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anonymous

Copyright Reform Act tries fixing fair use with seven words - 0 views

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    Current fair use law is hazy by design; instead of laying out specific use cases, the law relies on the famous "four factors" about the purpose of the use, the nature of the copyrighted work, the amount borrowed, and the effect on the value of the original work. This can be maddening in many situations, because it is impossible to know in advance if a particular use qualifies. On the other hand, it gives a fair use incredible flexibility to adapt to new circumstances like the advent of the VCR. But in the paragraph that comes just before the four factors, Congress did see fit to lay down a nonexclusive list of fair uses: "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." Is it time for more list items? The new Copyright Reform Act, proposed by Public Knowledge, would make a deceptively simple change to bring fair use into the 21st century-add seven words to this list. The CRA is a new project from Public Knowledge, with much of the heavy lifting being done by the Cyberlaw Clinic at Stanford and the Technology & Public Policy Clinic at UC-Berkeley. While Berkeley's noted copyright scholar Pam Samuelson works up a new "model statute" for copyright law in the digital age, Public Knowledge hopes to make smaller interim fixes to copyright law that won't require the same dramatic reworking.
kkholland

Chinese Media, Bloggers Ask: Is Google Really Saying Goodbye? - NAM - 0 views

  • Google said on Tuesday that it was considering shutting down Google.cn and closing its offices in China after a cyber attack on its corporate infrastructure resulted in intellectual property loss. Google also said it would stop censoring search results on Google.cn. For the first time, reports and images of the Tiananmen Square massacre and other events could be seen through Google searches in China.
  • Chinese American media rushing to provide their analysis in the context of U.S.-China relations. “Google, Don’t become a tool in the political fight between the U.S. and China” read the headline of an editorial published Friday in China Press. “Though Obama tried to adapt to China’s increasingly powerful role in the world with a new attitude and said the United States would not repress China’s development, the differences in ideology between the countries continue to prohibit the U.S.-China relationship from moving forward,” the editorial argued.
  • “If the Chinese government just let it go, Google could stop its financial losses in China, which would be beneficial to its share price. If the Chinese government is willing to compromise, Google will become the ‘hero’ that breaks China’s strict control over Internet information.” Chinese investors, Leung noted, believe the absence of Google will actually benefit the local Internet market; the stock prices of Chinese Internet companies rose right after the announcement was made.
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  • Editors of the World Journal said they were happy to see Google defend the freedom of online information without censorship, describing it as “an act of courage.” A popular column in World Journal contends that it is time for the Chinese government to change in order to develop into a truly strong country. “A real strong country is not just strong economically,” the column argues. “It also needs development in people’s values, in order to build a healthy and principled system, and abolish the current zero-tolerance policy on dissident expression.”
  • An editorial written by Feng Lei of Guangzhou’s Southern Metropolis Daily doubts if Beijing is willing to let go of Google. “A company like Google not only serves as a technology leader in China’s domestic market, but also, by virtue of its presence, has a ‘catfish effect’ [raising overall performance in the industry]. Without this presence and effect, there will be a definite impact on the development of the industry domestically.”
  • A news analysis in China Times describes the announcement as a tactic for Google to gain more freedom in China.
  • The most popular blogger in China, Han Han, also expressed his support for Google. He wrote on his blog, “I understand Google’s decision, whether it is for real or not. What I don’t understand is that some Web sites conducted surveys saying that 70 percent of Internet users do not support Google’s request that the Chinese government stop its censorship. While looking at these survey results on the government Web site, you often find yourself on the opposite side,” adding that these Web sites should be the ones to be censored.
  • A blog on Baidu.com, Google’s biggest competitor in China, said, “The tone of the top Google legal advisor disgusts me. He could have said that they are withdrawing for economic reasons, plain and simple. Instead, they have to make themselves look good by saying that Google was attacked by Chinese people, that Gmail accounts of Chinese dissidents were attacked, and so on in order to explain why they are withdrawing from China. This type of tone is an insult to the intelligence of ordinary Chinese citizens.”
  • The reason Google is having a hard time in China, she argued, is that there is a mismatch between American ideology and Chinese management style. “In the Chinese market, Google has no intention of adjusting itself to adapt to the Chinese situation, but works according to its own ideology,” she writes. “That’s why, under media exposure during the anti-pornography campaign, Google could barely handle the situation and had to change its leadership in China.”
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    Discussion of whether Google will leave China with comments from Chinese bloggers and media analysts.
anonymous

