A federal appeals court may have struck down the broadcast flag this past Friday (check out Demystifying the Broadcast Flag for some background on all this), but you don't seriously think a little something like a court decision is going to stop the alliance of broadcasters and movie studios that pushed the FCC into adopting the rule in the first place, do you? The industry has been threatening for years to halt all over-the-air high-def broadcasts unless the government mandates some sort of broadcast flag to prevent massive online piracy of their programs, so if the FCC can't give them what they need, it only makes sense that they'd seek help from yet another government body sympathetic to their cause: the United States Congress. Remember that the court didn't make a decision either way about the legality of the flag, they only overturned it because they believed that the FCC had overstepped its authority, not because the broadcast flag itself was illegal or unconstitutional. So now the National Association of Broadcasters and the Motion Picture Association of America are gearing up to get Congress to enshrine the broadcast flag as law, something which would make it a lot harder to overturn in court.
Broadcasters and movie studios look to Congress to save the broadcast flag
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