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Well, here's the hot story -- Tom Cruise was hanging around in Entourage star Jeremy Piven's bathroom. But more on that in a moment.

In other news, and there wasn't that much, FCC Chairman Kevin Martin said he drew a distinction between content shifted around a home network, and content shift outside, also known as piracy. In his Q&A with CEA Pres. Gary Shapiro, Martin endorsed allowing consumers to have some control over the music and other material they purchase.

Martin didn't elaborate on the crucial question of how that distinction should be made, such as does the "home" also extend to your PSP in your car, or how content should be treated differently to make sure it stays in the approved environment, but not into the non-approved sectors. In the unofficial gaggle Q&A with reporters (and other interested observers) following the event, Martin elaborated only to say that the content protection issue should be viewed in the context as a balance between the needs of consumers and the needs of content providers.

In asking Congress to give the Commission authority to reimpose the overturned broadcast flag (and we all know who brought the case that led to said overturning), Martin said he asked for authority over digital TV and digital radio because they are versions of Internet Protocol-based services and as such are sufficiently alike.

He declined to say exactly what the FCC would do with any new authority, saying the decision over jurisdiction was now in other hands, that is, with Congress.

Martin also spoke at length on net neutrality and defended the FCC's decision to have only principles enforcing the concept, not actual rules. Martin said consumers should have the ability to access any content, and service providers have the right to sell differentiated services. He said he didn't want to do a formal rulemaking in the absence of any evidence of blockage.

However, Martin didn't directly answer the question about the network side of net neutrality -- whether service providers can cut deals with network operators to have higher speeds than other similar providers. The WSJ had a good lead story on that today. He said one factor to be considered in the issue included consumer experience and expectations for the "baseline of access" that consumers now experience and went back to his baseline argument in favor of product differentiation on the consumer side.

And now to our top story. In the battle of the stars going on here, it was Yahoo! which brought out Cruise as Chairman Terry Semel exploited his Hollywood connections and they schmoozed about the glories of Yahoo! and, not coincidentally, showed a trailer for Cruise's new Mission: Impossible 3 flick coming out in May. Showed it twice in fact, responding to audience demand.

After the sessions, Cruise went out to the Yahoo! hut in the Convention Center parking lot. Among the little house on the asphalt's features is a bathroom equipped with video-display-enabled mirrors. The bathroom is a copy of one owned in real life by Jeremy Piven, one of the Entourage stars. We saw him the other night, looking quite scruffy but still recognizable. Yahoo! announced a bunch of new mobile apps in conjunction with Cingular-ATT allowing users who pay the additional cost of wireless broadband to check Yahoo! mail and other Yahoo! features.

Ellen DeGeneres did a few minutes of stand-up during the Yahoo! presentation. Noting the presence of the adult video convention at the Sands going on now, she said that the difference between that one and CES is that at CES, the emphasis is on making things smaller.

Larry Page from Google speaks later, and if says anything of interest or import, we'll let you know.

You've been a lovely audience.

rgds,

Art

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Well, here's the hot story -- Tom Cruise was hanging around in Entourage star Jeremy Piven's bathroom. But more on that in a moment.

In other news, and there wasn't that much, FCC Chairman Kevin Martin said he drew a distinction between content shifted around a home network, and content shift outside, also known as piracy. In his Q&A with CEA Pres. Gary Shapiro, Martin endorsed allowing consumers to have some control over the music and other material they purchase.

Martin didn't elaborate on the crucial question of how that distinction should be made, such as does the "home" also extend to your PSP in your car, or how content should be treated differently to make sure it stays in the approved environment, but not into the non-approved sectors. In the unofficial gaggle Q&A with reporters (and other interested observers) following the event, Martin elaborated only to say that the content protection issue should be viewed in the context as a balance between the needs of consumers and the needs of content providers.

In asking Congress to give the Commission authority to reimpose the overturned broadcast flag (and we all know who brought the case that led to said overturning), Martin said he asked for authority over digital TV and digital radio because they are versions of Internet Protocol-based services and as such are sufficiently alike.

He declined to say exactly what the FCC would do with any new authority, saying the decision over jurisdiction was now in other hands, that is, with Congress.

Martin also spoke at length on net neutrality and defended the FCC's decision to have only principles enforcing the concept, not actual rules. Martin said consumers should have the ability to access any content, and service providers have the right to sell differentiated services. He said he didn't want to do a formal rulemaking in the absence of any evidence of blockage.

However, Martin didn't directly answer the question about the network side of net neutrality -- whether service providers can cut deals with network operators to have higher speeds than other similar providers. The WSJ had a good lead story on that today. He said one factor to be considered in the issue included consumer experience and expectations for the "baseline of access" that consumers now experience and went back to his baseline argument in favor of product differentiation on the consumer side.

