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Broadcast Flag in Trouble
pdqlamb writes "USA Today reports an appeals court was not amused at the FCC's broadcast flag rule. Sounds like the judge bought into the argument that the FCC does not have the authority to dictate device design. The broadcast flag isn't quite dead yet, but at least it's in trouble."
Social security allows you to leach off of other people's kids.
"Clinton may have lied like Pinochio, but he balanced our checkbook."
Yeah, sure, you just keep believing that...
Maybe you should try reading a book like "Running on Empty", then maybe you will learn how BOTH parties put us in this mess.
If the appeals panel decides that the consumers groups can't contest the FCC requirements, it would dismiss the case regardless of any concerns about the anti-piracy technology
This may be a naive question, but if not the people affected by the FCC cannot challenge them, who the hell can?
This rocked me back on my heels:
"The FCC's lawyer, Jacob Lewis, acknowledged the agency never had exercised such ancillary power but maintained it was permitted by Congress since lawmakers didn't explicitly outlaw it."
Especially since the 10th amendment to the US Constitution says:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
Got that, FCC boy? If you're not explicitly given the power, you can't exercise it.
Lawyers! Damn their oily hides!
668: Neighbour of the Beast
Cute, but to the extent you're serious, you're missing the point. The FCC has no authority to regulate communications equipment in this way. Congress did not authorize them to do so. The FCC admits that. The FCC argues that since Congress did not prohibit them from making this kind of regulation, they are allowed to do it. The judge is pointing out that if they are allowed to regulate something as long as it's not explicitly prohibited to them, then logically they can regulate almost everything. They can regulate washing machines, as long as there's no law stating "The FCC may not regulate washing machines."
A Microsoft monopoly is not a free market. It's not restricted by the government, it's restricted by Microsoft.
Just as my "freedom" does not extend to me being allowed to kill you, actors in a free market should not be permitted to unduly restrict access to that market.
Why yes, I AM a rocket scientist!
The very *existence* of a corporation is regulated influence on the market. A corporation is a *legally-created* entity; absent the laws which allow them to exist, you'd just have a mass of individuals wholly liable for their actions.
That's something I rarely see free-marketers mention.
I am a lawyer (although litigation is not my area). The general rule is that standing to bring a case requires more than the generalized injury that all citizens suffer (The thinking goes that congress is charged with addressing that sort of generalized injury). If the courts find that consumer groups (weak - because we are all consumers - thus the injury is generalized) and libraries (stronger) don't have standing, then the most likely plaintiffs will be hardware manufacturers - who can point to added costs. Are there any manufacturers who have voiced opposition to the flag? If not a good plaintiff may be hard to find. Courts have held that in some cases - bascially no one has standing.