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- <li><em>date</em>: Sat May 14 10:06:27 2005</li>
- <li><em>from</em>: jimmyc at speedfactory.net (Jim Philips)</li>
- <li><em>in-reply-to</em>: <<a href="msg00284.html">[email protected]</a>></li>
- <li><em>references</em>: <<a href="msg00284.html">[email protected]</a>></li>
- <li><em>subject</em>: [ale] [Fwd: EFFector 18.15: Federal Court Scraps Broadcast Flag!]</li>
On Saturday 14 May 2005 01:44 pm, Geoffrey wrote:
> Yes! Now if we could only get the producers of television to produce
> quality programming.... :(
>
> -------- Original Message --------
> Subject: EFFector 18.15: Federal Court Scraps Broadcast Flag!
> Date: Fri, 13 May 2005 15:59:46 -0500
> From: EFFector list <editor at eff.org>
> Reply-To: EFFector list <editor at eff.org>
> Organization: EFF
> To: esoteric at 3times25.net
>
> EFFector Vol. 18, No. 15 May 13, 2005 donna at eff.org
>
> A Publication of the Electronic Frontier Foundation
> ISSN 1062-9424
>
> In the 331st Issue of EFFector:
>
> * Federal Appeals Court Scraps FCC's Broadcast Flag
> Mandate
> * Celebrate Victory Over the Broadcast Flag - Liberate
> Your TV on May 21!
> * EFF Gets Top Marks from Charity Navigator
> * MiniLinks (12): Hilary Rosen Laments Apple's DRM Strategy
> * Administrivia
>
> For more information on EFF activities & alerts:
> <<a rel="nofollow" href="http://www.eff.org/";>http://www.eff.org/</a>>
>
> Help EFF protect privacy, innovation, and free speech.
> Make a donation and become a member today!
> <<a rel="nofollow" href="http://secure.eff.org/support";>http://secure.eff.org/support</a>>
>
> Tell a friend about EFF:
> <<a rel="nofollow" href="http://action.eff.org/site/Ecard?ecard_id=1061";>http://action.eff.org/site/Ecard?ecard_id=1061</a>>
>
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
>
> * Federal Appeals Court Scraps FCC's Broadcast Flag
> Mandate
>
> Ruling Is a Victory for Innovation, Fair Use
>
> Washington, DC - In a landmark case, the US Court of
> Appeals for the DC Circuit last week struck down the
> "Broadcast Flag," an FCC rule that would have crippled
> digital television receivers beginning on July 1st.
>
> The Broadcast Flag rule would have required all digital
> TV receivers, including televisions, VCRs, and personal
> video recorders like TiVo, to be built to read signals
> embedded in over-the-air broadcast television shows that
> would place certain limitations on how those shows
> could be played, recorded, and saved. The sale of any
> hardware that was not able to "recognize and give
> effect to" the Broadcast Flag, including currently
> existing digital and high-definition television (HDTV)
> equipment and open source/free software tools, would
> have become illegal.
>
> EFF joined Washington DC-based advocacy group Public
> Knowledge and a coalition of library and consumer
> groups in fighting the rule in the courts. The coalition
> argued that the rule would interfere with the
> legitimate activities of technology innovators,
> librarians, archivists, and academics, and that the
> FCC exceeded its regulatory authority by imposing
> technological restrictions on what consumers can do
> with television shows after they receive them.
>
> The court agreed, ruling unanimously that the FCC
> overstepped its authority when it asserted control
> over the design of any device capable of receiving
> digital TV signals.
>
> "This case is a great win for consumers and for
> technology innovation. It's about more than simply
> broadcasting. It is about how far the FCC can go
> in its regulations without permission from Congress,"
> said Public Knowledge President Gigi Sohn. "Had the
> flag been implemented, Hollywood, acting through
> the FCC, would have been able to dictate the pace
> of technology in consumer electronics. Now,
> thankfully, that won't happen. While we recognize
> that the content industries may ask Congress to
> overturn this ruling, we also recognize that
> Congress will have to think very hard before it
> puts restrictions on how constituents use their
> televisions."
>
> Since the FCC announced the July 1st deadline, EFF
> had been encouraging consumers to beat the Broadcast
> Flag by purchasing HDTV receivers manufactured
> before the restriction, as well as teaching them
> how to use the hardware with free, open-source digital
> video recorder applications such as MythTV. Part
> of the education campaign was a daily countdown to
> the date when the Broadcast Flag was to take effect.
>
> "The clock will now stop," said EFF Special Projects
> Coordinator Wendy Seltzer, who led the campaign and
> organized nationwide HDTV "build-ins." "Now we can
> use the build-ins to celebrate the freedom to use
> innovative technology, rather than racing to beat a
> deadline for shutting it down."
