Sept 23, 2009 (More on net neutrality)
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BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY, SEPTEMBER 23, 2009
NETWORK NEUTRALITY
Obama hails new Web rules
Speaker Pelosi Supports Proposed New Rules on Network Neutrality
Chairman Rockefeller on Preserving the Open Internet
Rep Markey Praises FCC's Network Neutrality Efforts
Neutering the 'Net
FCC Position May Spell the End of Unlimited Internet
Verizon Talks the Openness Talk, Doesn't Walk the Openness Walk
THE STIMULUS AND THE NATIONAL BROADBAND PLAN
Deployment proposals for the National Broadband Plan
National Broadband Plan Again the Agenda for FCC Meeting Sept 29
FCC Includes Blogband Postings as Part of the Record for the National Broadband Plan
US's Future Tied to Broadband, Media Policy, says FCC's Copps
Stimulus funding just a down payment, DOE says
JOURNALISM
President Obama! Stiff-arm that "save the newspapers" legislation!
GOVERNMENT & COMMUNICATIONS
Obama to Set Higher Bar For Keeping State Secrets
New Technology Used For Streamlining Data
China appeals WTO ruling against media restrictions
EMERGENCY COMMUNICATIONS
Rockefeller, Hutchison Introduce PSIC Bill
OWNERSHIP
FTC, DoJ to Consider Horizontal Merger Guidelines
FCC Diversity Committee Recommends Renewal Of Studies Examining Market-Entry Barriers To Women, Minorities
SEE YOU IN COURT
Authors seek delay in Google books settlement
EU court adviser backs Google on Net ads
Cablevision, FCC Battle Over Extension Of Program Access Rules
MORE ONLINE ...
Health care remains Hot Topic
Universities Pilot Amazon's Kindle in the Classroom
Chicago focuses IT on public health
Search engines are about to drive dictionary sites out of business
Utah Tackles Texting And Driving Problem Head-On
TV Shapes Up as Web Battleground
Phone app market growing
Facebook to form alliance with Nielsen
Industry group: OK for iTunes to block Palm Pre
Bokova to head UNESCO
Census Uses Telenovela to Reach Hispanics
The Clock Keeps Ticking on Appointments
Recent Comments:
Heat over FCC hires
NETWORK NEUTRALITY
OBAMA HAILS NEW WEB RULES
[SOURCE: Los Angeles Times, AUTHOR: Christi Parsons]
On Monday, President Barack Obama spoke out in support of new Network Neutrality rules proposed by Federal Communications Commission Chairman Julius Genachowski. The new rules are "an important reminder that the role of government is to provide investment that spurs innovation and common-sense ground rules to ensure that there is a level playing field for all comers who seek to contribute their innovations," President Obama said. Chairman Genachowski summarized the principles of net neutrality as "Network operators cannot prevent users from accessing the lawful Internet content, applications, and services of their choice, nor can they prohibit users from attaching non-harmful devices to the network."
Benton.org | Los Angeles Times
http://benton.org/node/28109
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SPEAKER PELOSI SUPPORTS PROPOSED NEW RULES ON NETWORK NEUTRALITY
[SOURCE: House of Representatives, AUTHOR: Speaker Nancy Pelosi]
Speaker Nancy Pelosi (D-CA) applauded Federal Communications Commission Chairman Julius Genachowski and the FCC for undertaking a rulemaking process to preserve openness and competition on the Internet. Speaker Pelosi said, "With health IT and smart grid technologies, we have seen the profound role that the Internet can play in addressing national issues such as health care and climate change. The more the Internet encourages investment, innovation, and consumer choice, the more effective it will be in helping to tackle these and other challenges. I look forward to working with the FCC to preserve and promote an open, transparent, and competitive Internet for all Americans."
Benton.org | House of Representatives
http://benton.org/node/28108
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CHAIRMAN ROCKEFELLER ON PRESERVING THE OPEN INTERNET
[SOURCE: US Senate, AUTHOR: Chairman Jay Rockefeller]
Sen Jay Rockefeller (D-WV), Chairman of the Senate Commerce Committee, issued the following statement on the Federal Communications Commission's intention to issue a notice of proposed rulemaking on net neutrality regulations: "An open Internet has been key to expanding economic, education, and healthcare opportunities to consumers and businesses, especially in rural areas, as well as facilitating political dialogue among all Americans. At times, this free market of ideas has been threatened by communications providers blocking access to lawful content and applications. Such actions harm all Internet users and undermine the innovation that has made this country strong. I applaud Chairman Genachowski's proposal as a good first step toward protecting consumers' rights and the integrity of a free and open Internet for all Americans."