And now to our top story. In the battle of the stars going on here, it was Yahoo! which brought out Cruise as Chairman Terry Semel exploited his Hollywood connections and they schmoozed about the glories of Yahoo! and, not coincidentally, showed a trailer for Cruise's new Mission: Impossible 3 flick coming out in May. Showed it twice in fact, responding to audience demand.

After the sessions, Cruise went out to the Yahoo! hut in the Convention Center parking lot. Among the little house on the asphalt's features is a bathroom equipped with video-display-enabled mirrors. The bathroom is a copy of one owned in real life by Jeremy Piven, one of the Entourage stars. We saw him the other night, looking quite scruffy but still recognizable. Yahoo! announced a bunch of new mobile apps in conjunction with Cingular-ATT allowing users who pay the additional cost of wireless broadband to check Yahoo! mail and other Yahoo! features.

Ellen DeGeneres did a few minutes of stand-up during the Yahoo! presentation. Noting the presence of the adult video convention at the Sands going on now, she said that the difference between that one and CES is that at CES, the emphasis is on making things smaller.

Larry Page from Google speaks later, and if says anything of interest or import, we'll let you know.

You've been a lovely audience.

rgds,

Art

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

Well, here's the hot story -- Tom Cruise was hanging around in Entourage star Jeremy Piven's bathroom. But more on that in a moment.

In other news, and there wasn't that much, FCC Chairman Kevin Martin said he drew a distinction between content shifted around a home network, and content shift outside, also known as piracy. In his Q&A with CEA Pres. Gary Shapiro, Martin endorsed allowing consumers to have some control over the music and other material they purchase.

Martin didn't elaborate on the crucial question of how that distinction should be made, such as does the "home" also extend to your PSP in your car, or how content should be treated differently to make sure it stays in the approved environment, but not into the non-approved sectors. In the unofficial gaggle Q&A with reporters (and other interested observers) following the event, Martin elaborated only to say that the content protection issue should be viewed in the context as a balance between the needs of consumers and the needs of content providers.

In asking Congress to give the Commission authority to reimpose the overturned broadcast flag (and we all know who brought the case that led to said overturning), Martin said he asked for authority over digital TV and digital radio because they are versions of Internet Protocol-based services and as such are sufficiently alike.

He declined to say exactly what the FCC would do with any new authority, saying the decision over jurisdiction was now in other hands, that is, with Congress.

Martin also spoke at length on net neutrality and defended the FCC's decision to have only principles enforcing the concept, not actual rules. Martin said consumers should have the ability to access any content, and service providers have the right to sell differentiated services. He said he didn't want to do a formal rulemaking in the absence of any evidence of blockage.

However, Martin didn't directly answer the question about the network side of net neutrality -- whether service providers can cut deals with network operators to have higher speeds than other similar providers. The WSJ had a good lead story on that today. He said one factor to be considered in the issue included consumer experience and expectations for the "baseline of access" that consumers now experience and went back to his baseline argument in favor of product differentiation on the consumer side.

And now to our top story. In the battle of the stars going on here, it was Yahoo! which brought out Cruise as Chairman Terry Semel exploited his Hollywood connections and they schmoozed about the glories of Yahoo! and, not coincidentally, showed a trailer for Cruise's new Mission: Impossible 3 flick coming out in May. Showed it twice in fact, responding to audience demand.

After the sessions, Cruise went out to the Yahoo! hut in the Convention Center parking lot. Among the little house on the asphalt's features is a bathroom equipped with video-display-enabled mirrors. The bathroom is a copy of one owned in real life by Jeremy Piven, one of the Entourage stars. We saw him the other night, looking quite scruffy but still recognizable. Yahoo! announced a bunch of new mobile apps in conjunction with Cingular-ATT allowing users who pay the additional cost of wireless broadband to check Yahoo! mail and other Yahoo! features.

Ellen DeGeneres did a few minutes of stand-up during the Yahoo! presentation. Noting the presence of the adult video convention at the Sands going on now, she said that the difference between that one and CES is that at CES, the emphasis is on making things smaller.

Larry Page from Google speaks later, and if says anything of interest or import, we'll let you know.

You've been a lovely audience.

rgds,

Art

[#printed] => 1 ) [links] => Array ( ) )

• Tweet
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An all-Republican panel of legislators finally got to the heart of what's important here at CES. Of course, I mean fair use. What else is there, right? We couldn't find out where the Ds were.

Rep. Darrel Issa (R-Cal.), member of the House Judiciary Committee, called for Congress to enact legislation to specify what exactly fair use means. Issa said the Digital Millennium Copyright Act was flaws because it didn't make more clear the fair use concept, and created the misimpression that fair use had been taken away. The law, he said, created the odd situation in which he, personally, could use software to hack a program to make a legal copy of something, but that he couldn't use tools devised by others for the same purpose.

