Broadcast Flag Mandate Outside The FCC's Authority
from the gone-too-far dept
This isn't over yet, but the news is trickling out that the Court of Appeals has decided today that the FCC had no authority to mandate the broadcast flag. It's likely that more details are forthcoming about the ruling (the initial Reuters report is just 3 quick paragraphs). This isn't all that surprising, given the statements made during the case. Once the court felt comfortable that those involved had standing, they seemed to agree that the FCC didn't have the right to tell consumer electronics makers how to build their equipment. It's likely, of course, that this case isn't done yet, and will be appealed upwards. It's also likely, given the way politicians work these days, that Congress may step in to try to change things and give the FCC these rights that they really shouldn't have. In the meantime, though, this is a victory for both fair use and the ability to innovate without having to ask permission first. Update: As expected, there's plenty of commentary on this one coming fast and furious. Ernest Miller has a good summary of key passages from the ruling.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
