In a unanimous decision, the DC Circuit Court of Appeals tossed out the broadcast flag, the FCC rule that would have crippled digital television receivers starting July 1. The ruling came in ALA v. FCC, a challenge led by Public Knowledge and EFF.

The court ruled, as we argued, that the FCC lacks the authority to regulate what happens inside your TV or computer once it has received a broadcast signal. The broadcast flag rule would have required all signal demodulators to "recognize and give effect to" a broadcast flag, forcing them not to record or output an unencrypted high-def digital signal if the flag were set. This technology mandate, set to take effect July 1, would have stopped the manufacture of open hardware that has enabled us to build our own digital television recorders.

This is an extraordinary victory for fair use and innovation.