What's needed, Issa said, is an "acceptable, enforceable" level of fair use for today that is in line with the expectations of consumers. Congress should act on the issue "sooner rather than later" because of the speed with which consumer devices can interact and share material. "The genie is already out of the bottle with MP3s," he said. "We need to lock in something close to what the public will accept," Issa said, adding that both sides [tech and content] are losing every day as the public keeps advancing its idea of what constitutes fair use, which may not comport with what either industry had in mind.

Issa said that a fair use system could include allow "a little bit of copying" but not commercial transfers. He said levels would need to be set for fair use, but didn't offer a specific suggestion. Issa also said a software "flag" could be used to enforce the personal copying aspect of fair use.

House Telecommunications and Internet Subcommittee Chairman Fred Upton (R-Mich.), said that if the Judiciary panel got serious about a bill, his committee would take a look at it, but said also that it wasn't high on the food chain: "I don't know if the controversy can be resolved this legislative term." Among other items, the telecom rewrite will take precedence, that that will take place over the first half of the year.

The panel also tackled the issue of net neutrality, with Upton and others endorsing a market place solution. Rep. Steve Buyer (R-Ind.) in particular argued vigorously against new regulations for net neutrality or for other telecom issues, including subsidies for the DTV transition.

Rep. Charlie Bass (R-N.H.), was more protective of rural areas, noting that in some towns consumers don't have a choice of broadband services.

Other notes: Gary Shapiro's speech hasn't been posted to the Web yet. When it is, it will be here: http://www.cesweb.org/attendees/conferences/keynotes.asp

The lights were out in the theatre during the speech, and it may be my note-taking skills are a little rusty, so check out the transcript when it gets posted.

We caught up with Verizon Chmn. Ivan Seidenberg for a couple of minutes to ask about the Ed Whitacre controversy. Seidenberg's view was that companies like Google and Yahoo "make markets for us" by increasing demand for high-speed services. However, he still expressed concern over the fact that Verizon works on a subscription basis, while Google and others have an advertising base. "That's something we need to work out," he said, ending a brief but cordial conversation. Another Seidenberg quote -- He started his presentation by noting that most people in the audience probably had at least one, and maybe more, cell phones or other devices with them, said: "Please turn them on." He likes to hear them working.

Having just recovered from seeing Tom Hanks, we were absolutely thrilled by the rumor that Tom Cruise will make an appearance on behalf of Google tomorrow. No word if true, or, if true, whether he will bring his own couch on which to jump.

rgds,

Art

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An all-Republican panel of legislators finally got to the heart of what's important here at CES. Of course, I mean fair use. What else is there, right? We couldn't find out where the Ds were.

Rep. Darrel Issa (R-Cal.), member of the House Judiciary Committee, called for Congress to enact legislation to specify what exactly fair use means. Issa said the Digital Millennium Copyright Act was flaws because it didn't make more clear the fair use concept, and created the misimpression that fair use had been taken away. The law, he said, created the odd situation in which he, personally, could use software to hack a program to make a legal copy of something, but that he couldn't use tools devised by others for the same purpose.

What's needed, Issa said, is an "acceptable, enforceable" level of fair use for today that is in line with the expectations of consumers. Congress should act on the issue "sooner rather than later" because of the speed with which consumer devices can interact and share material. "The genie is already out of the bottle with MP3s," he said. "We need to lock in something close to what the public will accept," Issa said, adding that both sides [tech and content] are losing every day as the public keeps advancing its idea of what constitutes fair use, which may not comport with what either industry had in mind.

Issa said that a fair use system could include allow "a little bit of copying" but not commercial transfers. He said levels would need to be set for fair use, but didn't offer a specific suggestion. Issa also said a software "flag" could be used to enforce the personal copying aspect of fair use.

House Telecommunications and Internet Subcommittee Chairman Fred Upton (R-Mich.), said that if the Judiciary panel got serious about a bill, his committee would take a look at it, but said also that it wasn't high on the food chain: "I don't know if the controversy can be resolved this legislative term." Among other items, the telecom rewrite will take precedence, that that will take place over the first half of the year.

The panel also tackled the issue of net neutrality, with Upton and others endorsing a market place solution. Rep. Steve Buyer (R-Ind.) in particular argued vigorously against new regulations for net neutrality or for other telecom issues, including subsidies for the DTV transition.

Rep. Charlie Bass (R-N.H.), was more protective of rural areas, noting that in some towns consumers don't have a choice of broadband services.

Other notes: Gary Shapiro's speech hasn't been posted to the Web yet. When it is, it will be here: http://www.cesweb.org/attendees/conferences/keynotes.asp

The lights were out in the theatre during the speech, and it may be my note-taking skills are a little rusty, so check out the transcript when it gets posted.

We caught up with Verizon Chmn. Ivan Seidenberg for a couple of minutes to ask about the Ed Whitacre controversy. Seidenberg's view was that companies like Google and Yahoo "make markets for us" by increasing demand for high-speed services. However, he still expressed concern over the fact that Verizon works on a subscription basis, while Google and others have an advertising base. "That's something we need to work out," he said, ending a brief but cordial conversation. Another Seidenberg quote -- He started his presentation by noting that most people in the audience probably had at least one, and maybe more, cell phones or other devices with them, said: "Please turn them on." He likes to hear them working.

