Comments on: A big slapdown for the FCC (and maybe another coming?)

By: Commons Music

Commons Music — Sun, 08 May 2005 21:47:51 +0000

Speaking of shifting the battle to the legislature, Commons Music is doing that as we speak:

By: Adrian Lopez

Adrian Lopez — Sat, 07 May 2005 18:32:33 +0000

It would be a shame if congress granted the FCC such authority. As far as I'm concerned the FCC's attempt to force the broadcast flag upon consumers constitutes an attempt to regulate copying, a form of authority that properly belongs to congress and not to the FCC. Certain regulatory powers should remain in congress and not be delegated. The FCC's authority should be narrow and should serve the public rather than broadcasters and copyright holders.

I suspect copyright holders will lobby congress to impose such restrictions by law, and I fear that a challenge against such legislation would not succeed (consider what's happened -- or not happened -- to the DMCA). I hope I'm wrong, but I don't have much faith in the courts anymore.

By: lessig

lessig — Sat, 07 May 2005 10:58:23 +0000

that’s exactly where the battle will — and ought to — shift.

By: David

David — Sat, 07 May 2005 09:49:11 +0000

Correct me if I'm wrong, but afaik the decision was due to matters of form (FCC lacks authority to regulate to the extent it tried to). But, although this is a good thing(tm) for the short term, it would be simple enough to 1) confer such authority from the legislative level or 2) do the same thing by law. Don't you think this is the most likely outcome?

By: Adrian Lopez

Adrian Lopez — Sat, 07 May 2005 02:05:02 +0000

Awesome! It makes me very happy to hear this. Congrats!

By: lessig

lessig — Fri, 06 May 2005 21:20:32 +0000

Corrected. And btw: not a Dr., just a lawyer.

By: Asheesh Laroia

Asheesh Laroia — Fri, 06 May 2005 20:33:58 +0000

Dr. Lessig gave the wrong donation URL for Public Knowledge. This is the right one.