FCC to rule the World! Not.

[Viin]

I don't know if anyone has been following the whole Broadcast Flag thingy, but there's an article at The Register that's interesting:

Link to Article (yesterday, 23 Feb 2005)

The coming of the Broadcast Flag has lead many people to create their own PVR (Personal Video Recorders) using programs such as MythTV and M$ Media PC software. (Been looking to make an HD PVR myself).

Anyways, article follows:

The US Federal Communications Commission (FCC) overstepped its authority by requiring devices capable of receiving digital TV broadcasts to recognize data called a 'broadcast flag' that can prevent copying, a federal judge has said.

US Circuit Judge Harry Edwards told the FCC that it had "crossed the line" when it required DRM technology to be included in all DTV devices on sale in the USA from 1 July. This would include TVs, set top boxes, PC tuner cards, VCRs, DVD players, and similar devices.

The FCC argued that its ancillary powers authorize it to regulate the reception of broadcasts, not just their transmission. While Congress did not authorize the Commission to regulate the proper designs of the devices, it also didn't expressly forbid it, which FCC takes as a license to issue specifications.

"Ancillary does not mean you get to rule the world," judge Edwards observed.

Judge David Sentelle wondered if FCC thought it could regulate washing machines, since Congress didn't expressly forbid that, either.

In response to FCC whining that without adequate DRM technology, digital broadcasts would be limited, Judge Sentelle noted that, while this might be regrettable, it is not the FCC's responsibility. "It's going to have less content if it's not protected, but Congress didn't direct that you maximize content," he said.

Unfortunately, there is a legal detail here that might moot the whole issue. Judge Sentelle noted that the plaintiffs, largely consumer and library groups, might not have standing to make a complaint against FCC unless they can show how the regulation causes them specific harm.

So it is entirely possible that the complaint will be shut down on a technicality. On the other hand, if it is not, the broadcast industry has additional appeals to mount, and, if finally thwarted in the courts, can always resort to lobbying Congress for the legislation it wants. Thus there is every possibility that American consumers will be stuck with broadcast flag-compliant devices in the near future.

Those thinking of buying DTV-related gear might want to make their purchases sooner rather than later, in hopes that some non-compliant devices are still available.

[Shockeye]

Not useless.

[Miasma]

The first thread to ever be upgraded instead of downgraded should get a prize of some kind right? Then if it slips into the den that prize could be viciously reclaimed. (I'm referring to moving from useless news up to general.)

As to the article that is very encouraging news.

[Abagadro]

Karen Finley should remake "Fuck the PMRC" and substitue FCC in there.

[tar]

I can't remember where I saw this link origninally, might have been here so this may be redundant but:

Eric Idle presents... The FCC Song.

[schild]

I can't remember where I saw this link origninally, might have been here so this may be redundant but:

Eric Idle presents... The FCC Song.

*tear* beautiful.

[Margalis]

It seems like the FCC has their hands in everything - except what is supposed to be their primary job.

[HaemishM]

The FCC has been taking advantage of the grey areas in its mandate caused by the introduction of new technologies for at least a decade now, if not more. These bastards are putting fingers in whatever pies they can get away with.

[Lum]

If you want to set up a PVR on a Windows machine, try out Beyond TV. I use it and it works pretty well. The Beyond Media addon adds things like DVD playing and plugins for things like Internet Radio and weather.

http://www.snapstream.com/

[shiznitz]

It is the nature of any bureaucracy to expand its area of influence until actively reined in by law.

[Hanzii]

If you want to set up a PVR on a Windows machine, try out Beyond TV. I use it and it works pretty well. The Beyond Media addon adds things like DVD playing and plugins for things like Internet Radio and weather.

http://www.snapstream.com/

I'm getting one of these to play with next week, so I'm looking for PVR software (that isn't MCE2005), so I'll try it out.

And Schild, thanks for the link. That song brought a tear to my eye (and made me remember who Idle apparently still is - all the US sitcoms made me doubt him...)

[Strazos]

I can't remember where I saw this link origninally, might have been here so this may be redundant but:

Eric Idle presents... The FCC Song.

Fan-fucking-tastic.