Re: [Discuss-gnuradio] Broadcast flag: FCC and MPAA Response Briefs

[James S. Tyre]

"In sum, because the rules promulgated by the Flag Order
regulate demodulator products after the transmission of a DTV
broadcast is complete, these regulations exceed the scope of
authority Congress delegated to the FCC. And because the
Commission can only issue regulations on subjects over which
it has been delegated authority by Congress, the rules adopted
by the Flag Order are invalid at the threshold jurisdictional
inquiry."

American Library Association v. FCC, No. 04-1037b, D.C. Cir Court of 
Appeals, May 6, 2005
http://pacer.cadc.uscourts.gov/docs/common/opinions/200505/04-1037b.pdf

At 04:12 PM 4/13/2005 -0700, John Gilmore wrote:
> The American Library Association, EFF, and others challenged the FCC's
> authority to regulate equipment beyond the receive tuner, in its broadcast
> flag ruling.  (The "flag" order requires that the tuner not provide
> its signal to equipment that would let consumers simply record the signal.)
>
> The court issued a letter questioning ALA's and EFF's standing to
> challenge the order.  Standing is a legal doctrine that controls who
> is permitted to file suits; you have to be affected and not just
> be a bystander.  EFF and ALA submitted a brief and declarations that
> detail how we and our members are affected and have standing.
>
> FCC's and MPAA's responses just came in; here they are, courtesy of
> EFF attorney and DTV Liberation Front organizer Wendy Seltzer:
>
>   http://wendy.seltzer.org/media/fcc-flag-supp.pdf
>   http://wendy.seltzer.org/media/mpaa-flag-supp.pdf
>
> Some of the earlier documents are here:
>
>   http://www.publicknowledge.org/issues/bfcase
>
> More background is here:
>
>   http://www.eff.org/IP/Video/HDTV/
>
>         John


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James S. Tyre                                      address@hidden
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Co-founder, The Censorware Project             http://censorware.net
Policy Fellow, Electronic Frontier Foundation     http://www.eff.org