With the consumer electronics industry creating more and more devices for watching downloaded video, i.e. Video iPod, this section of legislation will never pass. I'll bet my iPod it'll never pass.
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Don't ever bet on what will pass through Congress and/or the Supreme Court. Remember that Prohibition passes Congress well enough to become a constitutional ammendment. The supreme court also gave us the Dredd Scott decision ages ago.
Congress already passed the DMCA and the SOny Betamax ruling was only a 5-4 decision.
Well, I'll bet on this one.
What consumer electronics manufacturer of video recorders or portable video playback units, or program content providers would be in favor of a law that severly reduces the market for their products by limiting the usability and content?
Video on demand, delayed viewing, and portable video is the future. In fact, it's the now, but it will become the predominant method of watching video programming before you can blink.
Lobbyists are most certainly working hard on legislators to prevent passage of this law.
So, I say it simply won't happen, and if it does, you can e-mail me and I'll send you my iPod.
I wish Congress would refrain from influencing market economics, and let the free market decide the course of innovation.