Posts by John Bergmayer:

ticketmaster tickets A decade ago, the Department of Justice approved the merger of Ticketmaster and Live Nation — combining the biggest concert promoter, a major venue operator and artist manager, and the largest ticket provider under one roof. The anticompetitive implications of this deal were enormous. The combined company would be able to use its relationships with […]
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Don’t be disappointed, but this post isn’t going to give you a complete history of the 1992 Cable Act. That law had a lot of great ideas — and led to some great results — but it also had some disappointments, as the law was either watered down or poorly implemented. However, one of its […]
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Communications networks and other platforms are valuable in large part because of their users. One effect of this is that networks that already have the most users tend to grow even larger. Left unchecked, this can cause significant competition problems and leave individual private companies in charge of vital communications infrastructure. Even if antitrust law […]
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apple app store logo I have written about app stores at length before but it is worth reiterating a few points given the recent news about Apple removing access to the Hkmap.live app (which helps people track police activity) and Google removing access to The Revolution of Our Times (a protest game).  First, Apple’s (and Google’s) explanations don’t pass […]
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tv simpsons Both Mozilla and Google are rolling out some version of DNS-over-HTTPS (DoH) in their respective web browsers, Firefox and Chrome. Internet service providers and others are up in arms. This post will try to explain why at least two of the criticisms–on privacy and competition grounds–don’t make a lot of sense. The technical arguments, on […]
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As you may have heard, the long-awaited decision in Mozilla v. FCC came out yesterday. First the bad news: The Federal Communications Commission won on the main issue, which is broadband reclassification. But there’s good news, too, in that the Court completely rejected the FCC’s attempts to prevent states from passing their own net neutrality […]
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The laws around broadcasting and the retransmission of broadcast signals by cable and satellite companies are built up around a set of assumptions. One of the most basic is that individual broadcasters broadcast their signal to a specific geographic market where people can pick it up for free over the air, and pay TV providers […]
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This is the fourth blog post in a series about Section 230 of the Communications Decency Act. You can view the full series here. Section 230 plays an important role in allowing sites with user-generated content to operate in general–since it shields them from most liability for third-party speech–while giving them the ability to moderate […]
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Many conservatives feel that major online platforms discriminate against them. But their proposed policy solutions, which usually involve modifications to Section 230 of the Communications Decency Act, cannot have the effect that they want. However, policies adapted from traditional media policy might help ensure that users of all political viewpoints have the ability to freely communicate online.
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The previous post was about what Section 230 of the Communications Decency Act does, and why it does it. One theme is that Section 230 is a very broad and powerful statute. But the law can change, and given that digital platforms have a very different role in society and the economy now than they did in 1996, when the law was passed, maybe it should. This post will list some proposals that I am not necessarily endorsing, but which may be worth considering. But before that, it’s also important to realize that Section 230 has limits even under the law today.
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