[opendtv] Re: News: FCC Takes Flak Over Flag

  • From: Tom Barry <trbarry@xxxxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Wed, 06 Oct 2004 22:30:34 -0400

Well, since this one is headed to court I guess we will find out if I'm 
wrong.  Hopefully they will also request testimony from Tivo stating how 
much extra it is costing them (and thus consumers) to attempt to 
accommodate Hollywood's repeated demands and foot dragging.

And it will certainly be back in court again if they attempt to regulate 
open source software radio.  Not to mention massive and popular civil 
disobedience.

- Tom

John Willkie wrote:
> You are wrong, but only to a point.  The FCC has the authority to say what
> kind of receiver you can or cannot build.  Period.
> 
> However, they've never used it, and are unlikely to, since it will deter
> innovation.
> 
> On the flag, I believe you to be wrong: the FCC CLEARLY has the authority to
> regulate what broadcasters transmit, and how receivers/tuners, etc have in
> them.  They only use this authority sparingly.  The CEA learned this --
> finally -- in the appeals court order that ridiculed their appeal, which
> sounds much like your beliefs.
> 
> It's not just the equipment that they have exclusive authority over, it's
> also the system of broadcasting.  In many decades of following them, the
> ONLY time I can recall them losing some of their claimed authority in this
> zone was in 1989, when cable must-carry (which had previously been approved
> by the Supremes) lost at the Supreme Court.
> 
> John Willkie
> 
> 
> 
> -----Original Message-----
> From: opendtv-bounce@xxxxxxxxxxxxx
> [mailto:opendtv-bounce@xxxxxxxxxxxxx]On Behalf Of Tom Barry
> Sent: Wednesday, October 06, 2004 4:33 PM
> To: opendtv@xxxxxxxxxxxxx
> Subject: [opendtv] Re: News: FCC Takes Flak Over Flag
> 
> 
> At the time I did not believe the broadcast flag would have made it
> through Congress to become law.  And I was very surprised the FCC would
> dare it in spite of the lobbying since I also do not believe they have
> the authority to say what kind of receiver I can or cannot build.
> 
> - Tom
> 
> 
> John Golitsis wrote:
> 
> 
>>They can whine and moan all they want, but if it is deemed that the FCC
> 
> doesn't
> 
>>have the jurisdiction to mandate the broadcast flag, the issue will simply
> 
> move
> 
>>to the government proper.  The end result will, more than likely, be the
> 
> same.
> 
>>----- Original Message -----
>>From: "Craig Birkmaier" <craig@xxxxxxxxx>
>>
>>>FCC Takes Flak Over Flag
>>>
>>
>>
>>
>>
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