The U.S. Supreme Court overturned a ruling Monday that
required cable operators to open up their high-speed
Internet lines to rivals.
The decision is a big victory for the Federal Communications
Commission and major telecommunications companies, including
Charter Communications, Time Warner Cable and SBC Communications.
On the losing side are small Internet service providers,
including Earthlink, and a host of local governments.
I find the popular media's coverage on the Supreme Court lacking. (Although the brevity is convenient.) Here <http://www.supremecourtus.gov/opinions/04slipopinion.html> is the straight dope on *both* of today's opinions that affect nanoggers.
R079; No. 04-480; 6/27/05. One who distributes a device with the
object of promoting its use to infringe copyright, as shown by clear
expression or other affirmative steps taken to foster infringement,
going beyond mere distribution with knowledge of third-party action,
is liable for the resulting acts of infringement by third parties
using the device, regardless of the device's lawful uses.
R080; No. 04-277; 6/27/05. The Federal Communications Commission's
conclusion that broadband cable modem companies are exempt from
mandatory common-carrier regulation under the Communications Act of
1934 is a lawful construction of the Act under /Chevron U. S. A.
Inc./ v. /Natural Resources Defense Council, Inc.,/ 467 U. S. 837,
and the Administrative Procedure Act.