Policy Blog

If you haven’t read about it, the New York Times reported yesterday that: Microsoft May Build a Copyright Cop Into Every Zune. Essentially, the large content provider would withhold their content from a distributor unless the distributor put in effective measures to prevent against piracy. We’re not talking about DRM here, we’re talking about filtering software, whether it resides on the playback device like a Zune or iPod, or in the software on a syncing computer that stores the consumers’ library of music and movies like the Zune or iTunes software. This software would troll your library checking for content that was somehow infringing or unauthorized. It may even be spyware that could report back to someone about the contents of your media library.

In response to my post a couple of days ago about the possibility that VZ might not plan to comply with the 700 MHz “open platform” rules, someone wrote:

would you have the FCC mandate that every mobile device must be capable of running every operating system? If Verizon sells me a BlackBerry, should the device allow me to install Android, Palm OS, Windows Mobile, or Symbian OS? Obviously, Google believes the answer is yes (they will make the most money if they can install their OS on every device). Is it good for consumers if the FCC starts managing software specifications for computers and mobile devices?

It must be spring, and a delightful spring at that. Like swallows to Capistrano, numerous pigeons created by the IP mafia over the years are at last coming home to roost. Today’s NYT provides the most recent returning pigeon dropping its unintended consequence out of a clear blue sky.

Last Friday (HT: IPDemocracy), Google filed a petition [PDF] asking that the Commission ensure that Verizon understands what those “open platform” requirements for the C Block really mean. Verizon has taken the position in the past that its own devices won’t be subject to the “open applications” and “open handsets” requirements of the C Block rules, and Google says it is concerned that Verizon doesn’t plan to follow those requirements in the future.

This is big. Here’s the background.

Today, PK asked a federal court in Arizona to accept our “friend of the court” arguments in MDY v. Blizzard, a case pitting distasteful gaming behavior against an unsavory over-assertion of copyrights.

The basic details behind the story are here.

MDY, Inc. makes a program called Glider that plays World of Warcraft automatically. Players using Glider can gain experience points in WoW while not at their computers. This causes a number of gameplay issues for Blizzard, the makers of WoW. It also violates their Terms of Use (“TOU”), which are incorporated into their End User License Agreement (“EULA”).

So Blizzard sues MDY. Ok. For copyright infringement. Less Ok. Here’s why.

Just in time for the House Telecom Subcommittee’s May 6 hearing on Net Neutrality legislation, Public Knowledge achieved a new level of notoriety when we were prominently mentioned in a blog post on the American Spectator, the publication best known for funneling millions of dollars to investigations of Bill and Hillary Clinton.

One of the biggest problems in public advocacy is translating abstract policy issues into the sort of concrete realities that bite the public on the rear end and get them to care. Happily, the RIAA and its ridiculous insistence on the most secure DRM imaginable — no matter how impractical, expensive, or user unfriendly — provides an endless series of such “teachable moments.” The recent announcement by MSN that it will shut down its music service and will therefore no longer refresh DRM keys is just such a moment.

MS found itself in a hard place. To offer the service it wanted, it needed to make commitments to the music industry about DRM. I do not think at the time MS understood this to mean that it would have a perpetual expense to maintain the service no matter what. Generally, if you decide the headaches aren’t worth it, you shut down.

Two orphan works bills were introduced to begin to bring balance back to copyright law—to help find owners and encourage new and creative uses of unexploited copyrighted works. Both the U.S. Senate and House of Representatives have introduced orphan works legislation (S. 2913, the Shawn Bentley Orphan Works Act of 2008, H.R. 5889: The Orphan Works Act of 2008), rooted in the same language based on the previous Smith Bill, which was based on the Copyright Office’s recommendation. It’s been a long time coming and from working with staff, I know they’re very happy to have the bills finally introduced. Reps. Howard Berman (D-CA),Howard Coble (R-NC), John Conyers (D-MI), Lamar Smith (R-TX), (Chairman and Ranking Members of House Judiciary Committee Subcommittee on Courts, the Internet, and Intellectual Property and Full Judiciary Committee Chairman and Ranking Member respectively) and Sens. Patrick Leahy (D-VT) and Orrin Hatch (R-UT), and their incredible staff members are to be congratulated for working to address concerns of both the user and owner communities.

Maybe the FCC can handle the truth.

A couple of days ago, we asked the question whether the Federal Communications Commission was up for confronting the reality of Comcast’s blocking and throttling of peer-to-peer traffic and, if so, what the Commission would do about it.

Just as Jack Nicholson’s character, Col. Nathan Jessep, was arrested at the end of the movie, “A Few Good Men” after telling Tom Cruise’s character Lt. Daniel Kaffee the truth, it looks as if the Commission is preparing to take some action against Comcast.

FCC Chairman Kevin Martin made his announcement in dramatic fashion at a Senate Commerce Committee hearing. He wasn’t on the original agenda to testify. Martin’s staff contacted the Committee the afternoon before the April 22 hearing and asked if he could testify. Martin wanted to a big forum for a big announcement, and he made the most of it.

I have a nifty little service I buy from my telephone provider called “teleblock.” It blocks calls originiating from certain types of phone calls unless I affirmatively allow them. Thanks to this nifty service, I am once again able to sleep late on Sundays.

I bring this up because if there is a common carriage service left in the telecom world, it’s plain old telephone service (POTS). My POTS landline is absolutely regulated as a “Title II” common carrier telephone service. But despite being a common carrier Title II telecom service, my POTS provider can offer me a very useful tool for limiting annoying calls.