Last month, the Federal Appeals Court in DC seemed skeptical about both sides in the case concerning the broadcast flag. The judges questioned whether or not the FCC had the authority to impose the broadcast flag, while also wondering why the groups challenging the broadcast flag (the American Library Association, Public Knowledge and others) had any standing, since they weren't directly harmed by the flag. The latest news is that the judges are now focusing on the latter question to determine if there even is a case at all. It's a bit surprising that those fighting against the flag didn't rope in at least some consumer electronics maker to explain how they would be harmed by the flag -- but it could spell procedural trouble for the challenge to this legal mandate.