British Online Copyright Laws Draw Debates - Bits Blog - NYTimes.com - 0 views

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    "An article published in, The Guardian, discusses a debate taking place in the British Parliament around a new "digital economy bill. One amendment in particular is stirring a lot of discussion about its impact on content online. The Guardian writes: The new proposal - which was passed in the House of Lords by 165 votes to 140 - gives a high court judge the right to issue an injunction against a Web site accused of hosting a "substantial" amount of copyright infringing material, potentially forcing the entire site offline. Critics say the major problem with this amendment is that ajudge could shut down a Web site because of copyright infringement, even if thesite's manager didn't put the content online."
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    An article published on Thursday in, The Guardian, discusses a debate taking place in the British Parliament around a new "digital economy bill." One amendment in particular is stirring a lot of discussion about its impact on content online. The Guardian writes: The new proposal - which was passed in the House of Lords by 165 votes to 140 - gives a high court judge the right to issue an injunction against a Web site accused of hosting a "substantial" amount of copyright infringing material, potentially forcing the entire site offline. Critics say the major problem with this amendment is that a judge could  shut down a Web site  because of copyright infringement, even if the site's manager didn't put the content online. What is left unanswered is how a company can be held accountable for every piece of content placed on its site.  Many critics of this bill and others in Europe say it is most likely to result in the stifling of creativity, innovation and free speech. In the United States, the Digital Millennium Copyright Act offers some protection against liability to Internet service providers and Web sites that host copyrighted material uploaded by third parties.
scwalton

Movie Studios Push to Unlock DVD Release Dates - WSJ.com - 0 views

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    "The scheduling change is among the first examples of an informal new agreement U.S. theater owners are discussing with the six major Hollywood studios: The exhibitors would let the studios experiment more with DVD release dates. As a result, studios could each release one or two movies a year on DVD a month or so sooner than they usually do, according to people familiar with the matter. The seemingly minor move could portend a big shift in the movie business down the road. The nascent arrangement, which has been under discussion for several months, highlights the growing pressure on the longstanding backbone of Hollywood's business model, an elaborate system known as "release windows." By separating a movie's release in theaters from the time window of when it is released on DVD or cable TV, studios were able to maximize revenue. DVD sales, for example, didn't eat into a movie's take at the box office."
anonymous

Google Fights for Orphaned Books - PCWorld - 0 views

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    Fending criticisms from multiple parties, Google once again made the case for digitizing millions of orphaned books before the U.S. District Court Southern District Court of New York, in a fairness hearing held Thursday. A total of 27 different parties requested to speak before the court. Five were in favor, including Sony, the National Federation of the Blind and the Center for Democracy and Technology. The rest -- 22 in total -- opposed the settlement, including Amazon, Microsoft, the Open Book Alliance, and the Electronic Privacy Information Center. Those in favor praised the idea of rendering hard-to-find books in electronic form, because they could be accessible to a much larger group of readers, and not be lost to the ages. The objectors, however, voiced strong concerns that the settlement case preempts U.S. copyright law altogether. Others voiced privacy and antitrust concerns.
ethan tussey

Hollywood Tries to Block Veriana and Cantor Futures Markets - NYTimes.com - 0 views

