Intellectual Property

The Moveon.org/FreePress petition to the FCC to declare Comcast's reasonable network management illegal, is a deceptive back-door scheme to reverse FCC deregulation of broadband as an information service and to (de facto) reinstate common carriage for broadband.

• The petition will be found to be a bogus and manufactured scheme to deceive the FCC and the public that necessary, responsible, and "reasonable network management" -- that serves consumers and the Internet public by delivering quality of service and protecting consumers from the harm of viruses, spam etc. -- should be declared illegal "degrading" of an Internet application.
• Upon full FCC airing of this issue, it will be clear that the offending P2P application traffic is the culprit that is in fact harming the overwhelming majority of Internet consumers by "degrading and imparing" the responsiveness and utility of the Internet for the many because of the irresponsible bandwidth hogging of the few.

First, if managing out-of-control p2p traffic that is degrading and impairing the responsiveness and utility of the Internet for the many by the few is not "reasonable network management" then no network management is reasonable.

Isn't it illuminating that eBay, the online auction monopoly with 95% market share per Jupiter Research, and the owner of Skype that is lobbying hard for regulation and legislation to force the "unlocking of phones" and mandate net neutrality regulation -- is so uncooperative with law enforcement trying to crack down on organized theft?

• Could it be that calling for others to be "open" is just code, cover and justification for stealing other's property or property rights?

Reuters reported last week: "U.S. retailers want online sellers to fight theft." 

•  "U.S. retailers and police called on Congress on Thursday to require online auction sites such as eBay to post the serial numbers of items for sale to help crack down on gangs of professional shoplifters." 

• ""Operators of sites such as eBay have historically failed to provide any meaningful information to retail investigators," said Karl Langhorst, director of loss prevention for Randall's and Tom Thumb stores, a division of Safeway Inc.""

Seems like more hypocrisy and situational ethics from eBay, where they seek corporate welfare from government, while not cooperating fully with law enforcement to fight "organized theft."

• Maybe there is "Honor among thieves."

I normally consider myself a big fan of Walter Mossberg's technology reviews in the Wall Street Journal, but for today I am a big critic of Mr. Mossberg's woefully uniformed and one-sided opinion piece on public policy "Free my Phone."

Obviously frustrated at the technical reality that the bandwidth availability of telecommunications devices has not kept pace with the faster growth in computer processing, Mr. Mossberg lashes out at public policy as the cause in an emotional diatribe that illogically concludes that "if the government...breaks the crippling power that the wireless carriers exert today, the free market will deliver a... happy ending."

Reed Hundt's Frontline Wireless,  is reportedly forming a high-profile "Open Access Advisory Council" for the 700 MHz spectrum auction, which includes "net neutrality" term-coiner and celebrity Columbia Law Professor Tim Wu.

I have two pieces of unsolicited advice for Frontline's new advisory council."

Google's long rumored Google phone
or GPhone project has attracted a lot of comment and chatter, but not a lot of
good analysis to date. One big exception is a very good article last week by
Miguel Helft of the New York Times: "For
Google, Advertising and phones go together."

Google just can't seem to get on the right side of copyright law -- or the law in general for that matter.

• Google's MySpace partner, News Corp clearly doesn't believe Google is doing enough to protect copyrights. 
• Peter Chernin, President of News Corp., in an interview with the Financial Times yesterday, chided Google that ""they could do a better job" at preventing illegally copied video from appearing on its YouTube site."
  • FT asks: "Do they have the technology to do it?"
  • Chernin: "It's pretty safe to say that they have the technology available, that if we [MySpace] have the technology available, a) it's publicly available, and b) I haven't yet heard a lot about Google being technologically constrained."

The point here is that Google clearly has the wherewithal to not violate copyright, but they are making a business decision that it is better or more profitable for Google to disrespect copyright law rather than to respect copyright law.

Google's copyright kleptomania just can't stay out of the news for long. Per the AP/San Jose Mercury News last week:

• "In letters sent to several lawmakers Wednesday, the National Legal and Policy Center excoriated Google for allowing its video-hosting service to become an online theater for showing and promoting illegally copied movies."

• "The nonprofit group, which says it has no financial ties to the movie industry..."

• "The grievances made to Congress focused exclusively on content found on Google's Web site rather than the company's more popular YouTube subsidiary that is being sued by Viacom Inc. for alleged copyright infringement."

Reed Hundt's Frontline Wireless is proposing more changes to the FCC's 700 MHz auction rules upon reconsiderataion -- so watch your wallet!

Per today's Comm Daily: 

I am on a Broadband Policy panel on Monday at 4:45 at the Future of Music Summit with a couple of the lead folks who champion net neutrality: Professor Tim Wu, who coined the term, and Ben Scott, of Free Press who has slickly popularized it in close coordination with Moveon.org.

• Should be interesting, the panel appears to be fairly balanced: one against NN (me) and the rest of the panel avidly for it.
• Wish me luck.

 Leveling the Playing Field: how does broadband policy affect musicians?

Congress and the FCC are currently working a series of initiatives designed to revise the telecommunications regulatory framework, with everything from spectrum reform, to broadband deployment, to network neutrality on the table. How will proposed revisions impact musicians, citizens and technologists? How does broadband policy intersect with concerns about protecting intellectual property? What would a pro-musician Telecom Act look like?

Charles Bissell Musician, The Wrens

Scott Cleland Chairman, NetCompetition.org

Peter Gordon President, Thirsty Ear

Jason Oxman Vice President, Communications, Consumer Electronics Association