[mythtv-users] Broadcast flag thrown out

Gabe Rubin gaberubin at gmail.com
Sat May 7 05:26:41 UTC 2005


To answer some questions:
An appeal is permissable, and I expect one soon.  They could even ask
for a rehearing en banc, but I doubt that would be fruitful for them. 
This case was decided on a doctrine that had been considered dead
until a few years ago, non-delegation.  This same court had a similar
analysis a few years in a case involving environmental regulations
that the EPA promulgated (it is actually pretty funny when you think
about it that most of the same constituencies that abhored that
decision, will likely applaud this one).  The Supreme Court reversed
the DC Circuit on that, holding that the EPA had acted properly within
their authority.  But I suspect that with the language of the Eldred
decision, and potentially what happens with the Grokster case that the
Supreme Court may decide that IP law is best left up to Congress and
not agency rulemaking.  It will be real interesting if the Supreme
Court upholds a non-delegation decision, and would, I believe, be the
first time they did so since the Lochner era cases (1920s).

More to the point, the interests that want this will definitly push
hard through Congress.  I personally doubt they can get the
legislation pushed before June, but who knows.  They are probably
kicking themselves that they did not try to attach this to the
copyright bill that just passed and was signed into law a few weeks
ago.  Nevertheless, I would not be suprised if it gets attached to an
appropriation bill.  Significant legislation gets put in those, and it
could be part of the FCC approps bill, and done in conference where no
one will get a chance to even know about it.

But the good news is there is a reprive, albeit, potentially
temporary.  Bravo to ALA, PK, and EFF!  I will now pore over this
decision.


More information about the mythtv-users mailing list