  • Both Cantor and Veriana say that their exchanges are intended to give Hollywood investors a way to mitigate their risks. If a distributor has second thoughts about a movie, the company could short it on the exchange.
  • Both Cantor and Veriana say that their exchanges are intended to give Hollywood investors a way to mitigate their risks. If a distributor has second thoughts about a movie, the company could short it on the exchange.
  • Both Cantor and Veriana say that their exchanges are intended to give Hollywood investors a way to mitigate their risks. If a distributor has second thoughts about a movie, the company could short it on the exchange.
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  • Both Cantor and Veriana say that their exchanges are intended to give Hollywood investors a way to mitigate their risks. If a distributor has second thoughts about a movie, the company could short it on the exchange.
  • Both Cantor and Veriana say that their exchanges are intended to give Hollywood investors a way to mitigate their risks. If a distributor has second thoughts about a movie, the company could short it on the exchange.
  • Both Cantor and Veriana say that their exchanges are intended to give Hollywood investors a way to mitigate their risks. If a distributor has second thoughts about a movie, the company could short it on the exchange.
  • Both Cantor and Veriana say that their exchanges are intended to give Hollywood investors a way to mitigate their risks. If a distributor has second thoughts about a movie, the company could short it on the exchange.
  • Both Cantor and Veriana say that their exchanges are intended to give Hollywood investors a way to mitigate their risks. If a distributor has second thoughts about a movie, the company could short it on the exchange.
  • Both Cantor and Veriana say that their exchanges are intended to give Hollywood investors a way to mitigate their risks. If a distributor has second thoughts about a movie, the company could short it on the exchange.
  • Both Cantor and Veriana say that their exchanges are intended to give Hollywood investors a way to mitigate their risks. If a distributor has second thoughts about a movie, the company could short it on the exchange.
  • Both Cantor and Veriana say that their exchanges are intended to give Hollywood investors a way to mitigate their risks. If a distributor has second thoughts about a movie, the company could short it on the exchange.
  • Both Cantor and Veriana say that their exchanges are intended to give Hollywood investors a way to mitigate their risks. If a distributor has second thoughts about a movie, the company could short it on the exchange.
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    MPAA has waited till the last moment to start trying to block film betting despite being notified for over a year.
anonymous

Cable Comcast: Al Franken Says Hell No on the NBC Takeover - 0 views

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    In his feisty opening statement, Franken said: "I worked for NBC for many years. And what I know from my previous career has given me reason to be concerned--let me rephrase that, very concerned--about the potential merger of Comcast and NBC Universal. The media are our source of entertainment, but they're also the way we get our information about the world. So when the same company that produces the programs runs the pipes that bring us those programs, we have a reason to be nervous.... You'll have to excuse me if I don't just trust their promises and that is from experience in this business." The former SNL star and entertainment industry insider-turned-Senator is dead on with his concerns. As Free Press--the media reform advocacy organization founded by The Nation's John Nichols, media scholar Robert McChesney, and current executive director Josh Silver-- points out, the merger would result in Comcast controlling one in every five television viewing hours. It would lead to fewer choices of what you can watch and how you can watch it. Those cable bills that continue to rise would rise even higher, and if you don't use Comcast you might have to pay a premium to get NBC's shows. There will be even less access to local and independent programming as Comcast would promote NBC's shows at their expense. And, finally, there's the even larger issue of concentrating power and limiting access to free public interest media.
scwalton

2010 Chicago Auto Show Preview: Challenger Goes Fuchsia, Chrysler Shows Mobile TV - Mot... - 0 views

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    "Chrysler's live mobile TV will also be at the show, available in the Chrysler Town & Country, Jeep Grand Cherokee, Jeep Commander, Dodge Grand Caravan, Dodge Nitro, Ram 1500 and Ram 2500/3500. The service offers live sports, news, kids programs and primetime network shows all from the convenience of the back seat. It's a $629 plus installation cost option, but it makes Chrysler the first carmaker in the U.S. to offer live TV on-the-go."
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    "Chrysler's live mobile TV will also be at the show, available in the Chrysler Town & Country, Jeep Grand Cherokee, Jeep Commander, Dodge Grand Caravan, Dodge Nitro, Ram 1500 and Ram 2500/3500. The service offers live sports, news, kids programs and primetime network shows all from the convenience of the back seat. It's a $629 plus installation cost option, but it makes Chrysler the first carmaker in the U.S. to offer live TV on-the-go."
Theresa de los Santos

L.A. Times sells Disney front page for movie ad | Reuters - 0 views

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    "The Los Angeles Times' critic may have panned the film, but that didn't stop Disney from paying top dollar to turn the newspaper's front page into a special advertisement for the new movie, "Alice in Wonderland." The ad, believed to be the first of its kind among America's leading big-city dailies, dismayed some readers and was lamented by media scholars as the latest troubling sign of difficult times at the newspaper and for journalism generally. Hollywood blogger Sharon Waxman cited one "media buyer insider" as saying the Walt Disney Co, the studio behind the film, paid $700,000 for the space.
anonymous

Vancouver Luge Crash Video Pulled from YouTube - In another case of copyright law misus... - 0 views

