Tales of the Sausage Factory:
USTR 301 Comments: Crashing the IP Mafia's Party

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Time for another little instructional video, aka “5 Minutes With Harold Feld.” Here, I talk about the US Trade Representative’s “Special 301” Process. This is where the US Trade Representative (USTR) makes a “naughty list” for countries which, in the words of the statute: “deny adequate and effective protection of intellectual property rights” or “deny fair and equitable market access to United States persons that rely upon intellectual property protection.” (You can find last year’s list here.)

But while Congress intended this to be about protecting U.S. interests from wholesale piracy — you know, the warehouses with the industrial copying machines that crank out 10,000 counterfeit DVDs and hour and such what — the usual suspects have hijacked this to ratchet up intellectual property law in other countries. That includes trying to outlaw in other countries things that are not only legal here, but critical to our electronics industry and online services (not to mention free speech and civic expression). For example, because “space shifting” is a perfectly legal fair use, SlingMedia can sell a product that lets me watch shows I pay for through my broadband connection. Because we don’t hold “providers of interactive services” liable for copyright infringement if they follow the Digital Millennium Copyright Act notice and takedown provisions, Youtube can have an open video service that’s easy to use and easy for people to upload content.

Eliminate these provisions and we don’t just lose access to foreign markets for these goods and services. We potentially expose U.S.-based providers to foreign liability. Needless to say, Hollywood and the music industry are deeply concerned about how mucking around with other countries and pressuring them to change copyright law hurts other businesses — let alone the impact on civil liberties. But while it is not the job of these industries, and their associated trade organizations, to care about others, it is the job of the USTR to care about all U.S. goods and services, not just the entertainment industry.

You can read more about this issue from my Public Knowledge colleague Rashmi Rangnath here, including her exciting day testifying before USTR staff here. Rashmi is too polite to say as bluntly as I will that USTR staff give every sign of having been so thoroughly indoctrinated by the entertainment industry that they don’t even remember what their actual job is anymore. So we will need to whack them up the side of the head with a pretty big Clue Hammer a few times to get this process heading back in the right direction.

Stay tuned . . . .

My Thoughts Exactly:
Acts of the Apostles in convenient ebook format

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For nearly ten years, my book Acts of the Apostles has been available for free download from this site, and lately, from lots of other sites. I figure that it’s been downloaded at least ten thousand times, and perhaps a lot more. There’s really no way to tell at this point.

Recently I’ve been getting a fair number of requests for other (that is, not PDF) formats, such as mobi for the kindle and epub for other devices. After much, much, much too much ado, I’ve finally made different versions available on Smashwords for $4/copy. I’ll be curious to see what kind of sales I get, especially since the PDF is out there for free, and people can convert them if they feel like going through the hassle.

As I wrote in an earlier wetmachine post, I consider format conversion, for example from PDF to mobi, to be making a “derivative work” and therefore prohibited by the Creative Commons license. Not everybody agrees with me about this, and the matter really rests in an indeterminate state until such time as a court of law makes a pronouncement on it.

In the meantime, I don’t think $4 is much to ask for such a great book!

The hassles I went through were largely caused by my mule-headedness and lack of understanding of Microsoft Word. The Smashwords site itself is a relative breeze to use. I do plan to make Cheap Complex Devices also available on Smashwords, and I think the process of converting that book will be a whole lot smoother than the first one was.

Inventing the Future:
Oh. Canada.

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Our weekly engineering meeting has a conference table and a huge projection screen. On this Monday, the Vancouver Olympics had just closed, and our three Canadian engineers were celebrating their climactic hockey victory. Being virtual, it was ridiculously easy(*) to find a flag image on Google, drag it in-world, and throw it up on the projector. No mess, no fuss, and no disturbance of the meeting. It might have been an afterthought, but it was appreciated.

In public social virtual worlds, a lot of attention gets paid to avatars — that’s your primary dimension of expression. But in private business worlds, the whole environment is yours to personalize, and it’s easy to change frequently. The discussion referenced in my previous post spoke of spontaneously creating a whole meeting room reserved and named in honor of a visitor.

