As previously feared, the Broadcast Flag was not introduced as an amendment to an otherwise-unrelated appropriations bill. (C|Net News | Senate Punts on Broadcast Flag Option). EFF has more and thanks their supporters (The Flag Dies -- Again).

Will there be other sneaky attempts to get the Flag into law? Of course. That's what lobbyists are paid to do. As a friend in Washington said, "It's that whole eternal vigilance thing, I'm afraid."

But the hotter the topic becomes, the harder it becomes for Hollywood to push. And as time goes on, and more and more Americans have digital televisions and other media devices, the angrier they'll become if what they're accustomed to -- time-shifting, open-source media software, and fair use -- is threatened.