[opendtv] Re: CGMS-A issues
- From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
- To: <opendtv@xxxxxxxxxxxxx>
- Date: Wed, 1 Mar 2006 12:17:35 -0500
Mark Schubin wrote:
> Well, what actually happened was the court said the
> FCC didn't have the unilateral authority to impose
> the broadcast flag but that Congress was welcome to
> do so (they haven't yet).
In case some might argue that FCC 03-273 becomes irrelevant, along with
all its stipulations, if it's never imposed, here is some of what the US
Court of Appeals is really worried about (Feb 22, 2005):
http://www.fcc.gov/ogc/documents/opinions/2005/04-1037-031505.pdf
What the courts are worrying over is that the broadcast flag might
impose copy restrictions when they are uncalled for. Beyond just private
home use, they are also worried about libraries and educational
institutions, and about the cost impact on CE devices.
So even if the clear quotes from FCC 03-273 might not apply, does anyone
want to bet whether the courts will allow copy prevention of content for
home use?
Bert
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