Having just recovered from seeing Tom Hanks, we were absolutely thrilled by the rumor that Tom Cruise will make an appearance on behalf of Google tomorrow. No word if true, or, if true, whether he will bring his own couch on which to jump.

rgds,

Art

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

An all-Republican panel of legislators finally got to the heart of what's important here at CES. Of course, I mean fair use. What else is there, right? We couldn't find out where the Ds were.

Rep. Darrel Issa (R-Cal.), member of the House Judiciary Committee, called for Congress to enact legislation to specify what exactly fair use means. Issa said the Digital Millennium Copyright Act was flaws because it didn't make more clear the fair use concept, and created the misimpression that fair use had been taken away. The law, he said, created the odd situation in which he, personally, could use software to hack a program to make a legal copy of something, but that he couldn't use tools devised by others for the same purpose.

What's needed, Issa said, is an "acceptable, enforceable" level of fair use for today that is in line with the expectations of consumers. Congress should act on the issue "sooner rather than later" because of the speed with which consumer devices can interact and share material. "The genie is already out of the bottle with MP3s," he said. "We need to lock in something close to what the public will accept," Issa said, adding that both sides [tech and content] are losing every day as the public keeps advancing its idea of what constitutes fair use, which may not comport with what either industry had in mind.

Issa said that a fair use system could include allow "a little bit of copying" but not commercial transfers. He said levels would need to be set for fair use, but didn't offer a specific suggestion. Issa also said a software "flag" could be used to enforce the personal copying aspect of fair use.

House Telecommunications and Internet Subcommittee Chairman Fred Upton (R-Mich.), said that if the Judiciary panel got serious about a bill, his committee would take a look at it, but said also that it wasn't high on the food chain: "I don't know if the controversy can be resolved this legislative term." Among other items, the telecom rewrite will take precedence, that that will take place over the first half of the year.

The panel also tackled the issue of net neutrality, with Upton and others endorsing a market place solution. Rep. Steve Buyer (R-Ind.) in particular argued vigorously against new regulations for net neutrality or for other telecom issues, including subsidies for the DTV transition.

Rep. Charlie Bass (R-N.H.), was more protective of rural areas, noting that in some towns consumers don't have a choice of broadband services.

Other notes: Gary Shapiro's speech hasn't been posted to the Web yet. When it is, it will be here: http://www.cesweb.org/attendees/conferences/keynotes.asp

The lights were out in the theatre during the speech, and it may be my note-taking skills are a little rusty, so check out the transcript when it gets posted.

We caught up with Verizon Chmn. Ivan Seidenberg for a couple of minutes to ask about the Ed Whitacre controversy. Seidenberg's view was that companies like Google and Yahoo "make markets for us" by increasing demand for high-speed services. However, he still expressed concern over the fact that Verizon works on a subscription basis, while Google and others have an advertising base. "That's something we need to work out," he said, ending a brief but cordial conversation. Another Seidenberg quote -- He started his presentation by noting that most people in the audience probably had at least one, and maybe more, cell phones or other devices with them, said: "Please turn them on." He likes to hear them working.

Having just recovered from seeing Tom Hanks, we were absolutely thrilled by the rumor that Tom Cruise will make an appearance on behalf of Google tomorrow. No word if true, or, if true, whether he will bring his own couch on which to jump.

rgds,

Art

[#printed] => 1 ) [links] => Array ( ) )

• Tweet
• Share / Email

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For those of you who can't share the glory and the traffic of being in CES, here's the first of occasional updates.

CEA President Gary Shapiro opened the convention with a strong push for protection of fair use and innovation. While he said the consumer electronics industry wants to work with content providers, and doesn't favor piracy or illicit file-sharing, Shapiro said consumers must be able to retain the right to time-shift and place-shift.

He also made a strong pitch for the importance of network neutrality, saying consumers should have unfettered access to content and that proprietary systems shouldn't block access.

This is, of course, the first show in which the music industry is participating, showcasing legal download systems. And MPAA Pres. Dan Glickman and many of his senior staff are expected to come for a tour.

Meanwhile Verizon Chairman Ivan Seidenberg presented a company philosophy which generally showed a more conciliatory attitude to net neutrality than has AT&T Chairman Edward Whitacre. Whitacre famously said he was spending money to build broadband networks, and didn't see why Google, Yahoo and others should use it for free.

Seidenberg and his staff said they see their network as a platform for innovation. Adriana Rizzo, who made the presentation on Verizon's video networking and phone products, said after the presentation the Seidenberg generally takes a more conciliatory attitude toward the network. I wasn't able to catch up with Seidenberg after his presentation to ask for more details.

