[Discuss-gnuradio] FCC's broadcast flag struck down in federal court

[bernieS]

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.

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