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Miscellaneous => Intellectual Property & Law => Topic started by: mobrien_12 on 7 May 2005, 05:51

Title: Broadcast Flag Nixed by US Circuit Ct. of Appeals.
Post by: mobrien_12 on 7 May 2005, 05:51

http://www.groklaw.net/article.php?story=2005050613105074#comments

The FCC was chastized for overstepping its bounds.  They have the right to regulate devices that transmit, not receive.

Title: Re: Broadcast Flag Nixed by US Circuit Ct. of Appeals.
Post by: skyman8081 on 7 May 2005, 06:48

It is an apellate court, I'm sure that it will be appealed at the SCOTUS level, where it will be firmly decided once and for all.  However, The supe's are not likely to take it, they only take cases of important constitutional value, and there is an existing precident.

In other words, the SC is likely to uphold the decision if appealed to them.

Title: Re: Broadcast Flag Nixed by US Circuit Ct. of Appeals.
Post by: Orethrius on 7 May 2005, 08:30

Things like this prove that our justice system *can* work if given half a chance (and decent attornies ;)).