[Top][All Lists]
[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
[Discuss-gnuradio] FCC's broadcast flag struck down in federal court
From: |
bernieS |
Subject: |
[Discuss-gnuradio] FCC's broadcast flag struck down in federal court |
Date: |
Fri, 06 May 2005 12:47:10 -0400 |
good news on the legality of GNUradio software and the USRP board. let's
hope this isn't overturned on appeal.
-bernieS
Court says FCC's 'broadcast flag' is toast
By Declan McCullagh
http://news.com.com/Court+says+FCCs+broadcast+flag+is+toast/2100-1030_3-5697719.html
Story last modified Fri May 06 08:10:00 PDT 2005
In a stunning victory for television buffs and hardware makers, a federal
appeals court has tossed out government rules that would have outlawed many
digital TV receivers and tuner cards starting July 1.
The U.S. Court of Appeals for the D.C. Circuit ruled Friday that the
Federal Communications Commission did not have the authority to prohibit
the manufacture of computer and video hardware without copy protection
technology known as the "broadcast flag." The FCC's regulations, which it
created in November 2003, had been intended to limit unauthorized Internet
redistribution of TV broadcasts.
"The broadcast flag regulations exceed the agency's delegated authority
under the statute," a three-judge panel unanimously concluded. (Click here
for a PDF of the decision). "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."
Under the FCC rules, starting in July digital TV tuners manufactured would
have had to include copy-protection technology--called the broadcast
flag--that's backed by the Motion Picture Association of America. The
broadcast flag limits the TV recipient's ability to redistribute video
clips made from the recorded over-the-air broadcasts.
Friday's ruling represents a sizable setback for the MPAA, which had
lobbied for the broadcast flag rules and had intervened in the lawsuit to
defend them. It's also a reprieve for makers of HDTV sets, PC tuner cards,
and USB and Firewire tuners--which will no longer have to redesign their
products to comply with FCC rules.
In January, the advocacy group Public Knowledge filed suit against the
FCC's broadcast rules, arguing that the regulations would sharply curtail
the ability of librarians and consumers to make "fair use" of copyrighted
works and would curb interoperability between devices.
One result of Friday's ruling is that, if upheld on appeal, the fight over
digital TV piracy will return to Capitol Hill. The court noted that the FCC
"has no power to act" until "Congress confers power on it" through enacting
a law explicitly authorizing the broadcast flag.
Copyright ©1995-2005 CNET Networks, Inc. All rights reserved.
- [Discuss-gnuradio] FCC's broadcast flag struck down in federal court,
bernieS <=