James Delahunty
23 Feb 2005 8:30
The U.S. Court of Appeals for the D.C. Circuit said that regulators have overstepped their authority by imposing a rule they say would limit TV piracy on the Internet. "You crossed the line," Judge Harry Edwards told a lawyer for the Federal Communications Commission (FCC) during arguments before a three-judge panel. "Selling televisions is not what the FCC is in the business of," Edwards said. The decision sides with critics who claim rule dictates how computers and other devices should operate.
Under the FCC rule, manufacturers of TV sets and other devices would have to build in systems to recognise a "broadcast flag" that would tell the device when content has to be protected against unauthorized copying. The rule stated that all new devices must contain such a system by July 1st this year. Critics claim that if the FCC rule was to go ahead, it could set a bad precedent by allowing broadcasters to dictate how computers and other devices should be built.
However, the judges also questioned about whether the American Library Association and other opponents had legal standing to challenge the rule in court so it's unclear whether the court will decide to would strike down the FCC's 2003 rule.
Source:
ABC