Benton.org | US Senate
http://benton.org/node/28107
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REP MARKET PRAISES FCC'S NETWORK NEUTRALITY EFFORTS
[SOURCE: House of Representatives, AUTHOR: Rep Ed Markey]
Rep Ed Markey (D-MA), co-author of the Internet Freedom Preservation Act (HR 3458), legislation that would establish national broadband policy and ensure an open and consumer-oriented Internet, praised Federal Communications Commission Chairman Julius Genachowski's announcement of a plan to establish new rules setting forth a national net neutrality policy. "This is a significant step towards preserving the free and open nature that has enabled the Internet to become a platform for innovation, job-creation and economic growth," said Rep Markey. I hope the full Commission follows Chairman Genachowski's lead in this vital effort. Rules put forward by the Commission in this area would be a key complement to the bill that Chairman Waxman, Congresswoman Eshoo and I are advancing to codify these vital protections for consumers and innovators, and I look forward to working with the Commission and my colleagues in the weeks and months ahead. The Internet is a tool of commerce, a tool of democracy, and a tool of daily life. In the same way that our communications networks have been guided by nondiscrimination for decades, this generation's communications networks should operate in the same transparent and nondiscriminatory environment."
Benton.org | House of Representatives
More on Internet Freedom Preservation Act
http://www.benton.org/node/26805
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NEUTERING THE 'NET
[SOURCE: Wall Street Journal, AUTHOR: Holman Jenkins Jr]
[Commentary] Here's where the real fight begins. Google has been one of the most influential Network Neutrality proponents. But Google also understands, as its chief Eric Schmidt recently put it, "It's very, very important that the telecom operators have enough capital to continue the build-outs." Google's trick will be to lobby for the optimum of Internet socialism—"tiered" pricing may be OK, in which some consumers pay extra for a bigger pipe. But usage-based pricing that would give consumers a reason to think twice before clicking on a Google-sponsored ad? It would be the end of Google's business model. And Google has allies. The greatest fear of Microsoft, Amazon, eBay and Yahoo is having to plumb their deep pockets and offer competing payments to broadband carriers to speed their bits to consumers. They much prefer spending their money to sprinkle server farms around the globe, assuring fast, reliable access for their customers in a way that no newcomer can easily replicate. What if some startup Google sought to achieve the same goal by outsourcing its data management to the telecos, say, by mounting servers in their premises to help deliver Web applications more quickly? This would be a win-win for both parties. Data that travels within a carrier's system is cheaper to deliver than data that must be handed off between two or more carriers. Would such an arrangement be a violation of net neutrality? Google would likely shriek so. But then, for all the grass-roots pose, Network Neutrality has always been a weapon in the hands of status-quo companies trying to protect themselves against technological change. First AOL, now Google: A lot of things may be new under the sun, but regulatory incentives aren't one of them.
Benton.org | Wall Street Journal
http://benton.org/node/28118
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FCC POSITION MAY SPELL THE END OF UNLIMITED INTERNET
[SOURCE: Wired, AUTHOR: Dylan Tweney]
[Commentary] Does Network neutrality mean the days of all-you-can-eat, flat-rate Internet access are probably over? Net neutrality regulations make sense in closed, monopolistic situations. But outside of small, rural markets, most of the US offers a high level of competitive choice. There are at least three big problems with making net neutrality a federal mandate. 1) Bandwidth is not unlimited, especially in the wireless world: ISPs say they need the flexibility to ban or mitigate high-bandwidth uses of their network or overall service will suffer. 2) Enforcement of neutrality regulations is going to be difficult: Preferential "packet shaping" is easy to turn off and on, as network demands ebb and flow, but proving such infractions of neutrality will be complex, slow and difficult. 3) Free market more effective: The Federal Communications Commission is proposing taking a free market that works, and adding another layer of innovation-stifling regulations on top of that.
