Monthly Archives: August 2004

Cameras at Concerts

Last week I went to a Black Eyed Peas concert at the Avalon in Boston. It was a DNC event sponsored by the RIAA, and at the doors, big signs were posted everywhere: “Absolutely No Cameras.” The result: Chaos in the line, as people were sent home after failing cell phone inspection. The choice was to leave your phone / camera behind or leave the concert. People were mad. (“Where is the love?” they asked). So I asked the bouncer, “what’s this about?” And he said “It’s not our deal. Its those guys [the sponsors].” So perhaps this is… Continue reading

Posted in just plain weird | 37 Comments

Wire-tapping VoIP

The FCC today tenatively concluded that most Voice-over IP providers will likely have to comply with a major federal wiretapping statute, the Communications Assistance for Law Enforcement Act (CALEA). This means companies like Vonage will probably soon have to provide law enforcement with some way to tap their service. I don’t consider the vote particularly surprising — VoIP phones look like telephones, and who’s going to vote against national security? But I nonetheless think the approach unfortunate. Here’s why. VoIP, despite the incessant hype, is still a baby. There has still been more said about VoIP than actually using VoIP…. Continue reading

Posted in NetNeutrality | 8 Comments

We the Media

The full text of Dan Gillmor’s book “We the Media,” about blogs and other things, is now online. (Thanks to fellow alper Cory Doctorow)…. Continue reading

Posted in creative commons | 2 Comments

Reasons

Years ago, when I was a law clerk, I was impressed by how much Judge Posner could accomplish with one simple question. He would ask, “What exactly is the purpose of this law (or proposed rule)?” It was astonishing how often lawyers would stare or gasp, unable to answer this most basic of questions. I think the least you can ask of government, whatever branch, is that it always have an answer to Posner’s question. When acting on behalf of the public, it ought always have a clear reason for what it is doing, that it can articulate without shame,… Continue reading

Posted in ideas | 12 Comments

The DMCA: Not controversial

Last week I was chatting with a friend who now works on the House Ways and Means Committee. Talk turned to the Australia-US Free Trade Agreement, which Congress passed in July and which President Bush ratified yesterday. “That DMCA and copyright term extension stuff,” he said to me, “None of it was really seen as controversial.” “Some people consider it controversial” I said. “I’m sure you’re right, and that’s what I thought” he said, “But we only got letters from the library people.” A pause. “Its become a standard clause, and doesn’t really get much attention. If people care about… Continue reading

Posted in politics | 11 Comments

Broadcast Flag Burning

I wasn’t convinced that the broadcast flag was such a big deal. But this story about Tivo asking the FCC for permission to add new features is changing my mind. Creative destruction doesn’t ask for permission. (Thanks to Jonathan Zittrain, Susan Crawford)…. Continue reading

Posted in Uncategorized | 4 Comments

Exit Valenti

Jack Valenti says goodbye in the LA Times today, rating his career “AE–always exciting.” A few better and less-well known Valentisms from the King-Kong of lobbyists: On the nascent cable industry, in 1974 “[Cable will become] a huge parasite in the marketplace, feeding and fattening itself off of local television stations and copyright owners of copyrighted material. We do not like it because we think it wrong and unfair.” On the dangers on media concentration, 1984 Op-Ed “Will a democratic society allow just three corporate entities to wield unprecedented dominion over television, the most decisive voice in the land? There… Continue reading

Posted in cc | 11 Comments

The Copyright Gap

Here’s the hypothesis: Today’s telecom and copyright laws often regulate similar subjects, but with a big difference. The telecom laws slightly favor market entrants, while the copyright laws favor the incumbent disseminators. The result is a “copyright gap” that grows larger every day…. Continue reading

Posted in ideas | 11 Comments

An agreement that may change the world

For the developing world, farm subsidies are slow-motion weapons of mass destruction. Yesterday’s WTO agreement is the first multilateral deal in a decade that pledges reductions. If it holds, much could change — but it could also mean new pressures for adherence to international IP laws…. Continue reading

Posted in International | 7 Comments