public knowledge – Page 3

FCC Last Call Part II: Cyren Call Sings Again

Harold December 27, 2006 - 9:59 pm February 24, 2013Tales of the Sausage Factory

They should have named the damn thing Phoenix Call, given how often this idea keeps getting resurected. OTOH, it better suits the nature of the beast to name it for creatures whose enticing song lured sailors to their deaths than for one of my favorite characters in Harry Potter.

As I wrote before on the Public Knowledge Blog, Cyren Call wants the FCC to give it 30 MHz of spectrum for free from the returned broadcast analog spectrum set aside for auction. Technically, Cyren Call wants that 30 MHz allocated to a “Public Safety Trust” that would then partner with a private sector organization, but it amounts to the same thing. In exchange, Cyren Call promises to build a nifty national broadband network that would be available to public safety entities when they need it. In order to finance the network without raising taxes or imposing costs on the public safety community, Cyren Call would operate the remaining 99.999% of capacity as a commercial venture. What a bargain! Of course, Cyren Call would kep any profit over and above actual expenses, to give it incentive to run the network “efficiently.”

I wish I did so well from doing good.

You would think that when public safety entities would get suspicious of a proposal that sounds horribly like: “DEAR PUBLIC SAFETY ENTITY. I OFFERING TO YOU MANY MEGAHURTS OF SPECTRUM. CONGRESS RECENTLY PASSED A LAW TO MAKE SPECTRUM AVAILABLE TO COMMERCIAL SECTOR, BUT I THINK YOU SHOULD HAVE IT.” But while Cyren Call has encountered the harsh response from the incumbent wireless harpies, over 1300 “HONEST TRUSTWORTHY PUBLIC SAFETY ENTITY” commentors supported the Cyren Call proposal. Unsurprisingly, most supporting comments from public safety folks emphasized that the part of the proposal they really, really liked was the part about getting even more spectrum.

But Kevin Martin, who seems to be having a “celebrate the incumbent telco harpy” meeting this month, has thrown in an interesting apple of discord. The FCC proposes to create a system similar to Cyren Call, but on the 24 MHz already assigned to public safety rather than grabbing yet more spectrum (you can read the full Order here. In other words, the FCC seems to be saying to the public safety community “O.K., so do you all think this proposal is so wonderful when it doesn’t bring you another 30 MHz of prime spectrum?” Of course, it helps that this plan parallels a plan proposed by Verizon Wireless back in September, which is remarkably simlar to the Cyren Call plan but in the spectrum already allocated to public safety and inserting the words “Verizon Wireless” in every place you had the words “Cyren Call.”

More below . . . .

A little Parable on Orphan Works Reform

Harold November 23, 2006 - 11:21 pm February 24, 2013Tales of the Sausage Factory

As Congress winds down, it faces the usual barrage of last minute bills — including requests from the usual suspects in the IP Mafia to expand yet again the value of their copyright holdings (you can read bout the latest push in the lame duck session at Public Knowledge or the new public interest/industry coalition website Digital Freedom). But one piece of legislation deserves to pass, the Orphan Works Act of 2006. This legislation seeks to address the problem of works where one cannot determine who holds the rights.

How does this happen? In 1976, we moved from a regime where we required someone to register a work with the Copyright Office to get protection to one where where everything rendered in fixed form is protected. So if you fnd a work, you must assume it is still under copyright. Even if you can find a record of the rights holder at the copyright office or elsewhere, you may no longer be able to find the current holder of the right because that person has died or moved on without a forwarding address. And since copyright has been continuously extended, the work remains protected and therefore unusable.

So after much prodding, the Copyright Office recomended to Congress to pass a bill that allows someone to do a due dilligence search for the rights holder and set up an escrow account to put some of the profits from republishing the work if the rights holder shows up. This bill is resisted by some trade groups. You can read a good statement about the bill by Public Knowledge’s Gigi Sohn here.

In any event, the subject came up on a local science fiction list I’m on. A fellow by the name of Keith Lynch wrote an excellent little piece illustrating the value of the Orphan Works Act, which I reprint below with permission.

Stay tuned . . .

FCC Meeting for November 3 . . . . It Just Keeps Getting Stranger

Harold October 31, 2006 - 7:00 pm February 24, 2013Tales of the Sausage Factory

The FCC has issued the agenda for it’s November 3 meeting. Gone is the proposed Notice of Inquiry on Network Neutrality. And a number of non-merger related items have popped up instead. Meanwhile, the trade press report a hot and heavy debate around forcing AT&T to divest wireless spectrum to create a real competitor (you can read the comments I wrote for Media Access Project here).

