May 2008

May 12, 2008
eBay Headquarters
Town Hall
2161 North First Street
San Jose, California 95131

Agenda:
10:00 AM Welcoming Remarks – Tod Cohen, VP and Deputy General Counsel for Government Relations, eBay

10:05 AM Welcoming Remarks – Albert Kramer, Chair, MAP Board of Directors

10:15 AM Panel 1: The Changing Nature of “Content” — The Challenge of Making Policy for Dynamic Technologies

This discussion will focus on how decisions that the government makes about who controls distribution, content and ownership will be critical in determining the course of innovation in the United States.

Panelists:

  • Patrick Ross, Executive Director, Copyright Alliance
  • Mike Godwin, General Counsel, Wikipedia
  • Jule L. Sigal, Senior Policy Counsel/Copyright & Trademark, Microsoft
  • Andrew Jay Schwartzman, President, Media Access Project (Moderator)

11:45 AM Lunch

12:45 PM Panel 2: Whose Pipe is it - The End of “End to End?”

This panel will examine the concept of the Internet as a “closed pipe” and whether that concept is challenged by new technologies and network management demands.

Panelists:

  • Mark Lemley, Professor, Stanford Law School
  • Jason Devitt, Co-Founder and CEO, Skydeck
  • Jeff Brueggeman, Vice President, Regulatory Planning & Policy, AT&T
  • Blake Krikorian, Co-founder, Chairman, and CEO, Slingbox
  • Harold Feld, V.P., Media Access Project, (Moderator)

RSVP by Tuesday May 6 with Brooke Rae-Hunter at brooke@mediaaccess.org or 202.454.5686.



Antitrust Issues Raised by the Emerging Global Internet Economy

The Internet economy is likely to raise antitrust concerns -- and possible demands for regulation -- for years to come. Global gargantuan firms have emerged, which will likely attract scrutiny by competition authorities and by policymakers concerned with competition issues. The web economy poses two major challenges to competition authorities. The law and economics for analyzing the multi-sided platforms that dominate the Internet sector is not well developed. At the same time the web-economy is evolving very rapidly and in ways that are sure to result in antitrust complaints and investigations. Competition authorities and courts will need to exercise great care in balancing the protection of consumers from anticompetitive behavior against causing harm from interfering in complex businesses that are both rapidly moving and not fully understood.
http://colloquy.law.northwestern.edu/main/2008/05/antitrust-issue.html

Sizing up Microsoft and Yahoo: Did anybody win?

Microsoft gave up its effort to acquire Yahoo because the software company decided it wasn't worth the cost and potential negative publicity involved with a proxy fight -- either that or Microsoft figured it couldn't win in a proxy fight. It is likely that Microsoft will increase the pressure on the U.S. Department of Justice to investigate the proposed advertising joint venture between Yahoo and Google. Microsoft's initial strategy was to overbid its offer so the company could close the deal with Yahoo quickly. But Microsoft didn't leave Yahoo's board with an option that allowed it to exit the process looking like it had negotiated strongly.
http://www.infoworld.com/article/08/05/05/Sizing-up-Microsoft-and-Yahoo-...

Three companies Microsoft could buy instead of Yahoo

Assuming that Saturday's public walkaway by Microsoft doesn't prove just to be a high-risk negotiation tactic against Yahoo -- after all, the companies are rumored to have been talking about some sort of merger or acquisition for almost three years -- then what we have is a software vendor suddenly awash in tens of billions of unspent dollars that it can now lavish on other Internet firms. What companies could Microsoft target? AOL; LinkedIn; ValueClick.

Cablevision-Newsday Union Would Raise Regulatory Concerns: Moffett

Should Cablevision Systems succeed in its quest to acquire Long Island newspaper Newsday the deal could come under regulatory scrutiny, according to Sanford C. Bernstein & Co. vice president and senior analyst Craig Moffett. Moffett, in a note released Monday morning, wrote that if Cablevision’s $620 million bid -- currently above the $580 million offered by both Rupert Murdoch’s News Corp., which owns the New York Post and real estate mogul Mort Zuckerman, owner of the Daily News -- wins, it would not be “a regulatory slam dunk.” Moffett points out that while much has been written about anti-trust concerns raised by a Murdoch acquisition of Newsday (News Corp. already runs the Post under an exemption that would ban Murdoch’s because he controls the Fox affiliate in the New York market), Cablevision’s gambit does not cut across similar newspaper/broadcast prohibitions. Nevertheless, Moffett believes a Cablevision/Newsday union would attract scrutiny from the Federal Communications Commission and Congress.
http://www.multichannel.com/article/CA6557291.html?nid=4262