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    Video of Luge Crash raises interesting discussions about copyright and Fair Use. Google would not comment on the particular video but offered this general statement. "We approach each video individually, and we do not prescreen content. Instead, we count on our community members to know the Guidelines and to flag videos they think violate them. We review all flagged videos quickly, and if we find that a video does break the rules, we remove it, usually in under an hour." And, interestingly enough, regular TV broadcasters, with no licensing agreement with the IOC, are employing the fair use argument and airing the clip. Yet YouTube, and other online outlets are so terrified of the constant bullying from content creators that they're not going to take any chance and are taking the video down. In the end, nobody wins, people don't have access to the information, online video sites lose viewers and trust from their users and the IOC comes out as trying to hush up an unpleasant situation and (mis)using copyright law to do so.
kkholland

Digital Marketing: Why Google Wasn't Winning in China Anyway - Advertising Age - Digital - 0 views

  • But it could be a face-saving way to exit a market where Google has made surprisingly little progress. Most research companies agree Google controls at most one-quarter of China's search market. That's hard to swallow, given Google's dominant position in the U.S. and many other major markets.
  • Google has never been a big believer in traditional marketing anywhere, including China, while Baidu is an active advertiser in TV, out-of-home and digital media.
  • "Their chief problem was the idea they could come into the market without doing marketing and expect to replicate the miraculous success they had enjoyed in the U.S. They did no marketing," said Kaiser Kuo, a Beijing-based consultant for Youku.com and the former of head of digital strategy at Ogilvy & Mather in China.
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  • "Google has vision but its execution in China wasn't strong. They don't get the nitty-gritty nuances and are not close enough to the market," said Quinn Taw, a Beijing-based venture partner at Mustang Ventures who has held senior positions at Mindshare and Zenith Media in China.
  • Until recently, for instance, Google.cn had the same clean, sleek look of Google.com, even though Chinese web surfers, particularly in the early days, preferred clicking on popular search topics rather than typing in search characters. Baidu's site reflected that preference from the start.
  • "With its massively popular Tieba forums, a question-and-answer service and a wiki, Baidu leveraged Chinese netizens' natural propensity to share and create content and seamlessly integrated it in to the overall search experience way before Google's attempts," said Sam Flemming, founder and chairman of CIC, an internet research and consulting firm in Shanghai.
  • tionalism and corruption. When Baidu issued its IPO in late 2005, about one-third of Baidu's users were music fans using the site's online music file-sharing service, which operated much like Napster. Baidu didn't earn revenue from the music downloads, but music attracted tens of millions of Chinese to its site and helped make it the No. 1 search engine player. As an American company bound by U.S. laws protecting intellectual property, this growth tactic was not open to Google. Music companies, of course, hate Baidu's music-sharing site. The major labels such as EMI, Warner Music Group and Vivendi's Universal Music have tried suing local sites that allowed illegal downloading, including Baidu, with minimal success in court and little support from Chinese consumers.
  • Unlike Baidu, Google made another mistake in refusing to offer rebates for volume media buys, a common, if not always legal, practice in China's media industry. (
  • Media buyers "couldn't give Google money if they wanted to," Mr. Taw said. "Their sales guys were very arrogant, superior and hard to get hold of. They went out of their way to be jerks."
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    Explores the economic angle of google's potential withdraw from China, and offers a competing argument that the firm's threats to leave may in fact be a face saving measure driven by the bottom line.
Theresa de los Santos

Murdoch Needs the NY Times to "Go After" the NY Times http://www.nbcnewyork.com/news/bu... - 0 views

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    Media mogul Rupert Murdoch, who owns both the NY Post and the Wall Street Journal, has been been put in the humiliating position of asking for a favor from his competitors. The Journal has been getting ready to launch a new edition in April, with an NYC metro section intended as a tough competitor to the Times. Meanwhile, Murdoch's News Corporation is upgrading the Post's printing plant in the South Bronx so that it can print the Journal and the Post. But there have been major delays on that, and now Murdoch needs to outsource some of The Post's printing, so he's been reduced to begging his enemies for help.
Theresa de los Santos

Why magazines and print media should be excited about their digital future - News, Gadg... - 0 views

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    "The future of print media is digital. Just as new printing techniques revolutionised the industry and gave birth to full page color images in print media, digital content will change the way we read and consume print media in the future. The ideals and stories will (hopefully) still be there at the heart of digital media but consumers will be given the opportunity to delve deep into the articles. Digital media will put elements that enrich the reading experience - like rich colour photos that can be enlarged, video, sound, animations and 3D images -at the fingertips of every reader"
ethan tussey

