Court rejects broadcast flag

By David
May 10, 2005

Infoworld has the following article on a recent legal setback for the entertainment industry:

Court tosses out FCC’s Broadcast Flag

In an opinion that is bound to stir fierce debate over television broadcast piracy protections, the U.S. Court of Appeals struck down the Federal Communications Commission’s “broadcast flag” regulation meant to set out anti-piracy guidelines as the country’s broadcast television stations switch to digital technology […]

Of course, that’s not the end of this saga. Indeed, as discussed in a Washington Post article yesterday, the broadcast flag fight now moves from the courts to Congress:

While some entertainment industry executives were coy about their strategy [following the court’s ruling], National Association of Broadcasters president and CEO Edward O. Fritts said that his organization was prepared to go to Congress.

“[…] We will work with Congress to authorize implementation of a broadcast flag that preserves the uniquely American system of free, local television.”

Expect broadcast flag opponents — energized by the court’s ruling — to be equally active on Capitol Hill.

(Also, for more on the context in which all this activity is taking place, see this recent post on Mike Godwin’s weblog.)