My Thoughts Exactly:
The Slashdot Manifesto argument and teh future of teh writer on Internets, or, I CAN HAZ UR MONEY?

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Steven Poole wrote a blog entry about how the hell us poor writers are supposed to earn a living in this newfangled “information wants to be free” age, characterized by what Poole calls the “Slashdot argument”:

[the Slashdot argument] says that books, music, films, software and so on ought to be freely distributed to anyone who wants them, simply because they can be freely distributed. What is the writer or musician to do, though, if she can’t earn money from her art? Simple, says the Slashdotter: earn your money playing live (if you’re one of those musicians who plays live),4 or selling T-shirts or merchandise, or providing some other kind of “value-added” service.

You may recognize this logic as a variant, or corollary, if you will of the first line of the Toddler’s Manifesto: “if I want it, it’s mine.”

After the jump, a link to a funny cartoon!

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My Thoughts Exactly:
Men After My Own Heart…

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No, I’m not talking about the cadre of Pentagon Shills currently degrading the cover of the NY Times. I’m referring to the brave men and women who got up at 5 am here in Los Angeles, dropped all party affiliations and paddled out into the unseasonably cold waters to surf mediocre waves. It takes a certain kind of person to forgo the warm backsides of their beloved bedfellows, load up cars, stand naked on a pre-dawn beach, pull on stinking neoprene and paddle out into frigid waters which offer only the smallest of waves.

What kind of person, you might ask?

Well, I’ll start with my carload and make it quick- It was me, Slatty, and Sam. Sam lives here and is an avid surfer. Avid in a stealth way. I get emails from Sam at all hours, reporting from breaks north and south. Most missives are brief, “Standing on a pier in Cambria staring at huge waves”. An actor and musician from way back, Sam took to the water in earnest about 4 years ago and has attacked surfing with a kind of masochistic fervor. Sam charges waves (that’s a surfing term for one who surfs fearlessly). He’s got more broken eardrums than a team of deepwater divers and last year he broke his nose…falling on water. This is charging. He shortly thereafter booked a coveted role on a new HBO series, so he may be onto something. As for Slatty, he’s that same character from the last entry, one of my oldest, separated-at-birth friends, who has a Boston Irishman’s gift for comedic flaying and a freshly born addiction to surfing that has yielded terrifying results. He rarely leaves the water when he has the chance. Couple this with the fact that he lives with his family in New York City and only gets out to LA for work (again, an actor. Brilliant, ubiquitous, always gets, “Where do I know you from?” as he walks down the sidewalk), and you see how we came to be up at 6 am, driving 40 miles north when we should have been sleeping. To Slatty’s credit, he pulled up with a full tray of coffees and muffins.

Cut to cold water and a black, neoprene-skinned crowd of surfers bobbing across a 300 yard stretch of 54 degree water: You could be a doctor, you could be homeless window cleaner, you could be a chicken-hawk senator, smirking studio-head or a righteous lefty-campaign volunteer, but if you’re out there when you could be in bed, sipping your coffee, you’re a little bit closer to hearing the big bad rhythm of a much larger beast. And even if those waves are so small you have to paddle like a fool to slide along on a 6 inch face, that wave got it’s start somewhere far, far away and breaks upon your shore like a foreign messenger singing a universal song. And some will surf upon these messages like pros and some will chatter as the cold ebbs through their feet and some will sit like Buddha, big and patient looking out to sea, but all will paddle in eventually. And I feel sagely certain that that news of middle-aged Generals doing Halliburton’s duty, or Democratic candidate’s miserable dividing of allies will all be put in it’s place by the unifying message- that is neither simple nor small- delivered by a cold sea on a Sunday morning.

Tales of the Sausage Factory:
My Testimony From Today

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Well, that was fun. I reprint my testimony as prepared, not as delivered. I also cut a very insider joke. I’d planned to start:

“Mr. Chairman, I understand that this is the open Commission meeting, so it is perhaps no surprise that we are running an hour late. Also, as I have not had time to complete this testimony, I ask for editorial privileges.”

But no one off the podium was likely to get it.

[Editorial note from John (to help search engines and any random Wetmachine readers who stumble upon this): This post concerns Harold Feld’s testimony at today’s FCC hearing at Stanford University.]

Stay tuned . . . .

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My Thoughts Exactly:
One man is but a pale imitation of the worst president in US history

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Google pays me about four cents a month to run adverts on this-a-here policy-wonk & general bullshit blog, and lately they’ve been running an awful lot of the John McBush “one man” animated gif, which may be running to the right of this image even now. On account of which, my friends and family give me a fair amount of grief. I tell them that I’m not crazy about Google’s running McBush ads here, but I need the money.

In any event it reminds me to run the above picture, which I plan to do at least once a week, until I no longer need to.

Tales of the Sausage Factory:
Comedy Central Send An Omen: South Park and the Upcomming FCC Hearing (spoiler alert!)

