Did The FCC Go Out Of Bounds In Setting Up The Broadcast Flag?
from the fighting-back-while-it's-still-possible dept
While a number of organizations have been very vocal about their opposition to the broadcast flag, it seemed likely that things would have to wait before any lawsuits came about. However, a group of those who have been fighting to stop the broadcast flag from going into effect and taking away fair use rights from users, has now claimed to the US Appeals Court that the FCC acted without authority in setting up the Broadcast Flag. The argument is that the FCC has the mandate to regulate our airwaves, but not what people can do with content once it's left the airwaves and reached their televisions (or other consumer electronics products). It's an interesting legal argument, but with so many people believing that (for some unclear reason) the entertainment industry needs extra protection and can't figure out its own business models, it may be a tough case to win.
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More Clueless EFF and ALA Comments
You could also argue that the V-Chip should be outlawed, too, because it limits usage after content has reached the set (although the ability to protect children may make it worthwhile).
Perhaps the EFF will say that Congress authorized those, but does anybody believe the EFF wouldn't fight Congress if they were creating legislation for a broadcast flag? The EFF is simply using a procedural argument as a delaying tactic.
The assertion that the FCC is preventing schools from using anything is ridiculous. I doubt that FCC will require the use of a specific broadcast flag; it will be the content owners or broadcasters who choose what level of rights to confer, not the FCC. You'd think somebody involved in the area of education would be more intellectually honest.Don't get me wrong; I'm not in favor of the broadcast flag. I timeshift a lot of shows on my Replay TVs and would hate to be prevented from doing that with future devices. I just hate the way the EFF and ALA go about things at times.
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Re: More Clueless EFF and ALA Comments
Now, in some cases, our rights may legitimiated be limited for sound reasons (e.g., your cable descrambler example). But letting the FCC declare those laws is allowing them too much power. Such rules must go through the proper channels of government to become valid laws.
A lot of the technicalities and procedures in the world of law are in place to protect us from people abusing their given powers. Although it often seems like nitpicking, lawyers have an obligation to uphold and challenge those technicalities.
But yeah, if this gets struck down, eventually the congress peoples will get around to make it a real law, so in the end, the EFF is only buying time.
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Re: More Clueless EFF and ALA Comments
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Re: More Clueless EFF and ALA Comments
The question is, do many libraries record video broadcasts and then loan those tapes out? If they do, that almost sounds like piracy. Buying a video and loaning it out is one thing; recording it off the air and loaning it out is another, especially as you can make as many copies as you want (without having to fight with copy protection).
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Re: More Clueless EFF and ALA Comments
to prevent schools from using the works in question. So, while the broadcasters may "choose what level of rights to confer", the FCC will certainly be involved in enforcing the broadcasters wishes and preventing certain uses.
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