>
> For this release:
> <<a rel="nofollow" href="http://www.eff.org/news/archives/2005_05.php#003556";>http://www.eff.org/news/archives/2005_05.php#003556</a>>
>
> Ruling:
> <<a rel="nofollow" href="http://www.eff.org/cgi/tiny?urlID=466";>http://www.eff.org/cgi/tiny?urlID=466</a>>
> (PDF)
>
> EFF campaign: "Join the Digital Television Liberation
> Front":
> <<a rel="nofollow" href="http://www.eff.org/broadcastflag/";>http://www.eff.org/broadcastflag/</a>>
>
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
>
> * Celebrate Victory Over the Broadcast Flag - Liberate
> Your TV on May 21!
>
> Want to make your television work for you? Build your own
> high-definition television personal video recorder (PVR)!
> We've beaten the Broadcast Flag - for now. Help us keep
> it from rising again by showing the potential of open
> hardware and software.
>
> Join EFF and friends for an HD-PVR build-in and victory
> celebration on Saturday, May 21, at the EFF offices in
> San Francisco. You bring a computer and HDTV tuner card,
> and we'll help you get it up and running as a PVR. We'll
> be installing MythTV, an open-source software package
> that lets your computer function like a TiVo in high-def,
> pause live TV, schedule recordings over the Web, and
> manage your media the way *you* want it.
>
> You're invited even if you're not building a PVR - come
> share some pizza, celebrate the victory, and learn more
> about the project!
>
> The Broadcast Flag has been lowered, but that makes the
> build-ins even more important. The motion picture
> industry and friends are rushing to Congress for
> similar "protection" (read, control). The more we can
> demonstrate the value of open hardware and software,
> the better we can help Congress to resist those
> demands and save our DTV!
>
> WHAT: EFF HD-PVR Build-in and Victory Celebration
> WHEN: 10 a.m. to 5 p.m. on Saturday, May 21. Pizza
> around noon (NY-style!)
> WHERE: EFF offices, 454 Shotwell Street, San Francisco
> (16th and Mission BART)
>
> RSVP to BuildYourTV at eff.org to give us a head count!
>
> Full invitation and details:
> <<a rel="nofollow" href="http://www.eff.org/broadcastflag/cookbook/buildin_20050521.php";>http://www.eff.org/broadcastflag/cookbook/buildin_20050521.php</a>>
>
> San Francisco Bay Guardian: "Build Your TV":
> <<a rel="nofollow" href="http://www.sfbg.com/39/22/cover_fcc.html";>http://www.sfbg.com/39/22/cover_fcc.html</a>>
>
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
>
> * EFF Gets Top Marks from Charity Navigator
>
> EFF is pleased to announce that we have received four stars
> - the highest rating, based on overall efficiency and
> organizational capacity - from Charity Navigator, the
> pre-eminent charity watchdog. We are proud to be recognized
> for serving our donors well.
>
> And there's also good news for our supporters in the UK: we
> are now registered via the Charities Aid Foundation.
>
> Support EFF today - you can be sure that your donation will
> make a difference in the fight for digital freedom!
> <<a rel="nofollow" href="http://secure.eff.org/support";>http://secure.eff.org/support</a>>
>
> EFF's profile @ Charity Navigator:
> <<a rel="nofollow" href="http://www.eff.org/cgi/tiny?urlID=467/";>http://www.eff.org/cgi/tiny?urlID=467/</a>>
>
> Charities Aid Foundation:
> <<a rel="nofollow" href="http://www.cafonline.org/";>http://www.cafonline.org/</a>>
>
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
>
> * miniLinks
> miniLinks features noteworthy news items from around the
> Internet.
>
> ~ Zappster
> Frank Zappa's "proposal" for a music download service -
> from 1983:
> <<a rel="nofollow" href="http://www.eff.org/cgi/tiny?urlID=471";>http://www.eff.org/cgi/tiny?urlID=471</a>>
> (Zappa.com)
>
> ~ Hilary Rosen Laments Apple's DRM Strategy
> The former president of the RIAA is mad that she can't
> play non-iTunes music on her iPod and can't convert
> other online music stores' files to work correctly
> on it. As Ernest Miller explains, that's the world
> Rosen helped create when she lobbied for the DMCA -
> an environment of restricted markets and outlawed
> interoperability tools:
> <<a rel="nofollow" href="http://www.eff.org/cgi/tiny?urlID=473";>http://www.eff.org/cgi/tiny?urlID=473</a>>
> (Copyfight)
>
> ~ Tell It, Brother
> USA Today's Andrew Kantor explains why striking down the
> Broadcast Flag was important: "[The] entertainment
> industry is trying to swing the notion of copyright
> entirely in their favor: to eliminate the idea of fair
> use entirely and substitute 'whatever we say you can
> do with it.' And that's why problems arise.":
> <<a rel="nofollow" href="http://www.eff.org/cgi/tiny?urlID=469";>http://www.eff.org/cgi/tiny?urlID=469</a>>
>
> ~ Big Brands Fund Spyware
> Not deliberately, perhaps - but the LA Times says ads for
> Mercedes and Travelocity are being spat out by some of
> the most pernicious adware:
> <<a rel="nofollow" href="http://www.eff.org/cgi/tiny?urlID=470";>http://www.eff.org/cgi/tiny?urlID=470</a>>
>
> ~ Baby Steps for Fighting Trolls
> Brenda Sandburg analyzes the latest modest legislative
> proposals to defend patent law against patent "trolls."
