[opendtv] Re: News: FCC Takes Flak Over Flag
- From: "John Willkie" <johnwillkie@xxxxxxxxxx>
- To: <opendtv@xxxxxxxxxxxxx>
- Date: Wed, 6 Oct 2004 23:40:29 -0700
Tom, court cases aren't places for political spin, so Tivo is likely to be
irrelevant. Also, it may be headed to court, but that doesn't mean that
millions of units will be built in the mean time that don't permit
retransmission.
Speaking of cost, this is an issue that I have to deal with in my hardware,
since the latest and greatest will have a tuner, and will process (although
not output outside the box) elementary streams.
Also, don't hold your breath on your view prevailing in court. There is a
slim to none chance that the broadcast flag ruling will be overturned.
There aren't any free speech issues at play (the content is not owned by
consumers/viewers) and fair use is a defense in prosecutions/suits, not a
badge of honor to overturn a well-reasoned decision.
Also: please note, while I am selling equipment that implements the flag at
broadcast stations, I was not in favor of the ruling. But, I can live with
it. (Heck, it doesn't even apply to me personally, since I live a few
hundred meters outside U.S. jurisdiction.)
John Willkie
-----Original Message-----
From: opendtv-bounce@xxxxxxxxxxxxx
[mailto:opendtv-bounce@xxxxxxxxxxxxx]On Behalf Of Tom Barry
Sent: Wednesday, October 06, 2004 7:31 PM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: News: FCC Takes Flak Over Flag
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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