Benton.org | Wired
http://benton.org/node/28105
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VERIZON TALKS THE OPENNESS TALK, DOESN'T WALK THE OPENNESS WALK
[SOURCE: GigaOm, AUTHOR: Colin Gibbs]
[Commentary] Verizon Wireless, nearly two years after saying it would offer its network to "any apps, any device," is moving toward openness with all the haste of a 12-year-old headed to the dentist. The company said today it's certified fewer than five dozen devices for its 3G network, most of which are "specialized M2M units" — in other words, not the kind of thing you're going to pick up at Best Buy. The carrier also announced the imminent launch of Vcast Apps, an initiative designed to allow developers to distribute their wares to Verizon's customers. While the talk of openness makes for good public relations, of course, and helps satisfy the requirements set forth by the FCC when Verizon won a chunk of 700 MHz spectrum at auction last year. But today's press release makes Verizon's priorities clear: It's the network, stupid.
Benton.org | GigaOm
http://benton.org/node/28104
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THE STIMULUS AND THE NATIONAL BROADBAND PLAN
DEPLOYMENT PROPOSALS FOR THE NATIONAL BROADBAND PLAN
[SOURCE: Federal Communications Commission]
The Federal Communications Commission has received 12 proposals on broadband deployment for the National Broadband Plan from the public via IdeaScale. The most popular proposals are to 1) exclude low speed services (like satellite broadband) from the plan and 2) to ensure Network Neutrality. Additional ideas include requiring broadband be available in all public housing, using "dark fiber," making broadband deployment and adoption an Obama Administration Cabinet-level priority, modernizing the Universal Service Fund, and initiating and expanding programs to extend broadband to persons with disabilities, seniors, minorities, Native Americans, and other populations that are too often on the wrong side of the digital divide. The FCC awaits your proposals -- and your votes!
http://bit.ly/XzoNh
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NATIONAL BROADBAND PLAN AGAIN THE AGENDA FOR FCC MEETING SEPT 29
[SOURCE: Federal Communications Commission]
The Federal Communications Commission will hold an Open Meeting on Tuesday, September 29, 2009, which is scheduled to commence at 1:00 pm in Room TW-C305, at 445 12th Street, S.W., Washington, D.C. The meeting will feature presentations on the status of the Commission's processes for development of a National Broadband Plan.
Benton.org | Federal Communications Commission | B&C
http://benton.org/node/28098
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FCC INCLUDES BLOGBAND POSTING IN RECORD FOR NATIONAL BROADBAND PLAN
[SOURCE: Federal Communications Commission]
To foster dialogue about the National Broadband Plan, the Federal Communications Commission launched a new blog called "Blogband." The FCC is now clarifying that views expressed on Blogband will be part of the official record in the National Broadband Plan proceeding (known to wonks as GN Docket No. 09-51). And, so, the FCC is advising people to track both its Electronic Comment Filing System and Blogband to ensure that they are aware of all relevant views expressed to the Commission concerning the National Broadband Plan. And, if you make a posting at Blogband, you do NOT have to make an ex parte filing.
Benton.org | Federal Communications Commission
Blogband
http://blog.broadband.gov
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US'S FUTURE TIED TO BROADBAND, MEDIA POLICY, SAYS FCC'S COPPS
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Michael Copps]
Speaking to the Joint Center for Political and Economic Studies, Federal Communications Commission member Michael Copps spoke about the Commission's task of crafting a National Broadband Plan and media policy. About the broadband plan he said, "If we succeed at our task of deploying this infrastructure across America, we will create millions of new jobs and businesses. We will bring more and better education to our children. We will advance medical care through the development and delivery of new health services. We will be able to tackle our debilitating energy dependence through smart grids and other smart energy initiatives. We will be able to slow the degradation of our environment. And enhance the delivery of government services. The list goes on, but my point is this: there are few if any challenges confronting our country today whose solution does not have a broadband component involved in it. Broadband to me is the Great Enabler, empowering us to tackle our problems and to overcome." On media policy, he said, "The success of our media is so integral to the success of our country. If we have a media that reflects the genius and the diversity of America, that provides real news and information to citizens voting on the country's direction, that covers the communities where we actually live in all their splendid diversity, we will have a media that does justice to America. Lots of broadcasters do good things-no question about that-but at the end of the day our media environment is not measuring up to the challenges we face. Take the state of our news and, since I'm from the FCC, let's begin with broadcast news. We rely so heavily on our broadcast media for so much of the news we