US to FCC: "Quit Being Dicks!"

A few years ago, the Federal Communications Commission tried to force use of the "broadcast flag" on the manufacturers of any device that could theoretically play copywrite-protected media. The broadcast flag is a bit of code that could block recording, copying, uploading, file-sharing of certain media, such as music and television shows by devices like a Tivo or PC.

The FCC claimed they had the ancillary right to force this content-protection standard on manufacturers because -- get this -- lawmakers had never told them they didn't have this power, so they could basically do whatever the hell they wanted.

Groups such as the American Library Association, the Association of Research Libraries, the Medical Library Association, Public Knowledge and the Electronic Frontier Foundation argued that the FCC could not, in fact, do whatever the hell they wanted.

Today, a US Federal Appeals Court told the FCC to eat a dick. "Ancillary does not mean you get to rule the world," [U.S. Circuit Judge Harry] Edwards said. He said the FCC "crossed the line" beyond its authority approved by Congress. "You've gone too far," he said. "Are washing machines next?"

Another circuit judge, David Sentelle, agreed. Sentelle acknowledged entertainment companies could be reluctant to broadcast high-quality movies or TV shows that can't be protected against copyright violators but said that wasn't the FCC's problem.

"It's going to have less content if it's not protected, but Congress didn't direct that you have to maximize content," Sentelle said. "You can't regulate washing machines.

"You can't rule the world."Of course, the FCC is going to appeal the ruling, but for now consumer devices are safe from the restriction.

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