Sony Chairman Howard Stringer, Sir Howard Stringer to his peers, also made a strong pitch for the ability to shift music and video among devices, including the Playstation Portable. His staff shows a demonstration of devices that allow home TV to be viewed anywhere around the world.

Stringer also made a brief mention of the Sony-BMG copy protection fiasco, saying the content community and tech community misunderstand each other from time to time. But, he said, "that's the definition of marriage."

His star-studded presentation included DaVinci Code author Dan Brown endorsing the new Sony e-reader, and Tom Hanks, director Ron Howard and producer Brian Grazer talking about HD production of movies, including their latest project, the Da Vinci Code.

rgds,

Art

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For those of you who can't share the glory and the traffic of being in CES, here's the first of occasional updates.

CEA President Gary Shapiro opened the convention with a strong push for protection of fair use and innovation. While he said the consumer electronics industry wants to work with content providers, and doesn't favor piracy or illicit file-sharing, Shapiro said consumers must be able to retain the right to time-shift and place-shift.

He also made a strong pitch for the importance of network neutrality, saying consumers should have unfettered access to content and that proprietary systems shouldn't block access.

This is, of course, the first show in which the music industry is participating, showcasing legal download systems. And MPAA Pres. Dan Glickman and many of his senior staff are expected to come for a tour.

Meanwhile Verizon Chairman Ivan Seidenberg presented a company philosophy which generally showed a more conciliatory attitude to net neutrality than has AT&T Chairman Edward Whitacre. Whitacre famously said he was spending money to build broadband networks, and didn't see why Google, Yahoo and others should use it for free.

Seidenberg and his staff said they see their network as a platform for innovation. Adriana Rizzo, who made the presentation on Verizon's video networking and phone products, said after the presentation the Seidenberg generally takes a more conciliatory attitude toward the network. I wasn't able to catch up with Seidenberg after his presentation to ask for more details.

Sony Chairman Howard Stringer, Sir Howard Stringer to his peers, also made a strong pitch for the ability to shift music and video among devices, including the Playstation Portable. His staff shows a demonstration of devices that allow home TV to be viewed anywhere around the world.

Stringer also made a brief mention of the Sony-BMG copy protection fiasco, saying the content community and tech community misunderstand each other from time to time. But, he said, "that's the definition of marriage."

His star-studded presentation included DaVinci Code author Dan Brown endorsing the new Sony e-reader, and Tom Hanks, director Ron Howard and producer Brian Grazer talking about HD production of movies, including their latest project, the Da Vinci Code.

rgds,

Art

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

For those of you who can't share the glory and the traffic of being in CES, here's the first of occasional updates.

CEA President Gary Shapiro opened the convention with a strong push for protection of fair use and innovation. While he said the consumer electronics industry wants to work with content providers, and doesn't favor piracy or illicit file-sharing, Shapiro said consumers must be able to retain the right to time-shift and place-shift.

He also made a strong pitch for the importance of network neutrality, saying consumers should have unfettered access to content and that proprietary systems shouldn't block access.

This is, of course, the first show in which the music industry is participating, showcasing legal download systems. And MPAA Pres. Dan Glickman and many of his senior staff are expected to come for a tour.

Meanwhile Verizon Chairman Ivan Seidenberg presented a company philosophy which generally showed a more conciliatory attitude to net neutrality than has AT&T Chairman Edward Whitacre. Whitacre famously said he was spending money to build broadband networks, and didn't see why Google, Yahoo and others should use it for free.

Seidenberg and his staff said they see their network as a platform for innovation. Adriana Rizzo, who made the presentation on Verizon's video networking and phone products, said after the presentation the Seidenberg generally takes a more conciliatory attitude toward the network. I wasn't able to catch up with Seidenberg after his presentation to ask for more details.

Sony Chairman Howard Stringer, Sir Howard Stringer to his peers, also made a strong pitch for the ability to shift music and video among devices, including the Playstation Portable. His staff shows a demonstration of devices that allow home TV to be viewed anywhere around the world.

Stringer also made a brief mention of the Sony-BMG copy protection fiasco, saying the content community and tech community misunderstand each other from time to time. But, he said, "that's the definition of marriage."

His star-studded presentation included DaVinci Code author Dan Brown endorsing the new Sony e-reader, and Tom Hanks, director Ron Howard and producer Brian Grazer talking about HD production of movies, including their latest project, the Da Vinci Code.

rgds,

Art

[#printed] => 1 ) [links] => Array ( ) )

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Well, there's been a brief hiatus on the Policy Blog, and that's because we've actually been pretty busy at PK. Here's a quick rundown of what we've been up to:

• Testifying on the Broadcast Flag: Gigi's first hearing in November was on the broadcast flag, HD-radio protection, and closing the analog hole. Read more about the hearing here, our press release here, and Gigi's testimony here.

