Press

Public Knowledge Disappointed in FTC Approval of UMG/EMI Merger

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Background: Today the FTC voted to take no action against the merger between the major record labels Universal Music Group and EMI. Earlier today, the European Commission took steps to protect competition in the European digital music market.

Public Knowledge's testimony to the U.S. Congress opposing the merger may be found here

The following statement may be attributed to Jodie Griffin, Staff Attorney at Public Knowledge:

"It is incredible that the FTC has not taken any action whatsoever to protect consumers and competition in the nascent digital music market. As Public Knowledge and many other stakeholders have protested, this merger will give UMG the power and incentive to burden new digital music services that benefit actual artists and consumers."

European Commission Approves UMG/EMI Merger

Background: Today reports surfaced that European Commission has officially approved the proposed merger between the major record labels Universal Music Group (UMG) and EMI. UMG will be required to sell the labels Parlophone (except for the Beatles catalog), Ensign, Mute, Virgin Classics, Chrysalis, and EMI units in European countries. UMG has also committed not to include "most favored nation" clauses in its deals with digital music services. The U.S. Federal Trade Commission is still reviewing the merger.

Public Knowledge's testimony to the U.S. Congress opposing the merger may be found here.

The following statement may be attributed to Jodie Griffin, Staff Attorney at Public Knowledge:

Public Knowledge Comments on Broadband Deployment

Background: Today Public Knowledge filed one set of comments on the data capacity threshold section of the 706 Broadband Deployment NOI.

The following can be attributed to Michael Weinberg, Vice President:

"We are pleased to see the FCC begin to look more deeply into data caps and what they intel. Hopefully this will lead to a deeper understanding of the role that data caps play in broadband internet access".

The comments are linked here.

Public Knowledge Stands Up for Viewers' Right to Control How They Watch TV

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Today, Public Knowledge filed an amicus brief in Fox Broadcasting v. DISH. In this case, Fox sued DISH over Hopper, a device that allows consumers to record programming and play it back later commercial-free, claiming that this constitutes copyright infringement. Public Knowledge decided to participate in this case to protect the home recording and fair use rights of television viewers.

The brief is linked here.

The following statement can be attributed to John Bergmayer, Senior Staff Attorney for Public Knowledge:

Comcast Introduces New Data Caps

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Background: Since suspending its previous 250 GB data cap in May, Comcast has been working on developing new data caps.

Now, Comcast has introduced a new data caps initiative in Tucson, Arizona. Effective Oct. 1, the updated plan will impose caps ranging from 300 GB to 600 GB. Users who exceed their allotted amount of data will be subject to a $10 charge for an additional 50 GB of data.

Regardless of Comcast's changes, it remains unclear why tiered data caps are needed at all. The caps discourage internet use by forcing users to pay more to access information they need.

The following can be attributed to Michael Weinberg, Vice President of the Institute for Emerging Innovation:

Public Interest Groups to File Net Neutrality Complaint Against AT&T for Blocking FaceTime on iPhones and iPads

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On Tuesday, Free Press, Public Knowledge, and the New America Foundation’s Open Technology Institute notified AT&T of their intent to file a formal complaint against the company. In the complaint, the three organizations will assert that AT&T is violating Net Neutrality by blocking the popular video-conferencing application FaceTime. The groups will file the complaint with the Federal Communications Commission in the coming weeks. Under the agency’s Open Internet rules, which prohibit companies from blocking such applications on their mobile networks, anyone filing a formal complaint must give at least 10 days’ notice of their intent to file.

UMG/EMI Merger Moves Forward in Europe; FTC Must Do More to Protect US Competition

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Background: Today reports surfaced that European antitrust authorities have voted to approve the proposed merger between the major record labels Universal Music Group (UMG) and EMI, with divestitures. The European Commission's final decision on the merger is expected to be made later this month. Previous reports indicate UMG will be required to sell global rights to Parlophone (except for the Beatles' catalog), Chrysalis, and Sanctuary, among other labels.

The Daily Mail's report on the advisory council's vote may be found here.

Public Knowledge's testimony to the U.S. Congress opposing the merger may be found here.

The following statement may be attributed to Jodie Griffin, Staff Attorney at Public Knowledge:

Public Knowledge Comments on Return of Rojadirecta Domain Names

Background: Today, the Department of Justice dismissed its case against Rojadirecta, returning to the company the domain names it seized over a year ago.

The following can be attributed to Sherwin Siy, Vice President of Legal Affairs:

"Like the unwarranted Dajaz1.com seizures, this case shows that the procedures for seizing domain names are flawed. It is far too easy for the government to seize domain names and hold them for an extended period even when it is unable to make a sustainable case of infringement.

"The constant expansion of copyright enforcement laws has given us a system where website owners are effectively treated as guilty until proven innocent. These sorts of abuses are likely to continue until there are adequate safeguards to assure accountability."

FCC Approval of Verizon/Cable Deal Highlights Lack of Broadband Competition

Background: Today, the Federal Communications Commission (FCC) approved the application of Verizon, Comcast, and other cable companies to transfer spectrum, cross-market each other’s products and establish a Joint Operating Entity to develop and control new technology. Last week, the Department of Justice (DOJ) released a proposed settlement with the same companies, subject to a number of conditions designed to limit the anticompetitive effects of the agreements.

The FCC's Order can be found here.

The following statement can be attributed to Gigi B. Sohn, President & CEO of Public Knowledge:

FCC's Special Access Order A Good First Step Toward Improving Competition

Background: Late yesterday, the FCC suspended its use of flawed guidelines that have allowed "special access" prices to skyrocket. Special access lines are high-speed data connections that competitors need to offer service to consumers--for example, to provide connectivity to wireless cell phone towers.

The following statement can be attributed to John Bergmayer, Senior Staff Attorney at Public Knowledge:

"With this action, the FCC has done right by consumers, and it's taken a first step toward promoting competition in wired and wireless communications.

"While consumers don't pay high special access fees directly, they still bear their cost. When competitive carriers have to pay unreasonably high rates for connectivity they may have to pass the costs along to users, or slow down new deployment.