September, 2009

The Washington Post's muddled view of net neutrality

The net neutrality debate, already heating up here in Washington since FCC chairman Julius Genachowski’s speech to the Brookings Institution last week, got additional fuel on Monday when the Washington Post weighed in with an oddly snide editorial opposing the chairman’s proposal to regulate the way ISPs manage their networks.

Federal Communications Commission Chairman Julius Genachowski promised that his agency’s plan for regulating Internet service providers (ISPs) will be “fair, transparent, fact-based and data-driven.”

That’s nice. But Mr. Genachowski failed to convincingly answer the most important question of all: Is this intervention necessary?Genachowski-Brookings

[snip]

He and other proponents of federal involvement cite a handful of cases they say prove that, left to their own devices, ISPs such as Comcast Corp. and AT&T will choke the free flow of information and technology. One example alluded to by the chairman: Comcast’s blocking an application by BitTorrent that would allow peer-to-peer video sharing. Yet that conflict was ultimately resolved by the two companies — without FCC intervention — after Comcast’s alleged bad behavior was exposed by a blogger. Read More »

More to chew on over breakfast

As I noted in my last post, The Media Wonk will be hosting the first Digital Breakfast DC panel discussion on Oct. 1 on the topic of Technology and IP Enforcement, including the role of the White House IP Enforcement Coordinator, a new position created by the PRO-IP Act last year. Today, President Barack Obama named former head of Intellectual Property and Innovation at the Office of the U.S. Trade Representative Victoria Espinel to be the first to fill the new post.

victorial-espinel2The nomination, who must be approved by the Senate, drew praise from both sides of the IP aisle. “Today’s appointment is the welcome culmination of many months of work toward a more streamlined approach to intellectual property enforcement by the federal government,” the Copyright Alliance said in a statement. “This appointment and its locale within the Office of Management and Budget is a strong sign by the Administration that it believes in the importance of creators’ rights and seeing those rights are enforced here and abroad.”

Public Interest group Public Knowledge, which is often at odds with the Copyright Alliance over IP issues, said in a statement, ““We congratulate Victoria Espinel on her nomination to be the Intellectual Property Enforcement Coordinator. She is well qualified for the position, having served as the assistant U.S. Trade Representative for Intellectual Property and Innovation. We look forward to working with her upon confirmation by the Senate. We believe she will be fair in her approach to intellectual property enforcement issues.”

Discussion the appointment at the breakfast will be panelistsRick Cotton, general counsel of NBC Universal, Prof. Peter Jaszi of Washington College of Law at American University, Jon Baumgarten, partner with Proskauer Rose, Bill Rosenblatt of GiantSteps Media and entertainment attorney Chris Castle, who represents music artists and songwriters.

Those interested in attending can register here.

Join me at the first Digital Breakfast DC on Oct. 1

The Media Wonk will be hosting the first Digital Breakfast DC conference on Oct. 1 in, not surprisingly, Washington, DC. The topic for the panel is Using Tech to Safeguard Content and IP. Panelists include Rick Cotton, general counsel of NBC Universal, Prof. Peter Jaszi of Washington College of Law at American University, Jon Baumgarten, partner with Proskauer Rose, Bill Rosenblatt of GiantSteps Media and the irrepressible Chris Castle an entertainment attorney from LA who is appearing on behalf of Arts + Labs.

digital-breakfastDebating points will include the implications of the FCC’s net neutrality rulemaking for filtering and other online anti-piracy efforts, the French three-strikes law, Veoh’s recent court victory and its implications for UGC and the over/under line on when we’ll see the new White House IP Czar named. All packed into a fast-paced one hour. Plus bagels.

Click here to register today!

Could online ad exchanges work for news, too?

Last week, Google launched its long-expected bid to conquer the online display advertising business to complement its domination of the search ad market by unveiling the new, auction-based DoubleClick Ad Exchange, built on the ad-serving company it acquired in 2007 for $3.1 billion and has spent the two years since steering through the regulatory process. The new exchange will function a bit like a stock market, allowing web site publishers to put their display inventory up for auction, and advertisers to bid on placements in near-real time, much as they do with Google AdWords today.

Tokyo-stock-exchangeThe idea isn’t new. Both Yahoo and Microsoft already operate online ad exchanges. But byopening its new display ad exchange to the hundreds of thousands (millions?) of web sites that are already part of its AdSense network for  search ads Google will bring enormous new liquidity to what has been, up to now, a pretty small market. In principle, that should lead to more efficient price discovery for advertisers and higher inventory yields for publishers.

Even so, the DoubleClick Ad Exchange has a long way to go before it can dominate the online display ad business. Most online display ads are sold either directly by publishers or through proprietary ad networks–the largest of which is run by Yahoo–which syndicate ads to web sites on behalf of marketers. Only a small percentage of online display ads are currently sold through exchanges. Read More »

Blockbuster: Closed for renovation

It’s long been clear that there were too many video stores in America for anyone’s good. In the go-go years of the early 1990s, national chains like Blockbuster, Hollywood Video and Movie Gallery were adding stores at a clip of nearly one a day, each. Regional chains and independent operators expanded as well, until there were something like 10-15,000 video superstores in the country and probably twice that number of stores overall.

The numbers back then were compelling. Video stores were considered good tenants by strip-mall devlopers, stores ramped up quickly and threw off enough cash that much of the expansion could be financed internally. In addition to absolute growth in the market, the national chains could easily take share from incumbents when they entered a market, by virtue of their broader and deeper selection of titles, preferable locations and greater marketing clout. Read More »