Court Blocks FCC's Broadcast Flags Rule

[Harry]

Court Blocks FCC's Broadcast Flags Rule
Friday, May 06, 2005

WASHINGTON — A U.S. appeals court on Friday threw out new federal rules requiring anti-piracy technology that would have limited how consumers could record and watch their favorite television programs in the future.

The U.S. Circuit Court of Appeals for the District of Columbia overturned rules by the Federal Communications Commission that would have required certain video devices to have technology to prevent copying digital television programs. The court said the FCC overstepped the authority given it by Congress.

The controversial rules were challenged by consumer groups, including library associations. They complained that the FCC requirement would drive up prices of digital television devices and prevent consumers from recording programs in ways permitted under copyright laws.

The technology, known as the broadcast flag, would have been required after July 1 for televisions equipped to receive new digital signals, many personal computers and VCR-type recording devices. It would permit entertainment companies to designate, or flag, programs to prevent viewers from copying shows or distributing them over the Internet.

Entertainment companies said the technology was needed to block viewers from recording shows and films and distributing them free online

 

[GaryPen]

Outstanding! Thank goodness for "activist judges" who keep our current corporate influenced government from becoming a wholly owned subsidiary of the NAB, not to mention the oil, pharmaceutical, timber, tobacco, etc companies.

 

[seandudley]

Great! Glad to hear it! Been hoping that broadcast flag junk would get struck down for a while now.

 

[seandudley]

If I remember right, the flags were not allowed to be used on over the air broadcasts, only on cable and satellite broadcasts, right? If they aren't able to do the copy protection on cable and satellite, then they won't be able to require the HDMI connections and the like, so maybe they won't be obsoleting my component input HDTV?

 

[ats7627]

Check out what NAB CEO Eddie Fritts had to say.

""Without a broadcast flag, consumers may lose access to the very best programming offered on local television. This remedy is designed to protect against unauthorized indiscriminate redistribution of programming over the Internet."

 

[Stargazer]

Man am I sure glad to hear this!!! Now when most shows become HD I will still be able to send those shows form the reciever to the computer and external hard drive for storing to record shows later on (pc hd dvr). They prevented a problem before one ever started.

 

[haertig]

"...consumers may lose access to the very best programming offered on local television."

I don't know, I've been disappointed with the network offerings ever since they stopped making new episodes of Gilligan's Island. Been all downhill since then...

 

[R-U-Q-R-U]

Outstanding! Thank goodness for "activist judges" who keep our current corporate influenced government from becoming a wholly owned subsidiary of the NAB, not to mention the oil, pharmaceutical, timber, tobacco, etc companies.

This was NOT an activist judge. He was actually acting as a judge should to reduce the power of government from intruding on our freedoms!

 

[noremac]

I agree. This was no activist judge action. Just the opposite IMHO. My satirical post on AVS:

Politics does indeed make the strangest bedfellows. Now that the Bushies couldn't find an "activist" judge when they needed one, "liberal" Hollywood will be beating a path to the neo-cons in Congress, who may have to temporarily put aside their "gay-bashing" agenda to help out, so that evil Joe Public guy out there in middle America won't be able to record (aka "pirate") a copy of his favorite sitcom. In the mean time, the Chinese (who practically already make everything we currently buy at Home Depot, Target, Best Buy) are the only ones who come out ahead.

 

[jpezz]

This was NOT an activist judge. He was actually acting as a judge should to reduce the power of government from intruding on our freedoms!

I agree. He simply stated that the FCC exceeded its authority. It had nothing to do with activism or liberal or conservative. Hopefully, the Supreme Court will agree.

 

[OoTLink]

Woohoo! That's awesome!

 

[MrCrawdad]

Possible Detractors....

Check out what NAB CEO Eddie Fritts had to say.

""Without a broadcast flag, consumers may lose access to the very best programming offered on local television. This remedy is designed to protect against unauthorized indiscriminate redistribution of programming over the Internet."

I sure hope they don't cancel my Aqua Teen Hunger Force and Robot Chicken.

 

[Pepper]

I don't know, I've been disappointed with the network offerings ever since they stopped making new episodes of Gilligan's Island. Been all downhill since then...

Looks like in general, as the technology gets better, the content gets worse.

 

[R-U-Q-R-U]

I sure hope they don't cancel my Aqua Teen Hunger Force and Robot Chicken.

Without Robot Chicken -- life is not worth living:shocked

 

[Altaman]

Check out what NAB CEO Eddie Fritts had to say.

""Without a broadcast flag, consumers may lose access to the very best programming offered on local television. This remedy is designed to protect against unauthorized indiscriminate redistribution of programming over the Internet."

Actually the way the broadcast flag is/was setup seems more of a way to stop people from recording to their DVR for later playback, not to protect against piracy. If piracy was the issue them you either let people record or you don't. What they don't want is to allow you to keep programming on your drive and watch it when you wish and however many times you wish.

The sky is falling scenario has been with us since the introduction of the VCR. We now have DVD recorders that can record shows and DVR's, some I believe that will let you archive off the original recording hardware. Everyone is still making money and lots of it. Movie studio's are making loads of cash off DVD's even with the capability to rip them. I know that I have more purchased DVD's now than I ever had with VHS. The small minority will pirate, but people will buy what they want. Also when I record to my 5900 (510 for Americans), I will watch some of the commercials, but no not all them. I don't care about tampon commericals (let the wife watch those) or Viagra (the wife seems quite satisfied, thank you )! I will watch commericals for movies, the new truck I would love to be able to afford and others. The recording function allows the viewer to bypass the commericals that are of no interest to them and they will watch interesting commericals that appeal to their wants/needs.

What also makes a case for archiving off a DVR is when companies like Dish provide a small amount of program space to record to. The 942 is a prime example only allowing 25 hrs of recording for HD programming. REcoard a couple football games, the tv sohws you want and ones other members of the household want and the thing can fill up FAST! Not allowing the drives to be upgraded is a prime reason for allowing archiving off the drive.

For over 20 years the consumer has been falsely labeled as a potential thief/pirate and the money keeps flowing into everyones coffers. The broadcast flag is another unneeded invasion into the consumers home.

Alt

 

[GaryPen]

This was NOT an activist judge. He was actually acting as a judge should to reduce the power of government from intruding on our freedoms!

Exactly. The type of judge currently being called "activist" by those yahoos in DC.

 

[AJF]

EXCELLENT post Alt . And I totally agree .

 

[haertig]

Actually the way the broadcast flag is/was setup seems more of a way to stop people from recording to their DVR for later playback, not to protect against piracy.

Agreed. Here is how the broadcast flag would affect some consumers (me, specifically).

The other day I saw K-19 was being broadcast. I had seen it before and liked it. Seeing the upcoming broadcast triggered me to go over to the video store and pay money to RENT the thing. For a better viewing experience. This despite the current capabilities to record, timeshift, and commercial skip a FREE broadcast with my DVR. Curtail these capabilities with a broadcast flag and tell me, WHY would I ever consider watching something being broadcast again? Thinking a broadcast flag will force me to watch advertisements I don't care about, at the times they want me to watch them, is just plain silly. I'll totally abandon their offerings, or rent/but instead. Net results? Zero advertising penetration for this consumer.