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RIAA on the SOPA/PIPA protest and Masnick’s reactions

February 8th, 2012 · No Comments

RIAA:  http://www.nytimes.com/2012/02/08/opinion/what-wikipedia-wont-tell-you.html
Mike Masnick’s line-by-line reply:  http://www.techdirt.com/articles/20120208/01453517694/riaa-totally-out-touch-lashes-out-google-wikipedia-everyone-who-protested-sopapipa.shtml
 
Hat tip to Lauren Gelman.

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Tags: Commons · Copyright Law · Intellectual Property Law · Online Norms and Culture

One more principle: Nondiscrimination

February 6th, 2012 · No Comments

This is my second post over at Concurring Opinions for the symposium on Marvin Ammori’s Free Speech Architecture article.
There is one principle that I would add to the five principles that Marvin examines in the article:  nondiscrimination.  It seems to me that across public and private, physical and virtual ”space” contexts (and judicial opinions), one persistent principle [...]

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Tags: Law & Technology

Thoughts on Ammori’s Free Speech Architecture and the Golan decision

February 5th, 2012 · No Comments

There is an interesting blog symposium at Concurring Opinions about Marvin Ammori’s Free Speech Architecture article.  I am participating in the symposium this week, and here is my first post:
Thank you to Marvin for an excellent article to read and discuss, and thank you Concurring Opinions for providing a public forum for our discussion.
In the article, [...]

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Tags: Commons · Copyright Law · Ideas · Intellectual Property Law · Law & Technology

Open Internet Comment

May 25th, 2010 · No Comments

The Economist piece I just mentioned here reminded me to post a link to my comment in the FCC’s Open Internet proceeding. In the comment, I make two basic points:
First, I argue that the FCC must resist falling into the rhetorical trap set by many participants in the debate who attempt to frame the [...]

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Tags: Law & Technology

From ships to bits: Common carriage is an ancient idea being applied to a modern problem—internet access

May 25th, 2010 · No Comments

Check out this piece in the Economist.
It refers to Jim Speta’s excellent article, which sets forth:
three broad historical justifications for applying common carriage to regulate prices and access. First, many transporters enjoy a natural or state-granted monopoly and need to be restrained from exercising it with too much abandon. A medieval innkeeper, for example, often [...]

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Tags: Law & Technology

Letter in support of FCC NPRM

October 22nd, 2009 · 2 Comments

October 22, 2009
The Honorable Julius Genachowski
Chairman, Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
Dear Chairman Genachowski:
The undersigned are a diverse group of academic researchers who study Internet policy. We applaud the Federal Communications Commission for launching the Open Internet proceeding. It is an essential step forward in the ongoing public debate over the future of [...]

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Tags: Law & Technology

FCC issued its NPRM: “Preserving the Open Internet”

October 22nd, 2009 · No Comments

Along with other academic researchers who study Internet Policy, I am going to file a letter supporting the NPRM. I’ll post the letter tomorrow. I will also post some additional thoughts over the next week or so.
Here are various public docs:
NPRM: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-93A1.pdf
Press Release: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294159A1.pdf
Genachowski Statement: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-93A2.pdf
Copps Statement: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-93A3.pdf
McDowell Statement: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-93A4.pdf
Clyburn Statement: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-93A5.pdf
Baker [...]

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Tags: Law & Technology

“Next Generation Connectivity: A review of broadband Internet transitions and policy from around the world,” produced for the FCC by the Berkman Center.

October 16th, 2009 · No Comments

An incredible report with important data and comparative analysis of broadband policies across different countries. Remarkably, the report indicates that the U.S. might have prematurely given up on open access / functional separation. I need to read it carefully and digest, and should anyone interested in broadband policy.
“Next Generation Connectivity: [...]

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Tags: Law & Technology

FCC Chairman Julius Genachowski’s Speech

September 21st, 2009 · 1 Comment

FCC Chairman Julius Genachowski’s recent remarks at the Brookings Institution — “Preserving a Free and Open Internet: A Platform for Innovation, Opportunity, and Prosperity” — call for the FCC to adopt network neutrality rules. It is a good speech — the webcast is here. He describes the Internet as “the most transformational communications breakthrough [...]

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Tags: Law & Technology

TOTM Blog Symposium on Mike Carrier’s book, Innovation for the 21st Century

April 1st, 2009 · No Comments

Check out the blog symposium at Truth on the Market on Professor Michael Carrier’s (Rutgers) forthcoming book: Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law. Comments welcome! I’ll link to the posts below the fold:

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Tags: Law & Technology

Google Books and the Essential Facilities Doctrine

February 15th, 2009 · 2 Comments

Google Books is an amazing service. Many others have raved about it, and many others have analyzed the settlement agreement between Google and the The Authors Guild and the Association of American Publishers. For very insightful analyses, see various posts here (a, b, c, d, e) and here, here, here, and here. [...]

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Tags: Law & Technology

An Infrastructure Bank / Governance Commission (By Brett Frischmann and Robin Chase)

February 13th, 2009 · No Comments

A second draft op ed, below the fold

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Tags: Law & Technology

Infrastructure as destiny (By Brett Frischmann and Robin Chase)

February 13th, 2009 · No Comments

A draft op ed, below the fold

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Tags: Law & Technology

Infrastructure op eds

February 13th, 2009 · No Comments

So a little over a month ago, Robin Chase and I put together two op eds on infrastructure policy. Neither caught the attention of newspaper editors. Unfortunately, we delayed in posting them; we’ve both had a busy beginning to 2009. Both are relevant to the debates about the stimulus package, but neither [...]

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Tags: Law & Technology

Is broadband Internet access in the US “robustly competitive”?

November 21st, 2008 · 1 Comment

Rob Frieden has posted an interesting and provocative paper, Lies, Damn Lies and Statistics: Developing a Clearer Assessment of Market Penetration and Broadband Competition in the United States. It is well worth a read and is bound to spark a debate. Among other things, it challenges the FCC’s misuse of statistical evidence to [...]

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Tags: Law & Technology

Obama’s FCC Transition team

November 18th, 2008 · 1 Comment

Susan Crawford and Kevin Werbach will head the Federal Communications Commission transition team.

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Tags: Law & Technology

Tim Wu: On the Media

September 9th, 2008 · No Comments

In this Slate piece, Tim captures the differences between the Obama and McCain “tech plans” incredibly well.

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Tags: Law & Technology

The Comcast Order and Network Neutrality

August 21st, 2008 · 1 Comment

The FCC issued its opinion and order in the Comcast dispute. There will certainly be a flurry of press and blog coverage over the next few days. Some will champion the decision, and others will attack it. There is plenty to digest. My initial thoughts are below the fold.

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Tags: Law & Technology

36th Research Conference on Communication, Information, and Internet Policy

July 21st, 2008 · No Comments

This year, the TPRC will showcase a very strong program. Details below the fold.

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Tags: Law & Technology

Thoughts on Scott Hemphill’s Network Neutrality paper

April 29th, 2008 · No Comments

Scott Hemphill has posted an excellent, thoughtful paper on network neutrality. I’ll post the abstract along with a few comments on the paper below the fold:

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Tags: Law & Technology