Court questions FCC's broadcast flag rules
Fair use fans: take note
from 
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JoeUser Forums
From CNET's news.com.com site, headline is linked.
Court questions FCC's broadcast flag rules
Published: February 22, 2005, 9:13 AM PST
By Declan McCullagh
Staff Writer, CNET News.com
WASHINGTON--A federal appeals court on Tuesday sharply questioned whether the Federal Communications Commission has the authority to ban certain types of digital TV receivers, including peripheral cards, starting in July.
Two of the three judges on the District of Columbia Circuit panel said the FCC never received permission from Congress to undertake such a sweeping regulation, which is intended to encourage the purchase of digital TV receivers that curb Internet distribution of over-the-air broadcasts of programming such as movies and sports.
"You're out there in the whole world, regulating. Are washing machines next?" asked Judge Harry Edwards. Quipped Judge David Sentelle: "You can't regulate washing machines. You can't rule the world."
In November 2003, the FCC said that every product sold in the United States after July 2005 that can receive digital TV broadcasts or digital TV streams must be able to recognize a "broadcast flag." Such products--ranging from TV sets to computer tuners made by Elgato Systems and Hauppauge Computer Works--are permitted to deliver high-quality digital output only to devices that also adhere to the broadcast flag specification.
The groups challenging the FCC's broadcast flag regulation include the American Library Association, the Association of Research Libraries, the Medical Library Association, Public Knowledge and the Electronic Frontier Foundation. They argue that the FCC exceeded its authority, that Congress should be responsible for making copyright law, and that librarians' ability to make "fair use" of digital broadcasts will be unreasonably curtailed.
But one of the judges, Sentelle, suggested that the library and other nonprofit groups challenging the FCC's rule would not suffer the kind of particular harm necessary to allow the case to proceed.
I'm seeing that I am not a fan of Judge Sentelle, who apparently wants to be a stickler for who will bring the case and represent the interests of THE PEOPLE in this fight.
Regardless, I'm heartened that the Judges are considering that the FCC has probably over-stepped it's authority in making these broadcaster friendly rules.
Personally, I am in favor of more -- not less -- fair use. I should be able to record content for my (or my family's) own uses. I should be able to time shift content. I should be able to rewatch materials again and again. I should not be restricted from making copies for my use. I should not be restricted to only being able to watch the content during a shortened window that the broadcaster decides upon.
The FCC has been (for the most part) bought and sold by their friends in Hollywood, and this court action may start to correct the problem. Lets hope so at least!
Court questions FCC's broadcast flag rules
Published: February 22, 2005, 9:13 AM PST
By Declan McCullagh
Staff Writer, CNET News.com
WASHINGTON--A federal appeals court on Tuesday sharply questioned whether the Federal Communications Commission has the authority to ban certain types of digital TV receivers, including peripheral cards, starting in July.
Two of the three judges on the District of Columbia Circuit panel said the FCC never received permission from Congress to undertake such a sweeping regulation, which is intended to encourage the purchase of digital TV receivers that curb Internet distribution of over-the-air broadcasts of programming such as movies and sports.
"You're out there in the whole world, regulating. Are washing machines next?" asked Judge Harry Edwards. Quipped Judge David Sentelle: "You can't regulate washing machines. You can't rule the world."
In November 2003, the FCC said that every product sold in the United States after July 2005 that can receive digital TV broadcasts or digital TV streams must be able to recognize a "broadcast flag." Such products--ranging from TV sets to computer tuners made by Elgato Systems and Hauppauge Computer Works--are permitted to deliver high-quality digital output only to devices that also adhere to the broadcast flag specification.
The groups challenging the FCC's broadcast flag regulation include the American Library Association, the Association of Research Libraries, the Medical Library Association, Public Knowledge and the Electronic Frontier Foundation. They argue that the FCC exceeded its authority, that Congress should be responsible for making copyright law, and that librarians' ability to make "fair use" of digital broadcasts will be unreasonably curtailed.
But one of the judges, Sentelle, suggested that the library and other nonprofit groups challenging the FCC's rule would not suffer the kind of particular harm necessary to allow the case to proceed.
I'm seeing that I am not a fan of Judge Sentelle, who apparently wants to be a stickler for who will bring the case and represent the interests of THE PEOPLE in this fight.
Regardless, I'm heartened that the Judges are considering that the FCC has probably over-stepped it's authority in making these broadcaster friendly rules.
Personally, I am in favor of more -- not less -- fair use. I should be able to record content for my (or my family's) own uses. I should be able to time shift content. I should be able to rewatch materials again and again. I should not be restricted from making copies for my use. I should not be restricted to only being able to watch the content during a shortened window that the broadcaster decides upon.
The FCC has been (for the most part) bought and sold by their friends in Hollywood, and this court action may start to correct the problem. Lets hope so at least!