Broadcast Flag. Is it Legal in US and Canada?

[InXess]

According to this site and ALA vs. FCC suit its status is a least unclear but seems to be rather illegal then anything else (for now) to have it implemented in the consumers equipment at this moment. Am I misreading the situation?


sources:

http://www.eff.org/IP/broadcastflag/

as well as this:

http://www.pcworld.com/article/id,114649-page,1/article.html

excerpt:

...
Quick Flag FAQ


So what can you do when the broadcast flag gets activated? Here are answers to common questions about the technology:

Q. Can you still copy your favorite program, so you don't have to watch it at its scheduled time?

A. Yes.

Q. Can you copy it to a DVD?

A. Yes. Even if you stored it on a hard disk first, you should still be able to transfer that content to a single DVD--and possibly make a back-up copy, but that will depend on the specific restriction given to your recording device by the flag. I wouldn't count on lots of backups.

Q. Can you then copy that DVD for a few hundred of your closest friends?

Q. No. Not only is the flag likely to prevent that, but also existing copyright law prohibits that level of reproduction.

Q. Can you legally invite a few friends to watch the DVD you made of your favorite show?

A. Sure, as long as you don't charge admission.

Q. Can you legally play that DVD on your PC or your notebook when you travel?

A. Yes--that still counts as personal use, and you're not making multiple copies. However, if you recorded the DVD with a device that recognizes the flag, you won't be able to play it if your PC and notebook DVD drive can't read the flag.

Q. Can you legally transfer that episode from your networked personal video recorder to a peer-to-peer network to be accessed by millions of impatient freeloaders who can't wait for their local syndicators to get it?

A. No, precious. That's what they call piracy. And the flag is supposed to remove that temptation from your path.

Q. Can you legally transfer that episode from your networked PVR to another TV or recorder in your own home?

A. Maybe. The FCC isn't clear on that, although the ruling does allow for that possibility. It's only supposed to affect indiscriminate, widespread redistribution (read: via peer-to-peer). There seems to be no outright guarantee, however, that the glorious, easy-to-use home entertainment network promised by consumer electronics and computer vendors alike--the network that lets video and music content get shuttled around seamlessly from your living room DVD recorder to your upstairs TV to your PC in the office to your stereo in the den--will actually be possible.

Q. Do I have to get new equipment?

A. That's practically guaranteed. You should be able to view flagged content on legacy equipment (as long as that equipment can handle digital signals), and you'll still be able to record that content on your VCR. However, if you buy a DVD recorder or a new TiVo device that recognizes the flag--as they're all supposed to do by mid-2005--and use it to record your favorite episode, you probably won't be able to play that disc back on older DVD players. In other words, once you've recorded it with a device or medium that sees the flag, that content is locked to devices that can't see the flag.

Q. Will every program be flagged?

A. Nope. That's up to the individual content provider. Pay-per-view content will likely have the most restrictions, and older reruns less--maybe even none. One curiosity: News programs probably will be flagged, even though there is no syndication issue with them and timeliness is, clearly, of the essence.

The Motion Picture Association of America and the Center for Democracy and Technology offer their own broadcast-flag-specific FAQs. As you might imagine, their views differ somewhat. (On its Web site, the CDT offers both a Cliff's Notes version of its broadcast flag proposal and a more in-depth report.)

For more on digital media do's and don'ts, see "Consumer Watch: To Copy or Not to Copy."
...

[InXess]

I did more research in the meantime and it seems that there are no laws in Canada mandating BF. Also, all manufacturers have obligation to make sure that such equipment like DVD recorders is in compliance with Canadian laws.
Seems FCC mandate to impose BF in US has been rejected by the appeals court as per ALA vs. FCC mentioned above.
It looks like we all are the victims of some overzealous MPAA (and alike) defiance.