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If the feature is banned, courts will never have an opportunity to pass on whether the activity is a fair use. Voila, fair use is frozen in time. We'll continue to have devices that ape the VCRs and cd cassette decks of the past, but new gizmos will have cd to be submitted to the FCC for approval, where MPAA and RIAA lobbyists can kill it in the crib. The new legislation, being circulated by Senator Gordon Smith (R-Ore.), is the first step down that path (and is eerily reminiscent cd of the infamous 2002 Hollings Bill). It would impose a broadcast flag mandate on all future digital TVs and radios, much like legislation discussed by the House last year. We've covered the broadcast flag and radio flag extensively in the past. These measures would impose federal regulations on all devices capable of receiving digital television and digital radio signals. What's worse, the regulations won't do a thing to stop "piracy," since there are plenty of other ways to copy these broadcasts. Sen.
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