An insider’s view of the media hegemony
To my surprise and delight, the good folks at Duke Law have produced this comic book to explain the law of fair use and how expanding copyrights is producing lots of “collateral damage” in the free speech department. Back when I was in law school I had an idea for an entire series of comic books dramatizing the law school curriculum. Happily for the world, I can’t even draw stick figures as well as Jim Snider did in his Cartoon Guide to Federal Spectrum Policy.
Stay tuned . . .
Yet another study finding that P2P filesharing is not the reason people stop buying CDs, and that most music people listen to on their computers and MP3 players is legally obtained. More information here. Michael Geist, on of the genius people you never hear about in the U.S. because he’s like, you know, Canadian (actually, he’s from the U.S., but he lives and works in Canada) offers an excellent analysis here.
Of note, the study was conducted by the Candian Recording Industry Association, the RIAA’s Candian cousin, so one can assume that any bias toward result was in favor of finding that P2P is tantamount to theft.
Stay tuned…..
I want to flag two important conferences in the next few weeks where I’ll be attending.
First, the Second National Summit for Community Wireless Networking. The last of these was in August 2004, and was excellent. For anyone interested in any aspect of community wireless broadband, whether it is the future of CWN as a movement or simply the nuts and bolts of setting one up in your neighborhood, this conference should be on your “must attend” list. The Summit is scheduled for March 31-April 2 at Lynnewood University in St. Charles, MO (easily accessible from St. Louis Int’l Airport). I’ll be speaking and generally making a nuisance of myself.
The second, much closer to home, is Dave Isenberg’s Freedom 2 Connect 2006. Again, last year’s was excellent, and it has the advantage (to me, at least) of being half a mile from my house. Dave has drawn together some of the top thinkers and respected pioneers in internet development to discuss the future of the internet in a world where the “freedom to connect” is no longer guaranteed. Speakers include such luminaries as Muniwireless.com founder Esme Vos, net personalities and pioneers Om Malik & Doc Searls, political heavyweights such as Congressman Rick Boucher and former FCC Commissioners Michael Powell and Reed Hundt, etc., etc.
Sadly, yr hmbl obdnt is not quite “A List” enough yet to make the schedule, but it will still be a good conference and I expect I will manage to make my presence known (those who know me understand I am not generally a quiet person).
Stay tuned . . .
This latest Notice of Proposed Rulemaking shows how far in the wrong direction the FCC has come on spectrum issues. Funny thing is, I don’t think FCC Chair Kevin Martin hates unlicensed or is in the pocket of the licensees. I think this is an example of WHEN STAFF ATTACK!!! (specifically the wireless bureau staff).
Yesterday, the Federal Register turned 70. While unknown to most normal folks, the Federal Register (or “fed reg” as we admin lawyers like to call it) is the official publication for the U.S. Administrative state. Just about all major administrative undertaking such as rulemakings, inquiries, and consent decrees become official and/or final when published in fed reg. Many a young associate or paralegal has the unenviable task (albeit made easier by electronic databases and online access) to keep a watch on fed reg for publication of any documents of potential relevants or to track administrative deadlines.
So happy birthday Fed Reg!
It is quite possible that the most important piece of campaign finance reform to pass in 2006 will be Senator Wyden’s “Internet Non-Discrimination Act of 2006.” Until now the internet did not require candidates to raise huge amounts of money to pay for the ability to reach voters. Without Net Neutrality, all that changes. The internet will increasingly come to resemble radio, television and cable, where the well-funded buy their way onto your screen and the rest get crowded out. Not because of any evil corporate conspiracy or antidemocracy cabal, but because of the iron rules of economics.
If companies can make money charging political speakers for premium access, they will. If that’s bad for democracy and free speech, too bad. Companies aren’t in business to promote democracy, but to maximize value for shareholders. If that means that well-funded candidates and talk radio hosts can buy “premium” access while independent bloggers and pod casters can’t, that’s what will happen. Too bad about that democracy and free speech thing. Nothing against it you understand but, y’know, it’s just business.
For the forseeable future, we’re stuck with spectrum auctions, so we may as well try to get them to work as well as possible. Contrary to what some folks argue, I don’t think that means just jacking up one-time revenue to the government. It means trying to get licenses to folks who don’t usually get ’em (like women-owned businesses, minority-owned businesses, and small businesses generally), trying to get services deployed to underserved communities, and trying to foster real competition.
So last week, MAP submitted a lengthy set of comments (including a 30-page econ analysis from my economist friend Greg Rose) on reforming the FCC’s designated entity “bidding credit” for the upcomming AWS auction.
What does all this mean, and why should the guy who says “spectrum auctions are the crack cocaine of public policy” care? See below . . .
Not really a surprise. The government has made clear it will accept the vicious cycle of “the previous merger you approved means I now have to merge.”
Sadly, because the regulators till think of these primarily as monopoly voice markets, and long ago gave up hope the Bells will compete with each other, they don’t worry about the increased size of the national footprint as an indicator of market power in any of the relevant service markets. If anything, it’s regarded as a plus because under the logic of “convergence,” this makes AT&T a better video competitior to Comcast, TW and other incumbent cable companies, while doing no “damage” in voice markets.
The complexity of interelated markets, the nature of market power on “upstream” internet content and service providers, and question of what the mature market looks like aludes them.
Oddly, I am at a conference on municipal broadband right now. Soon, cities may be the only competitors. I hope they will realize that they need interconnection and net neutrality to make a real go of it. Or so I will try to persuade them tomorrow.
Wyden (D-Ore) has pushed back against the wussiness of the Enisgn (R-NV) bill. The Ensign Bill has a provision that would require “neuterednet neutrality.” The broadband access provider could still favor its own content and could offer “premium” service to others.
The Wyden “Internet Non-Discrimination Act of 2006” requires real Net neutrality and has a serious enforcement mechanism. If the FCC sits on a complaint, it is deemed granted in 90 days.
Of course I’m partial to the Wyden bill from shear vanity. The bill references the muni broadband paper I wrote last year in the legislative findings.
Stay tuned . . . .
TMCnet reports that a company called NaturalNano has developed a paint that blocks radio waves. The paint contains nanotubes with copper cores that block radio waves of all frequencies. The article says they will market it as a cell phone blocker, but one blogger has already suggested that those anxious about leaking wifi access paint their homes with it.
But is it legal? My first reaction was “yes.” But now I’m not so sure.
But while the uproar has swayed much of the public to Johansson's defense at a time when #genAI is increasingly under scrutiny, this may not quite be an open-and-shut case should she decide to sue . Read the breakdown from @M_F_Rose in her latest article:
The release of @OpenAI's new digital assistant "Sky" stirred controversy after actress Scarlett Johansson alleged that the company had infringed on her rights by using a soundalike voice of hers after she'd declined to voice it herself.
Just saw @MargotSusca fantastic interview with @adamconover about the death of local news at the hands of hedge funds. https://www.youtube.com/watch?v=N21YfWy0-bA A theme I have written about *a lot*. Like this blog post from 2018: https://wetmachine.com/tales-of-the-sausage-factory/we-need-to-fix-the-news-media-not-just-social-media-part-i/ This has been a long time in the making.
I wrote yesterday on the terrifying escalation of antisemitism in Canada, citing events just over past week. Now there is more: last night a firebomb attempt at a Vancouver synagogue. Daily antisemitic incidents is who we are now.
https://www.jewishvancouver.com/important-community-updates-may-20-2024
https://x.com/mgeist/status/1796233336203194446