must have; for emergency and public safety information; for public affairs programming essential to our civic dialogue; and for programming reflecting the great cultural and ethnic diversity that comprises the great tapestry that is America. But news-gathering has been cut to the bone and in-depth investigative journalism will be an endangered species if we continue much longer down the road we're traveling. Broadband and the Internet open new opportunities, to be sure, but what we've gained there hasn't yet begun to match what we have already lost because of bad choices that have been made regarding traditional media. I'm talking about bad choices by the private sector through the heedless consolidation bazaar of the past decade that saddled companies with debt that became unmanageable when the economy went south and that sacrificed localism and diversity to uniformity and program homogenization. And I'm talking about bad choices by government, particularly the Commission of which I am a member, through mindless deregulation of public interest protections that undergirded the country's media landscape for decades. Together, I believe, these private and public choices exacted a heavy toll on consumers, on all our citizens and, in the end, even on the companies themselves. We've been asleep at the public interest switch. We'd better wake up before it's too late. We should be developing policies, for example, to use some of that new digital television multi-cast capacity for programs that focus on local culture and diversity groups, on local civic affairs and elections, on local music and arts and sports. Wouldn't that be a wonderful counterweight to all the nationalized, homogenized, stereotyped mono-programming that seems to be evermore the norm? With a few media dance-masters calling the tune, too few of the kind of stories I am advocating make it to our screens. Too little real hard-hitting journalism. Too little news about what's really going on in America. I think we're playing with fire letting this happen. I think we're taking huge risks with our democracy. And I think we need to change it now. For openers, maybe, just maybe, when your FCC looks at a station's license renewal, instead of stamping the post card that comes in, we should be asking how that station is serving the interests of its locality? And the answer should determine our action."
Benton.org | Federal Communications Commission
http://benton.org/node/28096
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STIMULUS FUNDING JUST A DOWN PAYMENT, DOE SAYS
[SOURCE: TelephonyOnline, AUTHOR: Sarah Reedy]
The $4.5 billion that the federal government has allocated in smart grid stimulus funding is just a utility's down payment on the grid, said Department of Energy senior advisor Matt Rogers, who oversees allocation of the funding. It is a down payment in customer choice, but the expected return on investment is what has nearly every utility and a range of players and new partners clamoring for a piece of the market. "We are trying to move this in quite a rapid fashion," Rogers said. "As part of making the down payment is the expectation that these are high payout projects...It'll take $150 to $180 million in investments, but the payout is four or five to one." The government's aid in the grid is also an investment in network reliability to create much more rapid response and a reliable grid network, as well as to create a grid that can handle the levels of renewable energy that the DOE is anticipating, he said. The DOE reports its progress every 100 days to encourage accountability and make sure the movement being expedited by the Obama administration stays on track. Today, at day 217, Rogers said the DOE has awarded $23 billion of the $36.7 billion it has available for America's energy and environmental future, of which the grid is a critical part.
Benton.org | TelephonyOnline
http://benton.org/node/28100
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JOURNALISM
PRESIDENT OBAMA, STIFF-ARM THAT "SAVE THE NEWSPAPERS" LEGISLATION!
[SOURCE: Slate, AUTHOR: Jack Shafer]
[Commentary] The government's attempt to prop up newspapers with rewrites of the tax code or direct subsidies of government advertising and free subscriptions for young people interferes with the already-in-progress transition from print to digital news delivery that's been accelerating for the past 15 years -- or longer. Propping up troubled papers has a cost. It weakens the enterprises that are rising from below to compete with them to deliver advertising and, yes, deliver news. I can think of no better way to hinder the rise of such Web sensations as Politico and Talking Points Memo than rewriting the rules to benefit newspapers. Remember, the decline of newspapers is multifactorial, and it didn't start yesterday. As early as 1992, Warren Buffett was counseling investors against newspapers, saying they had already lost their economic advantage. This was a full three or four years before the commercial World Wide Web took off. Even if the government were to create as level and competitive a playing field as possible—say, impose the same sales tax burden on Web retailers as bricks-and-mortar shops that are much more likely to advertise in newspapers—I doubt that the dying newspaper trend could be fully reversed. The best thing President Obama can do for the news business is nothing.
