Fantastic news from Boing-Boing and the EFF: The Broadcast Flag has been ruled illegal.
For those who haven’t been following this story – the FCC had made a ruling that by the end of this year all digital TV equipment (i.e. your HDTV, Cable Box, Tivo, etc) must allow the broadcaster to prevent you recording the material you watch. In other words, the networks could, whenever they like, stop you being able to record this week’s Alias because you’re going to be out that night. Under their ruling it would be illegal to sell any recorder which ignored this flag, or any device to try and defeat it.
For the last year or so the EFF and others have been fighting this insane restriction, arguing that it would restrict our fully legal right to “time-shift” broadcasts (i.e. tape something to watch later) and unfairly takes control of devices we own. In a great victory in the US Court of Appeals this morning, they won. The court essentially stated that the FCC doesn’t have the power to introduce such a rule:
“In the seven decades of its existence, the FCC has never before asserted such sweeping authority. Indeed, in the past, the FCC has informed Congress that it lacked any such authority. In our view, nothing has changed to give the FCC the authority it now claims.”
I’d strongly encourage everyone to show their support for the EFF by making a contribution. The good work they do for us all is extremely important.
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