Regulation

Netflix no longer neutral

July 8, 2011
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Net Neutrality Not sure if the timing was intentional, but it is certainly fitting that Netflix general counsel David Hyman’s very-pointed op-ed on usage-based bandwidth pricing should appear in the Wall Street Journal on day after the FCC finally delivered its long-delayed net neutrality rules to the White House Office of Management and Budget, the final step before their official publication in the Federal Register.

Once published in the Register, the rules become legally effective, which in this case means they become legally contestable in court. Verizon has already tried to challenge the rules once, based on the FCC’s initial rulemaking vote, but was rebuffed by the court as premature. That, and perhaps other litigation, is no doubt ready to go the moment the rules come off the presses at the Government Printing Office. Read more »

Trans-Atlantic response to online piracy? (Updated)

July 7, 2011
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Copyright Content owners should probably keep this in the wishful-thinking file for now but British communications minister Ed Vaizey hinted strongly this week at an emerging trans-Atlantic alliance to recruit ISPs more fully into the battle against online piracy.

Speaking at the Intellect Consumer Electronics conference in London, Vaizey called reports that a deal was in the works in the U.S. between leading ISPs and copyright owners to adopt a voluntary system of graduated response to online infringement a potential “game-changer” that could break a deadlock in similar talks underway in the U.K. Read more »

What if no one buys Hulu?

July 6, 2011
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Chief Mouseketeer Bob Iger insisted Wednesday that Hulu’s owners are committed to selling the video streaming service.  But what if no one is committed to buying?

Of the half-dozen companies known so far to have been invited in to kick the tires by Hulu’s bankers, only one, Amazon, strikes me as a plausible buyer. The rest seem to have been chosen simply because they have deep pockets (Google, Microsoft, AT&T, Verizon), or, in the case of Yahoo, because it has already expressed interest.

Google: Hulu is owned by the same networks that blocked Google TV from accessing their online content and have largely refused to license their content to YouTube. Given that history, I’m skeptical they would now agree to let Google buy Hulu. Google has also been attracting increased scrutiny from regulators, including the FTC’s current anti-trust investigation of Google’s handling of search results. Read more »

Site-blocking battle going global

June 27, 2011
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Copyright From virtually a standing start in the U.S. last year the debate over blocking access to so-called rogue web sites that host copyright infringing content has escalated rapidly into a worldwide battle.

Last week, a group of leading technology investors and venture capitalists sent a letter to members of the U.S. Congress warning that the Protect IP Act (PIPA), which was approved by the Senate Judiciary Committee in May, could stifle innovation and harm U.S. competitiveness around the world.

“The bill is ripe for abuse, as it allows rights-holders to require third-parties to block access to and take away revenues sources for online services, with limited oversight and due process,” the group said. “While we understand PIPA was originally intended to deal with “rogue” foreign sites, we think PIPA will ultimately put American innovators and investors at a clear disadvantage in the global economy.” Read more »