• Telecom Rewrite process: I've told you about our Open Broadband white paper previously. We've been working with others to voice concern about issues like net neutrality in the rewrite of the '96 Telecommunications Act. There was a House Telecommunications Subcommittee hearing on Nov. 9, and this is what we had to say about the hearing and the latest staff draft.

• DOJ Copyright Proposals: Seemingly out of the blue, the Department of Justice released its recommendations on how copyright law could be "improved" to aid their enforcement efforts. While PK believes in strong copyright enforcement, we disagree with the suggested changes by the DOJ. Here's what we had to say about it.

• Testifying on Fair Use: Gigi's second hearing of November was on the fair use doctrine of copyright law. The hearing was held in the House Subcommittee on Commerce, Trade and Consumer Protection, of the Energy and Commerce Committee. Gigi's oral and written testimony are on our website, and you can view the webcast from the subcommittee's website.

• Follow-up Letter: As a follow-up to the fair use hearing, Chairman Stearns asked us to provide him with list of examples of consumer uses that are prohibited by the DMCA. We sent him that letter on Nov. 21, providing examples from Gigi's testimony and some important others.

Whew, quite a month! Rest assured, new posts are coming!

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Well, there's been a brief hiatus on the Policy Blog, and that's because we've actually been pretty busy at PK. Here's a quick rundown of what we've been up to:

• Testifying on the Broadcast Flag: Gigi's first hearing in November was on the broadcast flag, HD-radio protection, and closing the analog hole. Read more about the hearing here, our press release here, and Gigi's testimony here.

• Telecom Rewrite process: I've told you about our Open Broadband white paper previously. We've been working with others to voice concern about issues like net neutrality in the rewrite of the '96 Telecommunications Act. There was a House Telecommunications Subcommittee hearing on Nov. 9, and this is what we had to say about the hearing and the latest staff draft.

• DOJ Copyright Proposals: Seemingly out of the blue, the Department of Justice released its recommendations on how copyright law could be "improved" to aid their enforcement efforts. While PK believes in strong copyright enforcement, we disagree with the suggested changes by the DOJ. Here's what we had to say about it.

• Testifying on Fair Use: Gigi's second hearing of November was on the fair use doctrine of copyright law. The hearing was held in the House Subcommittee on Commerce, Trade and Consumer Protection, of the Energy and Commerce Committee. Gigi's oral and written testimony are on our website, and you can view the webcast from the subcommittee's website.

• Follow-up Letter: As a follow-up to the fair use hearing, Chairman Stearns asked us to provide him with list of examples of consumer uses that are prohibited by the DMCA. We sent him that letter on Nov. 21, providing examples from Gigi's testimony and some important others.

Whew, quite a month! Rest assured, new posts are coming!

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

Well, there's been a brief hiatus on the Policy Blog, and that's because we've actually been pretty busy at PK. Here's a quick rundown of what we've been up to:

• Testifying on the Broadcast Flag: Gigi's first hearing in November was on the broadcast flag, HD-radio protection, and closing the analog hole. Read more about the hearing here, our press release here, and Gigi's testimony here.

• Telecom Rewrite process: I've told you about our Open Broadband white paper previously. We've been working with others to voice concern about issues like net neutrality in the rewrite of the '96 Telecommunications Act. There was a House Telecommunications Subcommittee hearing on Nov. 9, and this is what we had to say about the hearing and the latest staff draft.

• DOJ Copyright Proposals: Seemingly out of the blue, the Department of Justice released its recommendations on how copyright law could be "improved" to aid their enforcement efforts. While PK believes in strong copyright enforcement, we disagree with the suggested changes by the DOJ. Here's what we had to say about it.

• Testifying on Fair Use: Gigi's second hearing of November was on the fair use doctrine of copyright law. The hearing was held in the House Subcommittee on Commerce, Trade and Consumer Protection, of the Energy and Commerce Committee. Gigi's oral and written testimony are on our website, and you can view the webcast from the subcommittee's website.

• Follow-up Letter: As a follow-up to the fair use hearing, Chairman Stearns asked us to provide him with list of examples of consumer uses that are prohibited by the DMCA. We sent him that letter on Nov. 21, providing examples from Gigi's testimony and some important others.

Whew, quite a month! Rest assured, new posts are coming!

[#printed] => 1 ) [links] => Array ( ) )

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So there is quite a bit going on on the Hill that PK has its hands in, let’s take a look at some of the issues:

• Broadcast Flag and Digital Audio Flag: All the Hill is abuzz on rumors about the broadcast flag—again. The thing just won’t die. This time, it sounds like the MPAA is pairing up with the RIAA to push a super-flag bill in the Senate Commerce Committee. The MPAA wants Congress to authorize the FCC to implement a broadcast flag scheme, but they leave it open as to exactly what “regulation” gets implemented. What would happen if it was the broadcast flag, but without the 13 incompatible “approved technologies,” or if MPAA was part of the approval process? The RIAA wants to add a provision that the FCC itself ended-up slapped down to allow for copy-protected digital radio—a broadcast audio flag—if you will. The vehicle for all of this is rumored to be a separate DTV bill. More on that later…

• Senate Grokster Hearing: The Senate Judiciary will finally be getting back to that hearing on Grokster they originally scheduled before the US Supreme Court nominations. It hasn’t been posted to their website yet, but it’s supposed to take place next Wednesday, Sept. 28. There will likely be a webcast, so keep your eyes on the Senate Judiciary website if you want to look in on it. No official witness list, yet.