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As an inveterate procrastinator, I cannot complain too loudly that the Commission only just published the witness list for tomorrow’s (today’s) FCC hearing at Standford. Happily, it looks like I am the only lawyer on the panel. I am also amused to share the panel with George Ford, who took me to task after the last time we both testified in front of a federal agency about broadband — the Federal Trade Commission in February 2007 — for making my First Amendment arguments at the FTC under the guise of economics. My turn to remind him that we are in public interest land now, baby, where the Red Lion still rules the Jungle and maintaining the diversity of information sources is, according to Turner a government purpose of “the highest order.” Come to think of it, I’ll remind some of the Commissioners of that as well.

Meanwhile, on the flight in, I received an amazing omen from Comedy Central (which is why you should always fly Jet Blue if you can, so you can get 36 channels of omen potential). Tonight’s episode of South Park (spoiler alert!) had the internet getting “used up,” with the government rationing the internet for the internet refugees who came to Silicon Valley. But then Kyle, the little Jewish kid, shows them a better way. Rather than rationing users, you can just reboot the internet (which is kept by the federal government in an underground bunker) and try again. In the end, Stan’s father explains to everyone that it is the responsibility of users to manage their internet use respopnsibly rather than rely on others to ration it for them.

I choose to take this as an omen that I, the Jewish kid on the panel, will be sucessful in rebooting the Commission to get them to understand that it’s about the users, not about letting people in the middle ration the internet. Granted that Ben Scott actually looks more like Kyle, and I look more like Cartman. So perhaps I will just limit myself to making wise ass remarks and let Ben reboot the Commission. Either way is good.

Off to write some testimony.

Stay tuned . . . .

Tales of the Sausage Factory:
White Spaces and the CTIA Game Changer

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The idea of auctioning the broadcast white spaces, rather than opening them for unlicensed use, is not new. It started out as an NAB “poison pill” back in 2005, when we looked like we might be making progress on getting a pro-white spaces amendment in the DTV transition bill that ultimately became the Digital Tranisition Act of 2005. When the FCC reinvigorated the proceeding in 2006, the NAB managed to get the FCC to put the question of licensed v. unlicensed in the Further Notice. But the NAB doesn’t want any neighbors, either licensed or unlicensed, and has focused its efforts until now on trying to kill the whole idea rather than on trying to promote licensing and auctions rather than unlicensed.

But the idea of licensing the white spaces for cellular or backhaul has gained new life recently, particularly after the 700 MHz auction. Both Verizon’s Steven Zipperstein and analyst Coleman Bazelon recommended this in their testimony at the House Telecom Subcommitte hearing on the 700 MHz auction. That comes on top of a serious filing by CTIA on the benefits of auctioning some of the white space and leaving a smidge so that unlicensed technologies can continue to develop.

We’ve now gone from NAB poison pill to serious issue. The proposal has not yet gained traction, but it does not do to underestimate CTIA and its members because, particularly after the 700 MHz auction, a number of its members really need that spectrum. This has the potential to change the game radically, including shifting alliances as the threat becomes more credible.

Analysis below….

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Tales of the Sausage Factory:
Why you can't split D Block and PSST

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Unsurprisingly, folks are now proposing to split the D Block from the public safety spectrum, auction the commercial spectrum, and use the money to build a separate public safety network. This got a bunch of attention at today’s House Subcommittee hearing. Despite my frantic attempts to subtly signal I had something relevant to say, no one wanted to hear my opinion on the matter (or anything else either, apparently my opening statement was sufficiently overwhelming that the Republicans did not dare challenge me and the Dems felt nothing further was required). Too bad, because I could have spared everyone about an hour of yacking by explaining why it won’t work.

Or, more technically, to make this work requires such drastic changes in the band plan that it is impossible to predict how much money such an auction would make, if anything. I’m aware Dr. Bazelon gives an estimate of $5 billion or so in his testimony, but I think his use of the A Block demand as a proxy is overly optimistic. Trying to predict spectrum auction results is always perilous, because there are so many factors and every spectrum auction is different from every other in significant ways. But in this case, the difference between the A Block issues and the possible D block issues are of significant magnitude that I anticipate major problems.

Bottom line: I think it would take months to resolve the engineering issues, and that an auction based on necessary rules would fetch very little money.

More below . . . .

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My Thoughts Exactly:
Swell Fire

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It’s April now, and we’re a few months past the talk of the town here in Los Angeles. I am, of course, talking about the strike by the Writer’s Guild of America. For those of us caught up in the strike—and by that I mean either participating, being unable to work because of it or both (we Screen Actors Guild members were there, standing side by side with the DGA, hamming it up for cable news crews everywhere)—the strike had the feel of being the “bad”cop in a mediocre crime drama. It may or may not have been necessary, depending upon whom you listen to, but it was grimly inevitable and provoked no end of snickers and eye rolls from the rest of the cast. Speaking personally, I think it got the job done but I hope it does not get hired for any near-future episodes.

Anyway, to get by as our bank accounts dwindled and “reality programming” filled the time slots with mercenary vigor, many turned to other means of expression. Some took their overflowing talents to the even-smaller-screen and turned out ground-breaking web series. “Wainy Days”, “Horrible People”and “Maria Bamford”” come to mind. (If you haven’t seen ‘em, well, say goodbye to your 52” plasma screens.) Some finally got to that novel they’d always wanted to write (results forthcoming, we assume). Others took that Real Estate Exam once and for all.

Me? I went surfing. And watched the state burn.

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