The EFF want to scupper the broadcast flag. Any devices created in advance of the regulation coming into effect, which can bypass the technical restrictions engendered by the broadcast flag, will still be legal afterwards. So the EFF are encouraging the creation of so many such devices with so many better features than technology that will be required to be approved, that the market for the latter will just not exist. This could be usefully called the Charles Nesson approach - don't complain about what "they" are doing to the potential of the technology, just gets lots of people using it creatively.

"Today, you can use any device you like with your television: VCR, TiVo, DVD recorder, home theater receiver, or a PC combining these functions and more. A year from now, when the FCC's broadcast flag mandate [PDF] takes effect, some of those capabilities will be forbidden.

Responding to pressure from Hollywood, the FCC has adopted a rule requiring future digital television (DTV) tuners to include "content protection" (aka DRM) technologies. Starting next year, all makers of HDTV receivers must build their devices to watch for a broadcast "flag" embedded in programs by copyright holders. When it comes to digital recording, it'll be Hollywood's DRM way or the highway. Want to burn that recording digitally to a DVD to save hard drive space? Sorry, the DRM lock-box won't allow it. How about sending it over your home network to another TV? Not unless you rip out your existing network and replace it with DRMd routers. Kind of defeats the purpose of getting a high definition digital signal, doesn't it?

The good news is this mandate doesn't take effect for another year. We have until July 1, 2005, to buy, build, and sell fully-capable, non-flag-compliant HDTV receivers. Any receivers built now will "remain functional under a flag regime, allowing consumers to continue their use without the need for new or additional equipment." [PDF] Any devices made this year can be re-sold in the future."