• Telecom Bill: I’ve posted on it here and here, but the Telecom Bill will be the big issue for at least the next year.

• Trademark Dilution: The issue of dilution of a trademark is an interesting one, that many don’t know about. If you start with the basics of trademark—a system rooted in consumer protection as opposed to copyright or patent which stems from promoting innovation by establishing limited monopolies for creators and inventors—then you should really question the concept of dilution. Trademark is supposed to be used to prevent consumer confusion. The theory of dilution changes traditional trademark law by asking if the use of a mark, even in non-competitive markets, causes the mark to lose its association with a singular source or company, regardless of consumer confusion. Learn more about HR 683: The Trademark Dilution Revision Act of 2005. Here’s what the US Supreme Court had to say on the issue.

• WIPO Broadcast Treaty: Although PK hasn't had much action in the international sphere, we want to point your attention to EFF's action on the WIPO's Treaty on the Protection of Broadcasting Organizations. You can find out more about it here

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So there is quite a bit going on on the Hill that PK has its hands in, let’s take a look at some of the issues:

• Broadcast Flag and Digital Audio Flag: All the Hill is abuzz on rumors about the broadcast flag—again. The thing just won’t die. This time, it sounds like the MPAA is pairing up with the RIAA to push a super-flag bill in the Senate Commerce Committee. The MPAA wants Congress to authorize the FCC to implement a broadcast flag scheme, but they leave it open as to exactly what “regulation” gets implemented. What would happen if it was the broadcast flag, but without the 13 incompatible “approved technologies,” or if MPAA was part of the approval process? The RIAA wants to add a provision that the FCC itself ended-up slapped down to allow for copy-protected digital radio—a broadcast audio flag—if you will. The vehicle for all of this is rumored to be a separate DTV bill. More on that later…

• Senate Grokster Hearing: The Senate Judiciary will finally be getting back to that hearing on Grokster they originally scheduled before the US Supreme Court nominations. It hasn’t been posted to their website yet, but it’s supposed to take place next Wednesday, Sept. 28. There will likely be a webcast, so keep your eyes on the Senate Judiciary website if you want to look in on it. No official witness list, yet.

• Telecom Bill: I’ve posted on it here and here, but the Telecom Bill will be the big issue for at least the next year.

• Trademark Dilution: The issue of dilution of a trademark is an interesting one, that many don’t know about. If you start with the basics of trademark—a system rooted in consumer protection as opposed to copyright or patent which stems from promoting innovation by establishing limited monopolies for creators and inventors—then you should really question the concept of dilution. Trademark is supposed to be used to prevent consumer confusion. The theory of dilution changes traditional trademark law by asking if the use of a mark, even in non-competitive markets, causes the mark to lose its association with a singular source or company, regardless of consumer confusion. Learn more about HR 683: The Trademark Dilution Revision Act of 2005. Here’s what the US Supreme Court had to say on the issue.

• WIPO Broadcast Treaty: Although PK hasn't had much action in the international sphere, we want to point your attention to EFF's action on the WIPO's Treaty on the Protection of Broadcasting Organizations. You can find out more about it here

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

So there is quite a bit going on on the Hill that PK has its hands in, let’s take a look at some of the issues:

• Broadcast Flag and Digital Audio Flag: All the Hill is abuzz on rumors about the broadcast flag—again. The thing just won’t die. This time, it sounds like the MPAA is pairing up with the RIAA to push a super-flag bill in the Senate Commerce Committee. The MPAA wants Congress to authorize the FCC to implement a broadcast flag scheme, but they leave it open as to exactly what “regulation” gets implemented. What would happen if it was the broadcast flag, but without the 13 incompatible “approved technologies,” or if MPAA was part of the approval process? The RIAA wants to add a provision that the FCC itself ended-up slapped down to allow for copy-protected digital radio—a broadcast audio flag—if you will. The vehicle for all of this is rumored to be a separate DTV bill. More on that later…

• Senate Grokster Hearing: The Senate Judiciary will finally be getting back to that hearing on Grokster they originally scheduled before the US Supreme Court nominations. It hasn’t been posted to their website yet, but it’s supposed to take place next Wednesday, Sept. 28. There will likely be a webcast, so keep your eyes on the Senate Judiciary website if you want to look in on it. No official witness list, yet.

• Telecom Bill: I’ve posted on it here and here, but the Telecom Bill will be the big issue for at least the next year.

