EFF has just filed its reply comments in the digital radio broadcast flag docket at the FCC. My cow-orker Fred von Lohmann was in rare form with these, savaging the RIAA's goofy ideas about breaking the record button on tomoprrow's digital radios.
The RIAA's biased and blinkered account of "copyright policy" cannot obscure the fact that copyright law expressly approves of digitalaudio home recording devices (including devices like the DAB receiver/recorder) and their noncommercial use by consumers.8 There isno copyright policy "gap" here for the Commission to fill, even if the Commission had the jurisdiction to do so. Where Congress has legislatedwith specificity, it is not for the Commission to countermand its legislative scheme.
