Fans of municipal community networks were dealt a blow by a Supreme Court decision last month in Nixon v. Missouri Municipal League. The Supreme Court found that Congress needed to be more explicit in preempting the states when it said “the states shall not prevent any entity from offering telecom services” as part of the 1996 Telecom Act. Odd as it may seem to speakers of the English language, I think the Supremes may have got this one right.
Author: Harold
Tales of the Sausage Factory: Back From Vacation for West Wing Shout Out
Tales of the Sausage Factory: Of Open Access, Kicking Butt, and Why Arbs Don't Know Jack
The Ninth Circuit has given us another win in the fight to make cable plants open their facilities to independent ISPs (aka “open access” ). Winning feels good, especially when you predicted it over the odds given by the “experts”. The experts here are the industry analysts and arbitrageurs (or “arbs” ). What does it mean, and why are the experts so often wrong? See my opinions below.
Tales of the Sausage Factory: Korn Rebellion — But Will The Revolution Be Televised?
Korn has put out a new, very indecent (for language only)video protesting the current state of the music business. Oddly, it is no longer downloadable from the Korn Website. Hmmmmm……
Tales of the Sausage Factory: Update on Loh
A quick update on the indecency fight at KCRW, the station that fired Ms. Loh for her unfortunate use of the F-word. Not a big deal, but the station feels Ms. Loh has unfairly turned on them. Read the press release here.
Stay tuned . . .
I'm Doin' a Speakin' Tour- Me Talk Good
For anyone who goes to policy conferences (and who can ever get enough of those, eh?) and science fiction cons, I’m speaking at a couple of them over the next few months. Below is a list with links. If you actually read this thing, let me know; it gives my frail little ego something to cheer about and gives my pathetic life meaning. 🙂
Tales of The Sausage Factory: Unlicensed Spectrum Access II
O.K., so what’s at stake this year and how can you participate? Read below on how to help get more spectrum available for unlicensed access, help boost available power, exercise your democratic rights with your web browser, and educate the FCC and your Congresscritter.
Or you can go back to being a cynical consumer moo cow who thinks bitching and moaning about how stupid government is relieves you of your responsibilities. (Think I have an opinion?)
Tales of the Sausage Factory: Gay Marraige? Mine is Pretty Cheerfull.
Yale Law Prof. Lea Brilmayer has some interesting things to say to Congress on whether we need a Constitutional Amendment to let the states decide on gay marraige. See testimony here. I’m not the expert Professor Brilmayer is on Constitutional theory, but as a result of _Goodridge_, real legal analysis doesn’t matter anymore. And therein lies the true evil of judicial activism. Will four arrogant but well meaning judges give Bush the 2004 election, trigger a Constitutional Amendment, trash civil rights for gays for the forseeable future, and undermine confidence in our judiciary to the detriment of our society as a whole? (cue Odd Couple theme)
Tales of the Sausage Factory: Some Indecent Collateral Damage?
UPDATE: A somewhat clearer explanation of Ms. Lo’s commentary and what happened is now available from Time Magazine online here. As a result, I’ve modified my comments a bit.
Radio Commentator Sandra Tsing Lo got fired from her public radio spot for using a swear word in a pre-recorded piece that went unedited onto the air. You can hear her commentary on her experience and suddenly finding herself in solidarity whith Howard Stern here. My commentary below.
Tales of the Sausage Factory: A Good Copyright Decision . . . Priceless
As some of you may recall, in 2000, Ralph Nader ran an ad as part of his Green Party candidacy for President satirizing the Mastercard ads. Mastercard sued for trademark and copyright infringement.
As one can see, the wheels of justice grind rather slowly. But occassionaly they come out right. A good decision on copyright and trademark . . . which proves a point I’ve long been saying on the impact of footnote 14 of _Accuff Rose_ on copyright analysis (how’s that for lawyer geek speak!) A copy of the decision is here. A bit of analysis below.
