Public Knowledge – Broadcast Flag Court Challenge
Well, it’s more than TIVO fans, it’s anyone who uses electronics. The FCC’s broadcast flag has been shot down by the US Court of Appeals! This is a major victory for libraries as it strengthens the fair use doctrine of the copyright law — ALA, AALL, Medical Library Assn, Special Library Assn etc filed the lawsuit along with Public Knowledge and others. The broadcast flag would’ve required future digital television (DTV) tuners to include DRM technologies.
From the opinion (PDF):
The insurmountable hurdle facing the FCC in this case is that the agency’s general jurisdictional grant does not encompass the regulation of consumer electronics products that can be used for receipt of wire or radio communication when those devices are not engaged in the process of radio or wire transmission.
Here’s some background on the broadcast flag from wikipedia. The Electronic Frontier Foundation also has some in-depth information.
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