The Wealthiest Colleges Should Acquire 'The New York Times'

[Commentary] The time has come for the nation's wealthiest colleges and universities to rescue its leading newspapers -- resources almost as vital to higher education's purpose as libraries, laboratories, classrooms, and concert halls. The plan I have in mind would call upon the richest institutions to set aside 3 percent of their endowments to buy The New York Times. That's for a start. Additional purchases of other newspapers by other endowments should follow. Never has the need to protect journalism as the source of current knowledge been more evident than now. Surveys of Americans unearth disturbing shards of information: Many cannot name a single U.S. Supreme Court justice; some do not read a single nonfiction book a year. Higher-education institutions and newspapers have an essential bond -- a dedication to the accumulation and dissemination of knowledge -- that makes them mutually dependent. Over the years newspapers have generally defended colleges and universities as sanctuaries for the exchange of ideas -- no matter how repugnant some of those ideas may be -- and championed expenditures on education. Now it's time for higher education, specifically the nation's wealthiest institutions, to come to the aid of newspapers.
http://chronicle.com/free/v54/i35/35a03201.htm

Saints Owner Grabs WVUE

Emmis Communications has agreed to sell WVUE New Orleans to Louisiana Media Company, whose principal owner is New Orleans Saints owner Tom Benson. The purchase price for the Fox affiliate is $41 million. The New Orleans DMA, which slid 10 spots to #53 post-Hurricane Katrina, lost about 20% of its population after the storm. According to BIA Financial, WVUE was the #3 grossing New Orleans station in 2006, grabbing $16.3 million.
http://www.broadcastingcable.com/article/CA6557393.html?rssid=193

McSlarrow: Net Neutrality Law Not Needed

MCSLARROW: NET NEUTRALITY LAW NOT NEEDED
Congress should refrain from adopting a Network Neutrality law because cable operators are managing their broadband networks in an open manner and do not engage in anticompetitive conduct, National Cable & Telecommunications Association president Kyle McSlarrow plans to say in testimony Tuesday on Capitol Hill. McSlarrow is scheduled to testify before the House Subcommittee on Telecommunications and the Internet on Network Neutrality legislation introduced by subcommittee chairman Rep. Edward Markey (D-MA). McSlarrow suggests that legislation would be inappropriate because supporters of a net neutrality law have failed to make the case that broadband network operators have engaged in conduct harmful to consumers, justifying the need for government intervention.
http://www.multichannel.com/article/CA6557729.html?nid=4262

Google concerned about Verizon's open access

Google has asked the Federal Communications Commission to obtain a pledge from Verizon Wireless that it will honor the open-access conditions on a band of 700MHz spectrum before selling the spectrum to the carrier. Google, in a filing with the FCC Friday, raised concerns that Verizon Wireless wasn't committed to the open-access rules the FCC put on the nationwide C block of the 700MHz spectrum the agency sold in an auction ending in mid-March. The FCC's open-access rules required the winner of the C block to allow customers to connect wireless devices of their choosing and run any applications on the network using the C block. Google's filing doesn't explicitly spell out what the company wants the FCC to do if Verizon doesn't pledge to follow the open-access rules, but it implies that the FCC shouldn't sell Verizon the spectrum in that case.
http://www.infoworld.com/article/08/05/05/Google-concerned-about-Verizon...

FCC Releases DTV Consumer Education Plan -- sort of

The Federal Communications Commission is responsible for making rules to facilitate the upcoming transition to digital-only television broadcasting, enforcing those rules to protect consumers, and promoting awareness of the transition through direct to consumer education and other outreach tools including media relations. The FCC must develop a consumer education plan that will augment its current outreach activities and educate the American public to create a steady drum beat of evolving messaging around the transition leading up to February 17, 2009. Creative thinking and a disciplined approach will be essential to keep the transition – a confusing technical issue – relevant for the American public in a somewhat cluttered media landscape. The primary goal of the Consumer Education Plan is to identify channels and outreach activities not yet employed by the FCC to ensure that Americans are made aware of the digital television transition so that they may reap the benefits of it and, if necessary, take action so they are prepared when transition occurs. At the same time, the plan must take into account those high over-the-air audiences that may be harder to reach through conventional information channels. Ketchum recommends that the FCC: 1) Concentrate communications to “over-the-air” (OTA) consumers and hard-to-reach populations. 2) Leverage earned media tactics to deliver appropriate messaging. 3) Identify direct-to-consumer channels that will cost-effectively target OTA households. 4) Create and distribute publications and TV and Radio PSAs that are clear, concise and consistent. 5) Communicate directly with target populations through public and private partnerships, Web site and call center.
http://www.dtv.gov/DTVEducationPlan.pdf