[mythtv-users] Broadcast flag thrown out

Brian J. Murrell brian at interlinx.bc.ca
Fri May 6 17:13:01 UTC 2005


On Fri, 2005-05-06 at 12:00 -0500, Lane Schwartz wrote:
> On 5/6/05, Brian J. Murrell <brian at interlinx.bc.ca> wrote:
> > Will the DC Circuit's ruling help in any way in stopping something like
> > this from going through Congress?
> 
> After reading the court's decision, I would say no - Congress could
> still re-instate the flag.
> 
> The court basically said that the FCC does not have the authority to
> mandate the broadcast flag. That is, Congress has never granted the
> FCC the authority required to mandate the flag.

Indeed.  I think more in the direction of would this ruling at least
help to bias in our favour, i.e. precedent setting or anything of the
sort.  Seems like it does not.  Seems like it makes no decision on the
actual flag itself just that the FCC had no authority to impose it.

b.

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