There is of course a chance that a court will determine that the
broadcast flag is improper and rule against (thanks in part to the
hard work our friends at EFF are doing).  I have talked with one of
the FCC Commissioner's counsels who told me he believes the FCC
actually probably lacks jurisdiction to regulate IP related matters
without a clear mandate from Congress (which is missing here).  This
was somewhat encouraging as his boss did vote for the flag, but
nevertheless, it is a hard road to overturn this decision, though not
impossible,

-- 
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