Benton.org | Slate
http://benton.org/node/28095
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GOVERNMENT & COMMUNICATIONS
OBAMA TO SET HIGH BAR FOR KEEPING STATE SECRETS
[SOURCE: Washington Post, AUTHOR: Carrie Johnson]
The Obama administration will announce a new policy Wednesday making it much more difficult for the government to claim that it is protecting state secrets when it hides details of sensitive national security strategies such as rendition and warrantless eavesdropping. The new policy requires agencies, including the intelligence community and the military, to convince the attorney general and a team of Justice Department lawyers that the release of sensitive information would present significant harm to "national defense or foreign relations." In the past, the claim that state secrets were at risk could be invoked with the approval of one official and by meeting a lower standard of proof that disclosure would be harmful. That claim was asserted dozens of times during the Bush administration, legal scholars said. The shift could have a broad effect on many lawsuits, including those filed by alleged victims of torture and electronic surveillance. Authorities have frequently argued that judges should dismiss those cases at the outset to avoid the release of information that could compromise national security.
Benton.org | Washington Post
http://benton.org/node/28122
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NEW TECHNOLOGY USED FOR STREAMING DATA
[SOURCE: Washington Post, AUTHOR: Philip Rucker]
The administration began a Web program Tuesday that eliminates red tape in the immigration process by allowing applicants to follow their status via text message and e-mail. It is the latest example of how President Obama and his advisers are bringing the technological innovations of his 2008 campaign to the federal bureaucracy. Administration officials said they also are developing a central method for Americans to receive government emergency information, consumer product recalls and other alerts electronically. The administration recently compiled all data from various federal agencies onto one Web site, Data.gov, and employed new technologies used by private businesses to run the government-sponsored "Cash for Clunkers" auto trade-in program. President Obama created two positions -- chief information officer and chief technology officer -- to try to make government more efficient. Vivek Kundra, the chief information officer, said efforts such as the new electronic immigration status system and Data.gov site are "fundamentally changing the default of the public sector" to make it more transparent. "You're seeing a result of a transparent and open government the president talked about," Kundra said.
Benton.org | Washington Post
http://benton.org/node/28121
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CHINA APPEALS WTO RULING AGAINST MEDIA RESTRICTIONS
[SOURCE: Los Angeles Times, AUTHOR: Richard Verrier, David Pierson]
Hollywood's long-running battle to pry open the vast Chinese market suffered another setback Tuesday. China has appealed a ruling by the World Trade Organization that it broke international rules by restricting imports of movies, music and books. The ruling, issued last month, stipulates that Beijing cannot force foreign media companies to distribute their content through Chinese state-owned entities that have a monopoly over the market. That was a victory for major Hollywood studios and others who have been frustrated for years over limited access to the Chinese market. But in its appeal, China contended that the WTO panel "committed errors of law and legal interpretation in concluding that none of the measures are necessary to protect public morals." The Motion Picture Association of America, the trade group representing the six major studios, expressed disappointment. "The initial decision was a significant win for the U.S. film industry, and we are confident that the U.S. position will prevail, again, as the appeals process unfolds," MPAA Executive Vice President Greg Frazier said.
Benton.org | Los Angeles Times
http://benton.org/node/28115
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EMERGENCY COMMUNICATIONS
ROCKEFELLER, HUTCHISON INTRODUCE SAFETY BILL
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Sens Jay Rockefeller (D-WV) and Kay Bailey Hutchison (R-TX) have jointly introduced a bill to extend the Public Safety Interoperable Communications (PSIC) grant program. That is the program that funds state efforts to provide interoperable equipment and training, and the legislators want to make sure they have the money to deploy projects in the works. The House Commerce Committee has scheduled a hearing for Thursday (Sept. 24) on "recent developments" regarding that national interoperable network.
Benton.org | Broadcasting&Cable
http://benton.org/node/28119
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OWNERSHIP
FTC, DOJ TO CONSIDER HORIZONTAL MERGER GUIDELINES
[SOURCE: Federal Trade Commission, AUTHOR: Press release]
The Federal Trade Commission and the U.S. Department of Justice (DOJ) announced that they will solicit public comment and hold joint public workshops to explore the possibility of updating the Horizontal Merger Guidelines that are used by both agencies to evaluate the potential competitive effects of mergers and acquisitions. The goal of the workshops will be to determine whether the Horizontal Merger Guidelines accurately reflect the current practice of merger review at the FTC and DOJ, as well as to take into account legal and economic developments that have occurred since the last significant Guidelines revision in 1992. The Horizontal Merger Guidelines outline the merger enforcement policy of the FTC and DOJ. The Guidelines describe the analytical framework and specific standards normally used by the agencies in analyzing mergers. The Guidelines are intended to reduce the uncertainty associated with enforcement of the antitrust laws in the merger area. The agencies will issue a set of questions about the current Guidelines and possible revisions. Following receipt of public comments and original research addressing those questions or other issues related to the Guidelines, the agencies will host a series of five workshops. The workshops, which are open to the public and press, will take place in December 2009 and January 2010. The first workshop will be held in Washington, DC, on December 3, 2009, followed by workshops in Chicago, New York City, and San Francisco. A final workshop also will be held in Washington, DC.
