[opendtv] News: Red-Flag Case Gets Green Light

  • From: Craig Birkmaier <craig@xxxxxxxxx>
  • To: OpenDTV Mail List <opendtv@xxxxxxxxxxxxx>
  • Date: Wed, 2 Jun 2004 07:36:46 -0400

Red-Flag Case Gets Green Light

By Bill McConnell -- Broadcasting & Cable, 6/1/2004 5:31:00 PM

A Federal Appeals Court in Washington, D.C., won't delay the case 
determining the fate of the Federal Communications Commission's 
"broadcast flag," despite a request by the agency to slow down. 

   A coalition of consumer activist groups and library associations 
have asked the court to strike down the FCC's mandate, which requires 
digital TV's and recording devices to honor codes producers can 
insert into programs to prevent retransmission over the Internet.

  The FCC asked the court to delay the case until the agency finished 
its own reconsideration of the rules. Broadcasters and Hollywood 
fought for the rules to protect high-definition movies and other 
digital content from unauthorized distribution. Opponents, however, 
say the restriction violates consumers' home recording rights and 
that the FCC has no jurisdiction to impose the rules.

  Holding the case in abeyance would have been a defeat for the 
consumer groups because the mandate kicks in July 1, 2005. That would 
likely not have been enough time for the court to restart its case 
after the FCC finishes its reconsideration, then come to a ruling 
before the kick-in date.

  Once the mandate is triggered, set makers won't want the expense of 
retooling production lines to remove flag technology even if the 
mandate was eliminated by judges, explained Public Knowledge 
President Gigi  Sohn. "Had the court decision gone the other way, the 
broadcast flag would have become the television standard regardless 
of the ultimate outcome of the case."

   
 
 
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