Court yanks down FCC's broadcast flag

[stiltman]

In a stunning victory for television buffs and hardware makers, a federal appeals court has tossed out government rules that would have outlawed many digital TV receivers and tuner cards starting July 1.

The U.S. Court of Appeals for the D.C. Circuit ruled Friday that the Federal Communications Commission did not have the authority to prohibit the manufacture of computer and video hardware that don't have copy protection technology known as the "broadcast flag." The regulations, which the FCC created in November 2003, had been intended to limit unauthorized Internet redistribution of TV broadcasts.

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http://news.com.com/Court+says+FCCs+broadcast+flag+is+toast/2100-1030_3-5697719.html?tag=nefd.top

[lordsmurf]

FCC ...

Courts ...

Looks like common sense has prevailed.

[adam]

Hmmm... Kinda misleading thread title though. It doesn't prohibit use of the broadcast flag. Inclusion of the flag was always optional anyway by the broadcasters. It does "yank down" the rules which would force hardware manufacturers to support the flags. Even assuming the this case is never overturned or rendered moot by another entity, who actually does have authority to impose the rules, the broadcast flag will still be used and there will still be devices that block that content.

[edDV]

I hope the next step is to remove encryption from the HDMI connector and to allow Y,Pb,Pr outputs on HD DVD players.

[rfielder]

Hmmm... Kinda misleading thread title though. It doesn't prohibit use of the broadcast flag. Inclusion of the flag was always optional anyway by the broadcasters. It does "yank down" the rules which would force hardware manufacturers to support the flags. Even assuming the this case is never overturned or rendered moot by another entity, who actually does have authority to impose the rules, the broadcast flag will still be used and there will still be devices that block that content.

What good is the flag, if you can purchase hardware the ignores the flag?

Sounds like a knock out blow to me.

[stiltman]

Hmmm... Kinda misleading thread title though.

Yeah and CNET changed the title at least 3 times so far too

[adam]

What good is the flag, if you can purchase hardware the ignores the flag?

Sounds like a knock out blow to me.

It very well may be no good, but it could also be that enough hardware manufacturers do include the techology that the flag still accomplishes its general purpose. Most people don't want to buy two of everything, so just because hardware exists that can get around some protection doesn't mean that the device they want and choose will have that feature.

Look at Macrovision. Up until it was made mandatory by the DMCA, it was in effect for years being entirely optional on the part of hardware manufacturers. It was still a pervasive form of protection.

I'm hoping the broadcast flag disappears and never returns...I just don't think its going to go away that easily.

[MOVIEGEEK]

Two words:Fair Use
This broadcast flag would make older Tivo and other PVR's worthless.

[Gurm]

I've been saying this forever, it seems - the FCC has been overstepping the bounds of its mandate for years now. It's about time someone bitchslapped them.

[edDV]

I've been saying this forever, it seems - the FCC has been overstepping the bounds of its mandate for years now. It's about time someone bitchslapped them.

The record flag is being driven by Hollywood and their allies in Congress more than the FCC.

[pchan]

I've been saying this forever, it seems - the FCC has been overstepping the bounds of its mandate for years now. It's about time someone bitchslapped them.

The record flag is being driven by Hollywood and their allies in Congress more than the FCC.

Special interest groups and campaign financing is the root cause. The DVD region code is a good example. Dividing the globe into several region... divide and conquer strategy. Maybe in the future there is will be chip in everyone's head that sends a signal : illegal copy = boring !

[kirpen]

Who wants to bet that congress steps in within the next 12 months to change the law?

[BJ_M]

http://www.nytimes.com/2005/05/06/technology/06cnd-tele.html?ei=5065&en=d3112e78e35d1c...rint&position=

[Tom Saurus]

I hope the day doesn't come that I can't record and watch later what is on TV.

