Did The FCC Go Out Of Bounds In Setting Up The Broadcast Flag?
from the fighting-back-while-it's-still-possible dept
While a number of organizations have been very vocal about their opposition to the broadcast flag, it seemed likely that things would have to wait before any lawsuits came about. However, a group of those who have been fighting to stop the broadcast flag from going into effect and taking away fair use rights from users, has now claimed to the US Appeals Court that the FCC acted without authority in setting up the Broadcast Flag. The argument is that the FCC has the mandate to regulate our airwaves, but not what people can do with content once it’s left the airwaves and reached their televisions (or other consumer electronics products). It’s an interesting legal argument, but with so many people believing that (for some unclear reason) the entertainment industry needs extra protection and can’t figure out its own business models, it may be a tough case to win.