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brendan
PostPosted: Fri May 06, 2005 10:05 am 
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http://www.washingtonpost.com/wp-dyn/co ... 00539.html

Code:
Court Blocks TV Anti-Piracy Tech Rules

By TED BRIDIS
The Associated Press
Friday, May 6, 2005; 11:54 AM

WASHINGTON -- A U.S. appeals court on Friday threw out new federal rules to require anti-piracy technology that would have limited how consumers could record and watch their favorite television programs in the future.

The three-judge panel for the U.S. Circuit Court of Appeals for the District of Columbia determined the Federal Communications Commission had exceeded its authority when it announced it would require such technology in digital televisions and other consumer electronic devices sold after July 1.

...


-brendan
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ceenvee703
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PostPosted: Fri May 06, 2005 10:24 am 
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Posts: 1637
Location: Virginia, USA
So, although this is certainly great news, the big question is what the entertainment companies will do next. I doubt they'd appeal this to the Supreme Court, so they'll likely lobby Congress pretty hard for legislation that effectively brings the broadcast flag back. They've already claimed they'll take their ball (i.e. hi-def programming) and go home if it's not protected somehow.

What I don't get is, if the FCC overstepped their bounds by requiring hardware that recognized the broadcast flag, why was it NOT considered overstepping their bounds when they required hardware that contained a V-chip?
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mk500
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PostPosted: Fri May 06, 2005 11:36 am 
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Joined: Sun Apr 18, 2004 2:58 pm
Posts: 79
Location: San Francisco, CA
IANAL, but

I think the V-chip was requested by congress, and the broadcast flag started at the FCC. The ruling seems to be saying that the FCC overstepped it's bounds.

This is a GREAT victory, but now we have to see what congress does, and I'm not super optimistic.

ceenvee703 wrote:
So, although this is certainly great news, the big question is what the entertainment companies will do next. I doubt they'd appeal this to the Supreme Court, so they'll likely lobby Congress pretty hard for legislation that effectively brings the broadcast flag back. They've already claimed they'll take their ball (i.e. hi-def programming) and go home if it's not protected somehow.

What I don't get is, if the FCC overstepped their bounds by requiring hardware that recognized the broadcast flag, why was it NOT considered overstepping their bounds when they required hardware that contained a V-chip?
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