Legal

Slippery SOPA

Copyright Critics of the failed Stop Online Piracy Act and the Protect IP Act (SOPA/PIPA) have been having some fun with some internal RIAA and IFPI materials regarding the music industry’s anti-piracy efforts that leaked to TorrentFreak last week. Part of the cache includes a PowerPoint presentation delivered by RIAA deputy general counsel Victoria Sheckler to IFPI members back in April (pdf).

The critics are taking particular delight in Sheckler’s acknowledgment that the laws were “not likely to have been effective tool[s] for music.” Here’s the PPT slide summarizing the SOPA/PIPA debate:

While perhaps a bit embarrassing for the RIAA, I don’t find the revelation terribly surprising. The bills weren’t really crafted with music in mind; most of the online piracy the music industry is concerned about occurs over peer-to-peer networks, which were not the targets of the bills.

Rather, the bills were crafted by the MPAA, as a tool against movie piracy. Though P2P networks are responsible for a certain amount of movie piracy, more of it these days involves digital locker services, mostly based outside the U.S., like Megaupload, which were the main targets of SOPA and PIPA. As data contained elsewhere in Sheckler’s presentation show, digital lockers make up only about 6 percent of what the music companies regard as piracy, compared to 23 percent Read More »

Old media falling out of favor at DOJ

Antitrust The U.S. Justice Department has opened a “wide-ranging antitrust investigation” into whether cable operators are illegally using bandwidth caps and other tactics to try to squash growing competition from online video services like Netflix, the Wall Street Journal reported last week.  Subsequent reporting by the Journal revealed the investigation also covers the satellite TV services Dish Network and DirecTV, and that the feds are also looking into whether pay-TV operators are using so-called most-favored nation clauses in carriage agreements with the networks to restrict the network’s ability to license their content to online, over-the-top distributors.

The investigation and the issues at stake, particularly the department’s apparent focus on most-favored nation agreements, carry distinct echoes of the lawsuit the Justice Department filed in April against Apple and several leading publishers over an alleged conspiracy to fix prices in the e-book market. As in the cable industry investigation, the e-book lawsuit charges Apple with using most-favored nation clauses in its agency licensing agreements with the publishers to ensure that neither Amazon nor any other e-book retailer gets a better deal than Apple got or can sell e-books at prices lower than Apple’s price. Read More »

Aereo combat: Why the networks should be worried

Copyright There are certainly cheaper markets to operate in than New York City. And if you were preparing to launch a risky media startup, you might be expected to try opening out of town, where the downside would be smaller, before taking your show to Broadway. Not so for Aereo, the Barry Diller-backed startup formerly know as Bamboom, which offers to stream broadcast TV channels to subscribers over the Internet for viewing on connected devices for $12 a month. Subscribers will also be able to record programs as they would with a DVR and store them in the cloud for later viewing.

Perhaps Diller just craved the spotlight, and wanted to launch in center of the media universe. But a more likely reason for picking New York is that it’s the seat of the federal Second Circuit Court of Appeals, which in 2008 handed down an opinion in Cartoon Network, et. al. v. CSC Holdings, better known as the Cablevision remote-DVR case.  That case, in which the cable operator’s cloud-based DVR service was challenged unsuccessfully by the networks,  is Read More »

Who lost SOPA?

Legislation The blame-storming in Hollywood over the failure of SOPA and the Protect-IP Act has begun. MPAA chief Chris Dodd offers a half-hearted mea culpa in the New York Times, acknowledging a “perception problem” for the industry. But he pins most of the blame on “irresponsible” technology players like Wikipedia, Google and Reddit for stirring up the natives with their blackouts and black propaganda.

More darkly, many in the media industry are blaming President Barack Obama for the loss, accusing him of a stab in the back for siding publicly with Silicon Valley after Hollywood had raised millions for his campaigns. One time SOPA and PIPA supporters in Congress who went wobbly in the face of public pressure are also coming in for scorn.

Most of the problems the media companies have had over SOPA and PIPA, however, have been self-inflicted. Read More »

Why Concurrent Media did not go black today

Legislation There were, as best I could tell without an engineering degree, sound engineering reasons to oppose the DNS-blocking provisions of the Stop Online Piracy Act and Protect IP Act. An enforcement mechanism that relied on maintaining a security hole in the Domain Name System, just as Internet engineers around the world were implementing a long-awaited fix for that hole, seem pretty self-evidently a bad idea. Especially so since the enforcement purpose itself could be so easily defeated by the simple expedient of typing in IP addressed directly.

There were also, again as best I could tell, serious ideological and societal implications that flowed from that enforcement strategy. Insofar as DNS blocking in the U.S. would encourage the adoption of alternative systems for resolving IP addresses, which were not subject to U.S. jurisdiction but which more Read More »