My thoughts on all these doings below . . .

Handicaping This Week’s Big Spectrum Auction

Harold August 8, 2006 - 4:24 pm February 23, 2012General, Spectrum, Tales of the Sausage Factory

And what a long strange trip its been to get here! In 2004, Congress passed the Commercial Spectrum Enhancement Act (CSEA), which required government users to vacate some choice spectrum so the FCC can auction it. You can see the FCC’s official page for this auction here. You can see my recent general musings on this auction on the Public Knowledge policy blog here.

But none of this tells the whole story. After two controversial rulemakings, a pending legal challenge, and the appearance of a host of new bidders, FCC Auction 66: AWS-1 is ready to start this week on August 9. A look at the list of who has come to play signals an auction of unparalleled visciousness, determination, and probable manipulation by sophisticated bidders because the FCC wussed out and did not adopt anonymous bidding.

For those interested in my handicaping what a report from the Center for American Progress describes as a corrupt means by which incumbents keep out competitors and what I have called “a really wonky version of Worlds of Warcraft,” read on!

My stint as featured blogger at Public Knowledge

Harold June 29, 2006 - 2:18 pm February 24, 2013Tales of the Sausage Factory

For the next week, I’ll be doing a stint as the “featured blogger” on Public Knowledge’s policy blog. As regular readers will know, I’ve often applauded PK as one of the key organizations fighting against expansion of intellectual property rights at the expense of the public, and critical in working to expand the intellectual commons. I’ll still try to post here as well. But I may just point people to PK.

For example, click here to see my update on the Adelphia transaction.

Stay tuned . . . .

Audio and Video Net Neutrality Links

Harold May 10, 2006 - 1:13 pm February 24, 2013Tales of the Sausage Factory

For those following the net neutrality issue, here are a few good links for audio or video (while we still can).

Robert Riech gives mainstream commentary in favor of NN on Marketplace here.

An amusing Halo-themed video infomercial in favor of NN available here.

Public Knowledge has this fairly straightforward “why you should care about NN” video here.

“Ask A Ninja,” which I had never seen before but struck me as downright hysterical, as a pro-NN message here.

Finally, this video montage/commentary clocks in at 6 minutes, but is well worth it if you wants something comprehensive and compelling (plus it has all my friends!). With text on their website here, direct to youtube here.

Please add more to the comments below if you become aware of new ones.

Stay tuned . . . .

Tales of the Sausage Factory: Rescue Orphan Works!

Harold February 3, 2005 - 3:16 pm February 24, 2013Tales of the Sausage Factory

The Copyright Office has begun an important proceeding on ways to allow works where copyright status cannot be determined (called “orphan works”) to become accessible to the public. The good folks at Public Knowledge have this useful blurb and links. For my take, see below . . .

TotSF: Public Knowledge Action Alert on IP bills

Harold November 17, 2004 - 2:05 pm February 24, 2013Tales of the Sausage Factory

I’m republishing below the action alert from Public Knowledge on the latest intellectual property hijinks in Congress.

Stay tuned . . . .

Tales of the Sausage Factory: Alert on INDUCE

Harold September 28, 2004 - 2:07 pm February 24, 2013Tales of the Sausage Factory

I am reproducing below a legislative call to action from the Association of American Law Libraries. You can find similar alerts and more infromation at the Electronic Frontier Foundation and Public Knowledge.

Remember — if we do not act, we get the legislation we deserve. Pick up the phone and call these folks!

Stay tuned . . . .

Tales of the Sausage Factory: Feeding the RIAA Pig at the Regulatory Trough

Harold April 29, 2004 - 4:39 pm February 24, 2013General, Tales of the Sausage Factory

I wish *I* could change the criminal law of the United States to make it a crime to compete with me, and jack up the punishment to huge fines and more jail time than any Enron exec will ever serve. I wish *I* could persuade a regulatory agency and Congress to make everyone else in the universe personally responsible for watching all my stuff. Oh,and then I’d make everyone give me the keys to their house so I could look inside whenever I want.

Sadly for me, *I* am not the RIAA. The introduction of HR4077, a bill which makes the FBI the RIAA’s personal police force for monitoring peer-to-peer networks and says all sorts of nasty things about peer-to-peer generally, and the FCC’s,Notice of Inquiry on whether it should mandate content controls on digital radio certainly give credence to the accusations that big money owns Washington lock, stock ‘n barrel. Interested in helping my ongoing experiment to prove if democracy still works and reminding your Senator and Representative that they really work for you? Read below . . .