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May 6, 2005
Libraries Win a Stunning Court Victory
CNET News is reporting that a panel of the D.C. Court of Appeals today unanimously struck down government rules requiring television and other hardware makers to include copy protection in their units.
Last November, the FCC issued rules requiring manufacturers to include technology that recognized a broadcast flag. The American Library Association, among others, sued the Commission saying the rules sharply curtailed the fair use of copyrighted materials. The Court agreed, stating that the FCC did not have the statutory authority to regulate hardware that was not engaged in transmission. The case is American Library Association v. FCC, 04-1037. The opinion is at http://pacer.cadc.uscourts.gov/docs/common/opinions/200505/04-1037b.pdf
Mark Giangrande, DePaul Law Library
May 6, 2005 in Court Opinions | Permalink
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» "The Court agreed ..." from Conservator
In fact, the text of the decision states (p.11): "On the merits, we hold that the FCC lacked statutory authority to impose the broadcast flag regime. Therefore, we grant the petition for review *without reaching petitioners' other challenges* to the ... [Read More]
Tracked on May 6, 2005 3:29:28 PM