> She also reveals that Peter Detkin, who coined the term,
> now works for Nathan Myrhvold's Intellectual Ventures -
> a company that has itself been accused of trollishness:
> <<a rel="nofollow" href="http://www.law.com/jsp/article.jsp?id=1115370308794";>http://www.law.com/jsp/article.jsp?id=1115370308794</a>>
>
> ~ Good Patriot, Bad Patriot
> The American Bar Association is hosting a blog
> containing arguments for and against allowing
> the PATRIOT Act "sunset" provisions to expire. It's
> under a Creative Commons license, so you can re-use
> pieces for discussion and debate:
> <<a rel="nofollow" href="http://www.patriotdebates.com/";>http://www.patriotdebates.com/</a>>
>
> ~ REAL ID Passes
> Proponents tacked the REAL ID Act onto an Iraq
> military spending bill, guaranteeing passage. Now
> the US has a federal standard for identity cards
> - the de facto national ID system Americans have
> always rejected, for good reason. Noah Leavitt
> breaks it down at FindLaw:
> <<a rel="nofollow" href="http://writ.news.findlaw.com/leavitt/20050509.html";>http://writ.news.findlaw.com/leavitt/20050509.html</a>>
>
> ~ Observe WIPO Close-Up
> The deadline for public interest organizations to apply
> for "permanent observer" status with WIPO is this
> Sunday, May 15th. Earlier this year, WIPO tried to
> bar groups that hadn't obtained permanent observer
> status from discussions about the organization's
> future. Don't let administrative shenanigans tip
> the scales toward the intellectual property maximalists
> - make sure your group has the paperwork in on time:
> <<a rel="nofollow" href="http://www.wipo.int/directory/en/admission.html";>http://www.wipo.int/directory/en/admission.html</a>>
>
> ~ Thoughts on Fair Use for Australia
> Kim Weatherall with a great summary of the issues to
> consider if you're submitting comments to the
> Australian government on whether and how Australia
> should codify fair use:
> <<a rel="nofollow" href="http://www.eff.org/cgi/tiny?urlID=472";>http://www.eff.org/cgi/tiny?urlID=472</a>>
> (Weatherall's Law)
>
> ~ Meanwhile, Back at the Jihad
> The MPAA is filing lawsuits against people who provide
> BitTorrrent trackers that include metadata files on
> TV shows:
> <<a rel="nofollow" href="http://www.eff.org/cgi/tiny?urlID=468";>http://www.eff.org/cgi/tiny?urlID=468</a>>
> (CNET)
>
> ~ Licensing Complexities Kill Podcast
> According to this article, under ASCAP rules podcasting
> can't be classified as time-shifted streaming. That
> means that radio stations can't just switch to
> podcasting their broadcast shows, as podcast pioneer
> Infinity Radio belatedly discovered:
> <<a rel="nofollow" href="http://www.dahl.com/podcast/hiatus.asp";>http://www.dahl.com/podcast/hiatus.asp</a>>
>
> ~ What's Good for the Goose...
> Roger Dannenberg responds to RIAA President Cary Sherman's
> op-ed tarring universities for "irresponsible" use of
> Internet2 with a rebuttal calling the recording
> industry's own history of "monopolistic suppression
> of innovation" an irresponsible use of networks:
> <<a rel="nofollow" href="http://www.post-gazette.com/pg/05123/497993.stm";>http://www.post-gazette.com/pg/05123/497993.stm</a>>
>
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
>
> * Administrivia
>
> EFFector is published by:
>
> The Electronic Frontier Foundation
> 454 Shotwell Street
> San Francisco CA 94110-1914 USA
> +1 415 436 9333 (voice)
> +1 415 436 9993 (fax)
> <a rel="nofollow" href="http://www.eff.org/";>http://www.eff.org/</a>
>
> Editor:
> Donna Wentworth, Web Writer/Activist
> donna at eff.org
>
> Membership & donation queries:
> membership at eff.org
>
> General EFF, legal, policy, or online resources queries:
> information at eff.org
>
> Reproduction of this publication in electronic media is
> encouraged. Signed articles do not necessarily represent the
> views of EFF. To reproduce signed articles individually,
> please contact the authors for their express permission.
> Press releases and EFF announcements & articles may be
> reproduced individually at will.
>
> Current and back issues of EFFector are available via the
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>
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<li><strong><a name="00284" href="msg00284.html">[ale] [Fwd: EFFector 18.15: Federal Court Scraps Broadcast Flag!]</a></strong>
<ul><li><em>From:</em> esoteric at 3times25.net (Geoffrey)</li></ul></li>
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