Federal appeals court strikes down Broadcast Flag
posted May 6th 2005 1:25PM
In what is a fairly major victory for consumers, the U.S. Court of Appeals in Washington D.C. today struck down
FCC's Broadcast Flag rule, aimed
at preventing piracy of movies and digital TV content (peep
Demystifying the Broadcast Flag for the backstory). They
said the FCC "exceeded the scope of its delegated authority" with the rule, which would have gone into effect by July
1, forcing TV set manufacturers to start using the technology in their boxes. The three-judge court panel said they
could find nothing in the statute indicating that Congress meant to provide that kind of sweeping authority to the FCC,
so it looks like the MPAA is out in the cold on this one. We're bracing ourselves for the resulting tantrum.
[Thanks to all of you who sent this in]
Of course, it will now just go to congress, who will have no trouble passing a proper version of the flag. (And by "proper", I just mean one that won't get struck down.)
It's kind of a hollow victory.
even if there is a mandatory black flag implemented, Im sure there will be a 'magical' black box to by pass it for consumers worried about there hi-def over component cables (analog) being downrezzed to standard def.
Woah Judicial Smackdown alert:
"You're out there in the whole world, regulating. Are washing machines next?" asked Judge Harry Edwards. Quipped Judge David Sentelle: "You can't regulate washing machines. You can't rule the world."
If only Judge Judy was this entertaining maybe I'd actually watch it. Broadcast flag free of course.
it will only go thru congress if we let it. at least in congress, there can be more debate than at the fcc. if you don't like these flag-like schemes, when the time comes, do something about it and call your rep / senator and tell them all the reasons its bad.
and sorry to whore for the organization (http://www.publicknowledge.org) i work for, but it doesn't hurt to support (http://www.publicknowledge.org/membership-drive-200504) the folks that are fighting the powers that be, all on a shoe string budget.
Just another sign that the real world thinks that the companies that the MPAA represents need to change their business model. But in loopy MPAA-land I am sure that a "just" holy war will be waged for this, or as you guys put it - the resulting tantrum.
It doesn't matter if this is legal or not. The same companies that own the movie companies own the electronics manufacturers. Whether the FCC regulates it or not, the broadcast flag will be present and will be acknowledged by all major electronics. Maybe Apex or some other Chinese off-brand will have sense enough to ignore the flag.
I can't imagine what argument the movie companies can put forth for this stupid flag. We didn't have broadcast flags in the 80s and the VCR didn't strangle the industry to death like a serial killer as Valenti predicted. Case closed. Making it possible for your users to enjoy your product actually doesn't destroy your market, it creates new ones. Whoda thunkit?
The FCC really needs new leadership. I'm sick of their regulations for things that don't need regulating.
#6: Lots of existing HDTV products will continue to ignore the broadcast flag, such as the pcHDTV card. Not all electronics manufacturers are owned by movie companies. :)
Hopefully this same judge will get to strike down the FCC trying to regulate Cable TV stations.
Is there any copy protection scheme that has not been broken? While some encryption and security systems make sense, ones that are "sitting targets", where people have lots of time to figure out how to crack 'em, are not really barriers. They just divert money to those with the skill to break the codes.
Even Sony isn't going to put a mandatory broadcast flag in electronics if nobody else is doing it. It costs money to add complexity and they'd have to add the ability to turn it off or nobody would buy their stuff. They're not that stupid - if this holds up (i.e. congress doesn't make their own rule), this thing is DOA.
Yes! Our courts are FINALLY useful for something more then modeling the latest in judicial fashions! Woot! After *YEARS* of letting a corrupt congress and big money corporations pass SWEEPING laws taking away our rights, we, the people of the United States of America, FINALLY WON ONE! YAAAHOOOO!!!!! We can keep recording TV without getting Cyber-jacked by the Man!
Wait a second, I need to do a little dance... Ya, Do a Little Dance, Make a little Love, get Down tonight!
Now all we need is the complete and total OVERTURNING of the Digital Millennium Copyright Act! Suck it down Film Studios! Eat it RIAA! The time of judgment is at hand! Literally! Hahahahahah!!!!