NBC CANCELS 'LAW & ORDER' FLAGSHIP: Dick Wolf Furious That Net Reneged On Deal And May ... - 0 views

  • t the last minute, they said, 'We'll pick the show up and this is how we're going to do it'. Which was ludicrous." That's when NBC threw its agreement with Wolf out the window and demanded Wolf kick in to help "finance the pickup of Law & Order out of all the money he's made. And his reps said, 'Never going to happen'," according to an insider. Another source explained the situation: "Graboff broke off the negotiations last night when they fell apart based on Team Dick's unwillingness to make certain deal concessions deemed unreasonable."
  • t the last minute, they said, 'We'll pick the show up and this is how we're going to do it'. Which was ludicrous." That's when NBC threw its agreement with Wolf out the window and demanded Wolf kick in to help "finance the pickup of Law & Order out of all the money he's made. And his reps said, 'Never going to happen'," according to an insider. Another source explained the situation: "Graboff broke off the negotiations last night when they fell apart based on Team Dick's unwillingness to make certain deal concessions deemed unreasonable."
  • I hear that after long deliberations, NBC has decided to cancel the long-running procedural, which will end its run at 20 seasons, tied with Gunsmoke.
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  • I hear that after long deliberations, NBC has decided to cancel the long-running procedural, which will end its run at 20 seasons, tied with Gunsmoke.
  • I hear that after long deliberations, NBC has decided to cancel the long-running procedural, which will end its run at 20 seasons, tied with Gunsmoke.
  • I hear that after long deliberations, NBC has decided to cancel the long-running procedural, which will end its run at 20 seasons, tied with Gunsmoke.
  • I hear that after long deliberations, NBC has decided to cancel the long-running procedural, which will end its run at 20 seasons, tied with Gunsmoke.
  • I hear that after long deliberations, NBC has decided to cancel the long-running procedural, which will end its run at 20 seasons, tied with Gunsmoke.
  • I hear that after long deliberations, NBC has decided to cancel the long-running procedural, which will end its run at 20 seasons, tied with Gunsmoke.
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    L&O may be headed to TNT following fall out with NBC. What happens to L&O Los Angeles.
kkholland

For Microsoft and Xbox, Focus Shifts From Game to Video - NYTimes.com - 0 views

  • Executives at Microsoft are fond of saying that its subscription gaming service, Xbox Live, should be thought of as a cable channel.
  • The company is even producing shows for users: it is in the middle of the second season of “1 vs. 100,” an interactive version of a game show that was on NBC.The content ambitions do not end there. Microsoft has held in-depth talks with the Walt Disney Company about a programming deal with ESPN, according to people close to the talks, who requested anonymity because the talks were intended to be private.
  • For a per-subscriber fee, ESPN could provide live streams of sporting events, similar to the ones available through ESPN 360,
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  • Similarly, users of the Sony PlayStation can tune into BBC shows and see Weather Channel updates, as well as stream Netflix. Last week, Netflix extended its streaming service to the Nintendo Wii.
  • console makers have a significant head start. Nearly 60 percent of American homes now have at least one console, according to the consulting firm Deloitte, up from 44 percent three years ago.
  • In November, Nielsen started to track “1 vs. 100” play and ad views. The pilot program “is the tip of the iceberg,” said Gerardo Guzman, a director for Nielsen Games; eventually, he hopes to generate TV-style ratings.Mr. Kroese said Xbox advertisers were “very interested in being able to compare the media buy on Xbox to other media buys they do.”
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    The XBox moves into cable TV turf. What does it mean for the industry?
scwalton

FCC Clarifies Application of the Multiple Ownership Rules After the Digital Transition ... - 0 views

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    "The context of this decision is interesting, in that the issue arose in the restructuring of Nassau Broadcasting, where its creditors were to take a controlling position in the company in exchange for a release of some of the company's debt. However, the new ownership position of its creditors, where their interests became attributable for the first time, required multiple ownership reviews in several markets, as these same investors were owners, or holders of significant debt (triggering an EDP issue) in other companies holding radio or TV licenses in nearby markets."
kkholland