I think what I will do if that day comes, I will cancel every premium channel I have, and probably the rest of my programing I pay for. Just watch what is available on Antenna, and save for cheap DVD of movies and TV Shows. I think it is grossly unfair that if one cannot record a movie off TV, that the prices of Movie and other DVD's will remain high or climb even higher.

I think that the whole Pirated Movie thing would just dry up and blow away if the Entertainment Industry would cut prices. I think every movie unless it is just been released should drop to 6 dollars max. I think if prices were reasonable the vast majority of people wouldn't bother downloading movie wherever they find them on the net. I don't think one can do as good a job as Hollywood at making DVD's.

It makes one wonder how Hollywood has access to blank DVD's that are atleast 8 GB in size that are reliable and at a cheap price and the consumer doesn't. Dual Layer is what we are offered and it is so expensive you would be far better off purchasing a Hollywood DVD to begin with.

What hurt's alot about the Internet Companies that sell DVD's and other items, they only want to deal with those who have credit cards. Some poor smuck like me who would willing send the money in a money order, to buy a movie and wait for them to send it, just gets told, we only want Credit Card Customers. So "E Commerce" is something that is not available to everyone.

I am Canadian and I think this "Broadcast Flag" stuff could be implimented here too, especially if a more Bush friendly Government comes to power.

[bugster]

It makes one wonder how Hollywood has access to blank DVD's that are atleast 8 GB in size that are reliable and at a cheap price and the consumer doesn't. Dual Layer is what we are offered and it is so expensive you would be far better off purchasing a Hollywood DVD to begin with.

Bit of a threadjack, but you need to learn the differences between burnt and pressed media.

[Steve Stepoway]

Who wants to bet that congress steps in within the next 12 months to change the law?

Not me. My mother didn't raise a complete idiot. Guaranteed that within 12 months congress will give the FCC the authority to require the broadcast flag. Sorry rfielder, not even close to a "knock out blow".

[SilverBlade]

[quote="What hurt's alot about the Internet Companies that sell DVD's and other items, they only want to deal with those who have credit cards. Some poor smuck like me who would willing send the money in a money order, to buy a movie and wait for them to send it, just gets told, we only want Credit Card Customers. So "E Commerce" is something that is not available to everyone.[/quote]

Its because of the amount of bouncing checks they receive from idiots who don't know and HOPE the money is there by the time the cheque is cashed. They ruin it for everyone who is smart enough to make sure the money is there even before they send the cheque. Quite unfair if you ask me, but its their loss, they loose my business. I go to a local rental store because they don't require a credit card.

[somebodeez]

I hope the day doesn't come that I can't record and watch later what is on TV.

...I think that the whole Pirated Movie thing would just dry up and blow away if the Entertainment Industry would cut prices...

If that day comes, I think that will drive "piracy" up even more.

I think that the whole "pirated" movie thing would just dry up and blow away (or at least drop significantly) if the Entertainment Industry would learn to give the people what they want, when they want it and how they want it. (do away with the region controlling, forget the broadcast flag, do away with DRM etc). as well as give better prices.

[ZAPPER]

Don't freak out everyone! If you can veiw it at home you will be able to copy... err... backup... err ... timeshift or whatever you want to do with it at home. It may end up being illegal as hell and may require opening up your electronics to do it, but you will be able to do it.

I still say that given time and future advances in technology we will have movies on demand. It only makes sense that the industry will move in this direction to capitolize on the tech and the market. There is no benifit in not allowing movies to be seen or sold to the consumer. When the tech allows movies to be picked from a huge data base and downloaded quickly to the consumer at a price the market will bear, we will all be watching pay per veiw and talking about the good old days when we used to have to go out and rent a tape. Granted there are us that still like to hold and own our very own copies, and if these copies are not available cheaply and legal then there will be the pirates. The sooner that the industry figures this out the better off we will be. By creating a product and supplying the market the industry will make money, wasting it on lobbiest will only eat into the profit and the laws will get less and less strict as the tech gets better.