May 18, 2005

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• I was under the impression from keeping up with this, mostly via Cory Doctorow at Boing Boing and his podcast interview with Make Magazine, that the courts told the FCC that they couldn't do such a thing. This impression is strengthened not only by Smo's . but also by your 'More general information' link.
• Thanks to an FCC ruling, as of July 2005, it will be illegal to manufacture or import DTV tuners unless they include DRM technologies mandated by the FCC. In a unanimous decision, the DC Circuit Court of Appeals tossed out the broadcast flag. (from your last link.)
• That was my understanding, sorry I wasn't clear about the second link.
• Ach, this is exactly what I did not need to see on MoFi as I was taking a work break...from my thesis on the regulatory implications of the broadcast flag in Canada (which means I've been examining what the US has done as well). I would try to add more information but I'm at the stage of research where everything is insanely boring and typing it out makes me want to cry. Just a quick note is that the MPAA is going to try its luck with Congress and is preparing draft legislation, although observers will note that prior attempts to work through Congress were unsuccessful. Also should keep your eye on what's going on with WIPO, where what's essentially a flag by any other name may be created in the new Broadcast Treaty. The EFF's page is good for background, though if you want a really good (although with Canadian content) FAQ, written by a friend of mine at a place I worked [huge self-link warning, in other words], try CIPPIC's site. Very clear stuff.
• Er, I realized afterwards that I didn't mean to imply this was a bad post, just that it's disconcerting to see your current topic of research pop up on the site where you go to goof off from said research. :)
• the MPAA is going to try its luck with Congress Luckily, our republican congress would never sell out to a large corporate organization like the MPAA.
• As for now, it looks like we're somewhat safe from the broadcast flag, but the MPAA is draftinglobbying for legislation which explicitly permits the FCC to do just what the court said it couldn't, which effectively delays the implementation of the broadcast flag just long enough that I may be able to afford a 1080p that's DRM-free before we all have to subscribe to every bit of media out there. I'm sure the publishing industry would have LOVED to charge you each time you read their book, and now that it's within the grasp of the electronic media, you bet they'll pull all the stops to implement that.