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.

Continue reading

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. 🙂

Continue reading

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?)

Continue reading

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)

Continue reading

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.

Continue reading

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.

Continue reading

Tales of the Sausage Factory: Indecent bandwagon rolls on

Well the House and Senate have been busy little, ahem, beavers on the indecency front. The surprise is the provisions on media ownership. Will they survive a House vote over the opposition of the Republican leadership? Will Bush veto indecency regulation to save his buddies in big media? Stay tuned to Survivor: Washington.

Continue reading