ALA Wins Broadcast Flag Suit
I previously blogged the Broadcast Flag Oral Arguments.
The decision is now out. The unanimous court found that the ALA had standing, and that the FCC overstepped its authority. A quick perusal turns up this gem:
Intervenor MPAA, which does challenge petitioners’ standing, [the FCC did not] argues that any injury suffered by the Libraries . . . will be “due solely to the independent . . . decisions of third parties not before this court.” . . . Thus in the MPAA’s view, redress for petitioners must come from the hardware manufacturers, not the FCC. This is a specious argument.
The MPAA tried to say that if the broacast flag hurts you, its because people aren’t manufacturing equipment that would be allowed for your special circumstance, and thats just too bad. The court rejected that. Good stuff.
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