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February 22, 2005

The debate over the broadcast flag moves to the courts tomorrow, as a Federal judge will hear a challenge to the Federal Communications Commission's mandate that all devices capable of receiving digital TV broadcasts made after July 1 obey the broadcast flag. That flag will be transmitted with the signal and will indicate that the broadcast is protected, meaning it cannot be transfered to non-flag-compliant devices and in some cases, not even recorded in the first place. The theory is that this would result in a major clampdown in the amount of broadcasts being shared over P2P networks.

Tomorrow's hearing comes from a lawsuit filed last March by the Electronic Frontier Foundation and other groups which argue that the FCC has no authority to create such requirements. Essentially, by creating the broadcast flag requirement, the FCC mandated the design of consumer electronics, which it typically only does after being directed to do by Congress. That was the case for closed-captioning and V-chips. In this case, the FCC acted on its own, with encouragement from the MPAA and broadcasters.

Via Ars Technica


Originally from Ars Technica, remediated by yatta on Feb 22, 2005 at 01:14 AM


Comments

i think that this is absolutely ridiculous and i think that you should try and find the balance amongst yourself and others. I want you to know that you have supporters here and everywhere. I will looking forward to your next show cast. thank you for listening!!!1

Posted by: barry malone at May 4, 2005 08:17 AM

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