Freedom Phoenix : Radio Talk on the FCC lock down of Free Software (FSF's Josh Gay & Christopher Waid)

No, not yet. It'll follow any FCC rules and I'm not under the impression that its forthcoming immediately.

The rules are so illogical and irrational I can't really give a sane-sounding answer. It's illegal to 'market' a device that isn't recertified under the new rules. Now I doubt the FCC has the resources to enforce that to its extreme. However they could in theory enforce that selectively on say ThinkPenguin or Mini Free. But it's not *just* that. They could enforce that on random sellers on ebay too. 'market' could be as simple as posting a listing on craigslist, ebay, or even the Trisquel forum. These broad over-reactive style rules/laws is how we end up in a draconian society. Really we already live in one. One just has to encounter an adversary (ie a cop, irs agent, fcc person, or similar) and the 'justice system' will take them to the cleaners (financially, emotionally, and likely physically via incarceration regardless of innocent or guilt). The majority will not see it or ignore it because it's not effecting them. Or they'll grudgingly do it because they have no choice and just moan about it. Taxes are a great example of that.