* Much easier than the mechanics of adding a picture to this blog. See this video, and especially the last minute.

Tales of the Sausage Factory:
Genachowski's Secret $15 bn Piggy Bank, or T-mobile Triumphs Over M2Z.

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I’ve been rather pressed for time, hence have not had much chance to blog on the FCC’s recent spectrum policy announcements for D-Block and the broadcast migration offer. Combine these two speeches with Genachowski’s recent statement in an interview that the NBP will finance the $25 billion via existing programs and it is clear that the FCC will adopt the T-Mobile’s “asymmetric auction” proposal for the AWS-2 and AWS-3 band, leaving M2Z high and dry. The only question is whether or not there will be spectrum caps to keep AT&T and Verizon from snarfing the good stuff, but do not expect the NBP to touch something as “controversial” as spectrum caps even by veiled implication the way the DoJ did in its comments.

Mind, this is another example of the “spectrum auctions are the crack cocaine of public policy” problem. The thirst for revenue pushes all other considerations out the window. I’m not convinced the T-Mobile approach is wrong (especially if subject to spectrum caps), and I think the D-Block finesse was extremely clever. But when revenue sits in the driver’s seat, policy invariably takes a wrong turn somewhere along the road. But it is difficult to imagine how Genachowski could resist a $15 bn secret cash cow to fend off accusations that Democrats are once again writing checks against our children’s future blah blah blah.

I unpack all this below. . . .

Continue reading

My Thoughts Exactly:
R.I.P. Jon Swift — a good man gone

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The funny, kind, decent and fiercely democratic (note the lower-case “d”) blogger Jon Swift has died, much too young. See Tom Watson’s appreciation here. Swift, whose “real world” name was Al Weisel, was a friend to Wetmachine, having twice or thrice blogged about this site as “a great site you’ve never heard of” or similar. I never met the man in person, but in email correspondence he was kind and helpful to me. As a blogger, he was an inspiration.

In honor of Al/Jon Swift, this week is Blogroll Amnesty Day at Wetmachine. If your blog is not spam, porn, or blatantly offensive and you’re willing to put Wetmachine on your blogroll, I’ll put you on ours. Leave details in the comments or send me a note to [my first name] at [this a-here website].

Inventing the Future:
Situation Room

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Real situation rooms devote an awful lot to physical requirements.

Here’s a virtual situation room from Forterra’s Olive platform, where there is lot more emphasis on dealing with the situation.

Of course, a real operations center needs to control and interact with the physical world, pulling in not just media, but also manifestations of live data. And the participants must be able to take actions that effect the real world. See an older video of a Teleplace network operations center doing that here.

If virtualization can produce an effective result for much less money, why not apply it in business as well as government? Here’s an example from industry analysts at Think Balm.

Physical situation rooms have costly recording equipment and people to operate them. This is an area where virtual situation rooms can not only be cheaper, but better because easier-to-use means more-likely-to-happen.

Of course, the point of a situation room is to bring experts and stakeholders together to deal with a changing situation. All the participants need to be able to quickly interact with resources, without physical or technological limitation. Unlike the set-in-concrete behemoths, a virtual environment can do better than bunkers to facilitate brainstorming and bringing new ideas together.

Tales of the Sausage Factory:
Richard Bennett Invites Me To A Panel On Tuesday March 2

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Back in October, Richard Bennett wrote a paper on why he thought network neutrality was particularly inappropriate — indeed, dangerous to the future evolution of — mobile internet access. On Tuesday March 2, his employer, The Information Technology & Innovation Foundation will be hosting an event to discuss the paper, mobile internet access and policy. He’s asked me to join Barbara Esbin from Progress and Freedom Foundation and Morgan Reed from the Association for Competitive Technology on a panel to discuss the issues. Should be fun.

Click here for the event announcement, which contains an RSVP link.

Stay tuned . . . .