Benton.org | Federal Trade Commission | B&C
http://benton.org/node/28089
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DIVERSITY COMMITTEE RECOMMENDS STUDIES
[SOURCE: Multichannel News, AUTHOR: John Eggerton]
The Federal Communication Commission's Diversity Committee has recommended that the agency renew its Adarand studies examining market entry barriers to women and minorities, and to make sure that the peer-reviewed studies have sufficient funding so that the result could meet the standards of a reviewing court. The Supreme Court's Adarand decision held that "federal affirmative action programs that use racial and ethnic criteria as a basis for decisionmaking are subject to strict judicial scrutiny." The committee wants to make sure the FCC's diversity initiatives can survive that scrutiny. The committee recommended the FCC restore its designated entity program. The committee also adopted numerous recommendations for the national broadband plan, including incentives for high-speed broadband, a broadband hardware subsidy, expanding the E-rate program to include Internet literacy and training, partner with organizations that win broadband stimulus grants to help drive demand for broadband. At a speech Tuesday, FCC commissioner and former acting chairman Michael Copps praised the moves.
Benton.org | Multichannel News
http://benton.org/node/28120
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SEE YOU IN COURT
AUTHORS SEEK DELAY IN GOOGLE BOOKS SETTLEMENT
[SOURCE: Reuters, AUTHOR: Grant McCool, Diane Bartz]
Authors and publishers asked US District Judge Denny Chin on Tuesday to delay a hearing on whether to approve a controversial settlement that would allow Google to create a massive online digital library. The authors and publishers said the parties wanted to work with the Justice Department to resolve its concerns. They requested a November 6 status hearing in the case. Google agreed with the delay request. "We are considering the points raised by the Department of Justice and others, and we look forward to addressing them as the court proceedings continue," the company said in a statement.
Benton.org | Reuters
http://benton.org/node/28103
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EU COURT ADVISOR BACKS GOOGLE ON NET ADS
[SOURCE: Reuters, AUTHOR: Michelle Sinner]
An adviser to the European Union's top court backed Google in a row with luxury goods maker LVMH over Internet advertising, saying the Web search firm had not infringed trade mark rights. The case centers on whether Google has the right to sell brand names for Internet search advertising -- a money-spinner for the group. Companies such as shoe stores, for example, pay Google so their name appears alongside Internet search results for a brand of designer shoes they sell. LVMH's Louis Vuitton fashion brand and others have been fighting such advertising after makers of imitation products piggybacked on those brands in online searches to attract customers. But the European Court of Justice said Tuesday that Advocate General Poiares Maduro "considers that Google has not infringed trade mark rights by allowing advertisers to buy keywords corresponding to registered trade marks."
Benton.org | Reuters
http://benton.org/node/28102
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CABLEVISION, FCC BATTLE OVER EXTENSION OF PROGRAM ACCESS RULES
[SOURCE: Multichannel News, AUTHOR: John Eggerton]
Cablevision and the Federal Communications Commission squared off in federal court Tuesday over the agency's five-year extension of the program access rules back in 2007, with both sides getting some tough questions, though the operator's attorney seemed to get the judges a bit more exercised as they probed arguments over the presence and absence of sufficient competition. Chief Judge David Sentelle suggested Cablevision had a high hurdle in asking it to overturn the predictive judgments of the FCC in not sunsetting the program access rules, suggesting it had been years the court did something similar. Cablevision attorney Henk Brands reminded him that the court had ruled just a couple of weeks ago in the Comcast case that the FCC had not justified its retention of the 30% subscriber cap. Judge Sentelle conceded the point as 40-plus minutes of oral argument in Cablevision's challenge to the program access rule extension came to a close. Brands pointed out that in the Comcast case, the FCC had argued for not removing the cap by saying "hold on, the time is coming" just not yet. The court said that was not good enough, and the same reasoning should apply to the FCC's defense of the program access rule extension, he argued.
Benton.org | Multichannel News
http://benton.org/node/28101
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