Entertainment companies maintained that the rules were needed to keep people from making digital copies of movies and TV programs and then distributing them over the internet. The rules were opposed by librarians [PDF file] and consumer groups, who pointed out that they would prevent people from recording programs in ways that are legal under US copyright laws.
Today, a three-judge panel of the U.S. Circuit Court of Appeals in Washington, DC disappointed the entertainment industry by ruling [PDF file] that the FCC had overstepped its authority when it issued the anti-piracy rules.
The FCC acknowledged the agency never had exercised the authority to impose regulations affecting television broadcasts after such programs are beamed into households, but it maintained that was permitted by Congress since lawmakers didn't explicitly outlaw it.
"We categorically reject that suggestion," the appeals panel said.
The appeals decision will launch an aggressive lobbying effort by entertainment companies in Washington to persuade lawmakers to require new technology to enforce copyright protections.
Friday's ruling was no real surprise. During courtroom arguments, U.S. Circuit Judge Harry T. Edwards told the FCC it had "crossed the line" by requiring the new anti-piracy technology for next-generation television devices and rhetorically asked the FCC whether it also intended to regulate household appliances.
"You've gone too far," Edwards told the FCC's lawyer. "Are washing machines next?"
In other words, the entertainment industry is going to keep tossing money around until it gets Congress to give them the rules they want, now that the courts say the current ones are illegal. It's so wonderful to live in the US of A.
Via AP. Thanks to Paper Chase for some of the links.