 1998:
http://www.senate.gov/legislative/LIS/roll_call_lists/rol...

Notice the political split by party... ...there isn't one.

People with party affiliations need to bark back at their own parties about these issues rather than point fingers to the other side. It's a two party problem, and it's way more constructive to fix the problem on the inside than to yell from across the street.

Court yanks down FCC's broadcast flag (News.com)

Posted May 7, 2005 6:17 UTC (Sat) by beejaybee (guest, #1581) [Link]

Good news from the US for a change.

Of course we could do with a lot more...

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