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Submitted by Scott Cleland on Tue, 2012-11-20 13:29
Mr. Derek Khanna, a new Republican Study Committee (RSC) staffer, distributed a policy brief on copyright "myths" last Friday that the Committee very quickly disavowed and pulled down because it had not been vetted to ensure that it fairly represented the Republican Study Committee's views. Don't expect this policy brief to ever get the official support of RSC because Mr. Khanna has obviously and grossly mischaracterized Constitutional first principles, property rights, and free markets beyond recognition.
There are at least five fundamental flaws in Mr. Khanna's characterizations.
1. Congresses and Supreme Courts have not totally misread the Constitution for over 200 years.
Mr. Khanna's effective assertion that two centuries of Congressional and Supreme Court interpretation of the U.S. Constitution's treatment of property rights, and copyrights in particular, are really "myths" that misinterpret what he posits the Founding Fathers really meant to do in promoting "progress of science and the useful arts," puts his opinion squarely at odds with America's two centuries of experience with Constitutional rule of law.
Submitted by Scott Cleland on Fri, 2012-11-16 10:26
Please see my new power point presentation here entitled: "Modern Beats Obsolete in Spurring Economic Growth and Innovation -- Modernize Obsolete Communications Law and Spectrum Management." It is the culmination of a year of research and presents very powerful evidence of how woefully obsolete and absurdly dysfunctional America's communications policy has become.
This neglected problem has been bipartisan in the making over sixteen administrations and dozens of Congresses. It also will take a long-term bipartisan effort to correct. It will only become increasingly imperative to do so as more and more of our economy and society depends on a fully modern mobile Internet.
After reading this presentation you won't be able to look at current American communications policy in the same way again. America's got a lot of work to do to ensure our leadership in the Internet and high tech continues and is not slowed by the nonsensical and unnecessary drag on investment, innovation and growth of obsolete law and spectrum resource management.
Please don't miss the charts. An outline of the presentation follows:
The Real Motive behind Opposition to Broadband Usage Pricing -- Part 13 Broadband Internet Pricing Freedom SeriesSubmitted by Scott Cleland on Wed, 2012-11-14 20:49
Now we know the real reason why there has been such strong opposition by FreePress and other net neutrality proponents to the common sense economic notion of broadband usage pricing. The newly launched Open Wireless Movement now wants to turn everyone's home WiFi routers into interconnected, free, public-community, "open WiFi" hotspots.
Submitted by Scott Cleland on Mon, 2012-11-12 11:44
David Carr's (NYT) excellent analysis of how the mainstream media missed the truth behind cycling legend Lance Armstrong's systematic cheating and deception -- that ultimately led to the International Cycling Union stripping him of his seven Tour de France titles, to Nike dropping him as a sponsor, and to his resignation as Chairman of his cancer-survivor foundation LIveStrong -- got me thinking about the many sad parallels there are with how the mainstream media and blogosphere have missed the truth behind tech legend Google's systematic cheating and deception.
Just like the mainstream and sports media had much self-interest and fear in challenging Mr. Armstrong's representations, i.e. the loss of advertising and reporter access to top people in the sport, the mainstream media and tech blogosphere also have much self-interest and fear in challenging Google's representations, because Google is the overwhelming source of Internet traffic for the media (via Google Search, News, YouTube, and Android), and is also the primary monetization mechanism for the blogosphere.
A Welcome Catalyst for Modernizing Obsolete Communications Law and Regulation -- My Daily Caller Op-edSubmitted by Scott Cleland on Fri, 2012-11-09 13:23
Please see my new Daily Caller Op-ed: "A Welcome Catalyst for Modernizing Obsolete Communications Law & Regulation" -- here.
Obsolete Communications Law research series:
Part 1: "Obsolete communications law stifles innovation, harms consumers"
Google News-ster, Books-ster, YouTube-ster, Android-ster -- Google's Disrespect for Property Part 13Submitted by Scott Cleland on Fri, 2012-11-02 12:03
Newspaper and magazine interests in Germany, France, and Brazil are fighting back against Google News' monetization of their headlines and property without compensation by urging lawmakers to pass laws requiring royalties or revenue sharing for ancillary copyright use of their core product news, per AP and NYT reports.
This piece supports three conclusions.
Submitted by Scott Cleland on Wed, 2012-10-31 14:03
Submitted by Scott Cleland on Tue, 2012-10-09 11:33
As an unabashed Milton Friedman conservative, I strongly agree with Judge Robert H. Bork and Professor J. Gregory Sidak that antitrust law's purpose is to protect competition and the competitive process and not to protect competitors. I also hold my fellow conservatives in highest regard. However, as a highly-experienced and esteemed judge and professor, they know they must prove their case on the merits. In Google's case, they have not.
While it would be difficult to challenge the sophistication of their legal analysis, it is not hard to discredit the sophistication of their economic analysis of the relevant market, economics, and behavior in question. Their defense indicates that they have fully-adopted Google's core economic premises and public-representations, so their skilled legal arguments can do no better than the fatally-flawed material with which Google has given them to work.
Specifically, their legal analyses rest upon a misunderstanding of the relevant market in question. Since antitrust prosecution is fact-driven, not theory dependent, no amount of legal or economic theoretical elegance can overcome a fatally-flawed factual predicate.
Submitted by Scott Cleland on Fri, 2012-10-05 08:57
Please see my new Daily Caller Op-ed: "The U.S. Government's Obsolete and Dysfunctional Spectrum Management" -- here.
Obsolete Communications Law Op-ed Series:
Submitted by Scott Cleland on Mon, 2012-10-01 13:02
Pro-piracy interests have been organizing globally to head off and defeat future anti-piracy legislation (like SOPA/PIPA), IP treaties (ACTA) and property rights enforcement, all while claiming to represent "the Internet" and all its users, when they do not. They collectively represent pro-piracy special interests.
They hijack popular political buzz-words like "Internet Freedom" and "innovation," to distract people from their fringe anti-property views and to simulate broad mainstream political support.
("Astroturf" in a public policy context connotes artificial grassroots, simply proclaiming to be something one is not in order to gain broader political support.)
This analysis spotlights the political interests and strategy of global pro-piracy interests. It also answers several key questions: