Did an iPod Scuttle the (Broadcast) Flag?

Wes Phillips takes an interesting look at the Senate Commerce Committee’s recent sausage making discussion regarding the “Broadcast Flags” – or “Audio Flag’s. These are essentially “takings” of our fair use rights via Hollywood special interests:

John Sununu (R-NH), an MIT graduate, questioned the necessity of the restriction. He said that advocates of the restriction maintained that its absence would “stifle creativity.” He demurred. “We have now an unprecedented wave of creativity and product and content development…new business models, and new methodologies for distributing this content. The history of government mandates is that it always restricts innovation…why would we think that this one special time, we’re going to impose a statutory government mandate on technology, and it will actually encourage innovation?”