2005-05-06, 07:38 PM
There was some concern on this forum about the FCC's proposed rulemaking that would require HDTV devices after July 1, 2005 to honor a "broadcast" (copy prevention) flag in transmissions.
According to press reports, the US Circuit Court of Appeals for the District of Columbia has ruled against the FCC in "American Library Association v. Federal Communications Commission". In the ruling the court said
According to press reports, the US Circuit Court of Appeals for the District of Columbia has ruled against the FCC in "American Library Association v. Federal Communications Commission". In the ruling the court said
Quote:"...Because the Commission exceeded the scope of its delegated authority, we grant the petition for review, and reverse and vacate the Flag Order insofar as it requires demodulator products manufactured on or after July 1, 2005 to recognize and give effect to the broadcast flag"It is unlikely that the FCC will appeal to the US Supreme Court. Because the court ruled that they exceeded their authority, the other possibility is that they will seek some sort of legislative authority from Congress. But that's likely to be hard to get.
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