November 06, 2003

Broadcast Flag - fighting it with Open Source

Down deep in the FCC ruling on the Broadcast Flag is the key to effective tech fighting of it (my emphasis):


Although we believe that our adoption of a flag-based redistribution control system for digital broadcast television will further the digital transition and ensure the continued flow of high value content to broadcast outlets, further comment is needed on several issues. ...

In response to our Notice of Proposed Rulemaking, EFF questioned the impact of a flag based regime on innovations in software demodulators and other DTV open source software applications.138 The Commission has actively promoted the development of software defined radio and other software demodulators as important innovations in the digital age.139 We seek further comment on the interplay between a flag redistribution control system and the development of open source software applications, including software demodulators, for digital broadcast television.

This is the wedge which can be used to throw a monkey-wrench into the works (forgive that sentence). Or at least try.

By Seth Finkelstein | posted in copyblight , security | on November 06, 2003 03:29 AM (Infothought permalink) | Followups
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Perhaps there already is a loophole - the exemption for export items only. Write your open source code ... just so long as it is for "export" only:

Posted by: Ernest Miller at November 6, 2003 01:01 PM

I'm leery of that, as possibly too-good-to-be-true.

Who knows what other regulations cover export?

Posted by: Seth Finkelstein at November 6, 2003 01:10 PM