The EFF is suing the FCC over the Broadcast Flag.

The brief argues that the FCC has no authority to regulate digital TV sets and other digital devices unless specifically instructed to do so by Congress. While the FCC does have jurisdiction over TV transmissions, transmissions are not at issue here. The broadcast flag limits the way digital material can be used after the broadcast has already been received. “Bowing to a group of copyright holders led by the MPAA, the FCC promulgated a rule drafted by those corporate interests that will dictate design aspects of a vast array of consumer electronics – televisions, DVD recorders, TiVos, digital VCRs, iPods, and cell phones – for years to come,” the brief reads.

ALA legislative counsel Miriam M. Nisbet said, “Two years ago Congress passed a law allowing for use of copyrighted works for distance education. Yet now the FCC through the broadcast flag would prevent schools from using an entire category of those works — high definition television programs — in distance education.”

Filing the brief along with EFF, PK, and the ALA were the Association of Research Libraries, American Association of Law Libraries, Medical Library Association, Special Libraries Association, Consumer Federation of America, and Consumers Union.

This is a great thing to see. and I’ll continue to publish other links that cover it, such as Boing Boing. Building a HDTV HTPC is a priority for me, along with getting the basement done. With pcHDTV’s out of stock on Linux HDTV cards, it will be interesting to see if I can get this done in time. I firmly believe the Broadcast Flag is an evil, evil thing. I want to record the shows I want to, when I want, without the government interfering.

Actions like this make me proud to be a Pioneer level member of the EFF.