Our views depend on our priorities and the information we receive
Snippet from EFFector Vol. 18, No. 38 November 4, 2005 (EFF's email newslist) below. The problem is that, while the FCC didn't have power to do this, Congress certainly does.
The
court case that killed the flag rested on somewhat different (and thankfully less creative, for the sake of appeal) grounds than the paper in the previous post on this blog, but the point there was still that the FCC lacked authority. If this gets through Congress there'll be no such available administrative law challenge, and future VCRs (like your TiVO and the DVR box from the cable co.) will probably not be able to record programs if the monolithic media industry doesn't want them to. One more step in taking culture out of the citizenry's hands.
The only remaining challenge I can see would be a 1st amendment argument under Eldred v. Ashcroft (see Ginsberg's admission of such a cause of action in the paper posted prior to this one). Which I would bless if I were a judge...I wonder what the new conservatives on the court would think. They don't seem to be
too corporatist, do they? We just dunno yet.
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* Action Alert: Horror Triple Bill for Digital Technology
This Thursday, the heads of the MPAA and RIAA presented to
the House Subcommittee on the Courts, the Internet, and
Intellectual Property their plans for the future of digital
technology. They gave the House drafts of three bills they
would like passed: the Analog Content Protection Act, the HD
Radio Content Protection Act, and the Broadcast Flag
Authorization Act. These proposed laws are truly a horror
triple bill.
For high-definition television (HDTV), the MPAA demands every
receiver must have, and obey, their broadcast flag. For new
radio technologies, the RIAA will restrict you to recording
radio shows for a minimum of 30 minutes, for a maximum of 50
hours. And all analog to digital video conversions will be
forced to watch for, and obey, a concealed signal, refusing
to digitize any image that contains a key watermark.
If any one of these provisions passes, it would be disaster
for you and for innovation.
Visit our Action Center, and warn your representative of what
Hollywood's horror bills would do to the digital future!
More info:
EFF Analysis: Halloween on the Hill
The MPAA's Analog Hole Bill:
The RIAA's HD Radio Bill:
The Broadcast Flag Bill:
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