Investors Urge FCC to Relax Media-Ownership Rules - WSJ.com - 0 views

  • "We have so many other voices out there, [loosening ownership limits] does not stifle the free exchange of ideas out there anymore," said Rick Peters, president of Bluewater Broadcasting, a small Montgomery, Ala.-based radio company
  • FCC officials are looking at what the agency can do to improve the health of the newspapers, TV and radio stations, which continue to lose customers and advertising revenue to online competitors.
  • "Debt and equity providers are largely disinterested in media and broadcast properties," said Brian Rich, managing partner at Catalyst Investors, a New York private-equity fund.
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  • Former FCC Chairman Kevin Martin ran into strong opposition from Democrats in 2007 when he proposed relatively modest changes to a long-standing rule that barred companies from owning both a newspaper and TV or radio station in the same city. The proposal was eventually adopted but almost immediately challenged by activists in a federal appeals court, where it remains pending.
  • After the workshop, a nonprofit interest group opposed to media consolidation, Free Press, released a statement expressing disappointment that the FCC did not include the views of consumer advocates on the panel. In a statement, an FCC spokeswoman said the workshop was focused on broadcasters' access to financing and was "one in a series we will hold throughout the proceeding."
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    "Media-ownership rules should be loosened to allow more consolidation and attract capital to the industry, representatives of the investment community said Tuesday at a Federal Communications Commission workshop on how the agency might change ownership rules later this year."
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    At an FCC workshop, industry representatives argue for relaxed media-ownership rules to allow more consolidation and to attract capital to the industry. FCC officials are looking at what the agency can do to improve the health of the newspapers, TV and radio stations, which continue to lose customers and advertising revenue to online competitors.
kkholland

Could Court's Campaign Finance Ruling Affect Net Neutrality? - PCWorld - 0 views

  • Under the FCC's proposed net neutrality rules, broadband providers would be prohibited from discriminating against any legal Web content and applications. Some net neutrality opponents have argued that the FCC, by forcing them to carry other content, would violate their free-speech rights, and the Citizens United ruling makes that a stronger argument.
  • An FCC spokeswoman declined to comment on the Citizens United case, but Wendy is not alone in making this free-speech argument against net neutrality. Even before the Citizens United ruling, some conservative think tanks, the National Cable and Telecommunications Association and constitutional law professor Laurence Tribe have made similar
  • Free Press' Wright said those arguments confuse the role that ISPs have as Web site publishers with their role as network operators. She acknowledged that broadband providers have limited functions, such as publishing their own Web sites or blogs, that enjoy free-speech rights.
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  • But the net neutrality rules as proposed would create no limits on the ability of ISPs to publish their own Web sites, she said. The arguments that the ISPs' traffic-carrying role is speech is "so fundamentally at odds with the facts in the law," Wright said.
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    Will the Citizens United ruling impact net neutrality? This article explores the arguments on both sides, as well as the role of an ISP.
anonymous

The merger message - latimes.com - 0 views

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    Merger between Ticketmaster and Live Nation, two of the major concert ticket vendors in the US, was approved by the US Justice Department. Consumer groups, independent promoters and ticket brokers all urged the department to block the deal, warning that it would give the resulting company the power to dictate terms for live entertainment at the expense of venues, artists and consumers. The companies argued that combining their ticketing and promotions arms would enable them to offer better services to venues and acts, and better value to fans.
kkholland

Op-Ed Contributor - Ending the Internet's Trench Warfare - NYTimes.com - 0 views

  • Affordability is the hard part — because there is no competition pushing down prices. The plan acknowledges that only 15 percent of homes will have a choice in providers, and then only between Verizon’s FiOS fiber-optic network and the local cable company. (AT&T’s “fiber” offering is merely souped-up DSL transmitted partly over its old copper wires, which can’t compete at these higher speeds.) The remaining 85 percent will have no choice at all.
  • significant reason that other countries had managed to both expand access and lower rates over the last decade was a commitment to open-access policies, requiring companies that build networks to sell access to rivals that then invest in, and compete on, the network.
  • These countries realize that innovation happens in electronics and services — not in laying cable.
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    Op Ed Exploring the rates and speeds available in other countries, and the fact that the United States has among the slowest speeds and the highest prices of advanced economies. Also discusses the proposed FCC National Broadband Plan.
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