[mythtv-users] Broadcast flag thrown out

Brad Templeton brad+myth at templetons.com
Fri May 6 17:36:10 UTC 2005


On Fri, May 06, 2005 at 11:56:07AM -0400, Brian J. Murrell wrote:
> On Fri, 2005-05-06 at 08:34 -0700, Wendy Seltzer wrote:
> > The DC Circuit has ruled in our favor, unanimously throwing out the 
> > FCC's broadcast flag -- the rule that would have prevented pcHDTV and 
> > Air2PC from making HDTV tuner cards in the US after July 1.
> 
> Nice.
> 
> > Next, we'll have to stop the MPAA from going to Congress to get it back.
> 
> So was it the MPAA that got the FCC to require a broadcast flag?
> 
> Was the FCC just the short easy path to it (assuming it worked) and now
> Congress is yet another avenue available to them but just more
> difficult?
> 
> What avenues are next?  How many avenues are there?  When will the
> madness finally be put to rest with no hope of resurrection?
> 
> Will the DC Circuit's ruling help in any way in stopping something like
> this from going through Congress?

As a sign of opposition and hurdles.  The ruling in this case was that
the FCC didn't have the power to make this regulation, because congress
didn't give it that power.   Congress has a great deal more power, if
it can be convinced.

Though of course its power is not unlimited.  These are the technologies
of speech and communication, and there are free speech implications
which bind congress.

But in this case there was a far simpler path to glory.  The FCC is
empowered to regulate interstate communications.  This doesn't apply
to the insides of your PC unless your PC is sitting on the state line.


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