FCC: why should the courts interpret copyright when we can regulate it?

Ernest Miller has posted a scathing, funny and right-on editorial about the FCC's ruling on technologies allowed under the Broadcast Flag:

Only the FCC has the wisdom to see what is necessary for copyright law to function properly. Courts should certainly not be permitted to interpret copyright law, they might decide that a device without DRM had substantial non-infringing uses and thus be free of regulation. The FCC sees through this ridiculous test and knows copyright needs stronger protection than that. Do the courts not see the devastation the VCR has wrought on Hollywood?

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