• Trademark Dilution: The issue of dilution of a trademark is an interesting one, that many don’t know about. If you start with the basics of trademark—a system rooted in consumer protection as opposed to copyright or patent which stems from promoting innovation by establishing limited monopolies for creators and inventors—then you should really question the concept of dilution. Trademark is supposed to be used to prevent consumer confusion. The theory of dilution changes traditional trademark law by asking if the use of a mark, even in non-competitive markets, causes the mark to lose its association with a singular source or company, regardless of consumer confusion. Learn more about HR 683: The Trademark Dilution Revision Act of 2005. Here’s what the US Supreme Court had to say on the issue.

• WIPO Broadcast Treaty: Although PK hasn't had much action in the international sphere, we want to point your attention to EFF's action on the WIPO's Treaty on the Protection of Broadcasting Organizations. You can find out more about it here

[#printed] => 1 ) [links] => Array ( ) )

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In case you haven’t read the news lately, The House Energy and Commerce Committee has put out its first draft of the upcoming telecommunications re-write. Here is a preliminary run-down on this generally pro-consumer bill:

• Ensuring an Open Internet: The draft bill ensures that consumers can reach the web sites of their choice, run applications, and attach the devices they want to use. It also includes an exception permitting network operators to manage their networks and provide their own video applications. It’s unclear whether this exception could swallow the rule at the moment, so it could stand some tightening up.

• Municipal Broadband: The draft bill preempts state law as far as muni-broadband goes. State law, under this new scheme, can’t block municipalities from providing broadband networks, as long as those cities refrain from favoring themselves over other users of the rights-of-way. This is handled similarly to the McCain-Lautenberg bill and certainly goes hand-in-hand with Public Knowledge’s promotion of Muni-Wifi.

• Consumer Protections: The draft bill directs the FCC to setup national consumer protection standards for VOIP, Broadband Internet Transmission, and Broadband Video Service providers. These protections are to cover late fees, early termination fees, purchase and/or lease of subscriber equipment, privacy notifications, spam, indecency, disability access, etc.

That’s just the tip of the iceberg of the bill, but it looks promising. Especially since the draft bill tends to support PK’s "Principles for an Open Broadband Future."

Have any questions or comments about the bill? Please post them below.

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In case you haven’t read the news lately, The House Energy and Commerce Committee has put out its first draft of the upcoming telecommunications re-write. Here is a preliminary run-down on this generally pro-consumer bill:

• Ensuring an Open Internet: The draft bill ensures that consumers can reach the web sites of their choice, run applications, and attach the devices they want to use. It also includes an exception permitting network operators to manage their networks and provide their own video applications. It’s unclear whether this exception could swallow the rule at the moment, so it could stand some tightening up.

• Municipal Broadband: The draft bill preempts state law as far as muni-broadband goes. State law, under this new scheme, can’t block municipalities from providing broadband networks, as long as those cities refrain from favoring themselves over other users of the rights-of-way. This is handled similarly to the McCain-Lautenberg bill and certainly goes hand-in-hand with Public Knowledge’s promotion of Muni-Wifi.

• Consumer Protections: The draft bill directs the FCC to setup national consumer protection standards for VOIP, Broadband Internet Transmission, and Broadband Video Service providers. These protections are to cover late fees, early termination fees, purchase and/or lease of subscriber equipment, privacy notifications, spam, indecency, disability access, etc.

That’s just the tip of the iceberg of the bill, but it looks promising. Especially since the draft bill tends to support PK’s "Principles for an Open Broadband Future."

Have any questions or comments about the bill? Please post them below.

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

In case you haven’t read the news lately, The House Energy and Commerce Committee has put out its first draft of the upcoming telecommunications re-write. Here is a preliminary run-down on this generally pro-consumer bill:

• Ensuring an Open Internet: The draft bill ensures that consumers can reach the web sites of their choice, run applications, and attach the devices they want to use. It also includes an exception permitting network operators to manage their networks and provide their own video applications. It’s unclear whether this exception could swallow the rule at the moment, so it could stand some tightening up.

• Municipal Broadband: The draft bill preempts state law as far as muni-broadband goes. State law, under this new scheme, can’t block municipalities from providing broadband networks, as long as those cities refrain from favoring themselves over other users of the rights-of-way. This is handled similarly to the McCain-Lautenberg bill and certainly goes hand-in-hand with Public Knowledge’s promotion of Muni-Wifi.

• Consumer Protections: The draft bill directs the FCC to setup national consumer protection standards for VOIP, Broadband Internet Transmission, and Broadband Video Service providers. These protections are to cover late fees, early termination fees, purchase and/or lease of subscriber equipment, privacy notifications, spam, indecency, disability access, etc.

That’s just the tip of the iceberg of the bill, but it looks promising. Especially since the draft bill tends to support PK’s "Principles for an Open Broadband Future."

Have any questions or comments about the bill? Please post them below.

[#printed] => 1 ) [links] => Array ( ) )

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