Since broadcast flags could be activated at any time, a viewer who often records a program might suddenly find that it is no longer possible to save their favorite show.
The GNU Radio project already successfully demonstrated that purely software-based demodulators can exist and the hardware rule is not fully enforceable.
The court stated that the Commission could not prohibit the manufacture of computer or video hardware without copy-protection technology because the FCC only has authority to regulate transmissions, not devices that receive communications.
While it is always possible that the Supreme Court could overturn this ruling, the more likely reemergence of the broadcast flag is in legislation granting such authority to the FCC.
On May 1, 2006, Sen. Ted Stevens inserted a version of the Broadcast Flag into the Communications, Consumer's Choice, and Broadband Deployment Act of 2006.
On May 18, 2008, News.com reported that Microsoft had confirmed that current versions of Windows Media Center shipping with the Windows family of operating systems adhered to the use of the broadcast flag, following reports of users being blocked from taping specific airings of NBC programs, mainly American Gladiators and Medium.
[citation needed] The DVB standards are commonly used in Europe and around the world (for satellite, terrestrial, and cable distribution), but are also employed in the United States by Dish Network.
fear that mandating DVB-CPCM will kill independent receiver manufacturers that use open source operating systems (e.g., Linux-based set-top boxes.)
Movies recorded before that point would still be available without flagging and could be copied freely, though as of 2015 those pre-2008 DVR units are well out-of-date or probably non-functional, and the pay-per-view concern is moot for all but special events, as nearly all satellite providers and cable providers have moved to more easily restricted video on demand platforms; pay-per-view films have been drawn down to non-notable content.