December 2011

A Comic Distributes Himself

Louis C. K. is a freak about doing it himself. He writes, directs, produces and acts in his own series, “Louie,” then edits it himself with Final Cut Pro on his Mac. And now the king of D.I.Y. has one more credential: distributor.

A scabrous and successful champion of the everyman, Louis C. K. decided last week to go direct with his fans: no cable special, no middleman, just a simple download for $5 on his Web site to see his comedy show “Louis C. K.: Live at the Beacon Theater.” The show could be viewed as the consumer wished, with no rights protection or expensive subscription. A buy-it-and-watch-it proposition, no cable company involved. He was also, of course, enabling people to watch it free — without digital rights management, it was there for the pirating — and some went right to the torrent sites and did so. But many, many other people paid the fiver and got a package of two streams and three downloads, which could be burned to a DVD or streamed on a smartphone and wherever else they felt like watching it. About 175,000 people had bought his special through PayPal. He expected 200,000 total downloads by the weekend, which meant he would have grossed $1 million. After covering costs of about $250,000 for the live production and the Web site, that’s a $750,000 profit. And he owns the rights, and the long tail of buyers, in perpetuity. The transparency of the enterprise, including its cost in relation to how many people bought in, was the subject of media coverage all last week.

The Supreme Court and the Future of Journalism

[Commentary] As absurd as it would be for regulators to block Google or Apple from operating in more than one medium, it's now almost 40 years since the Federal Communications Commission's cross-ownership rules have stopped newspapers from owning local broadcasters.

Newspapers and television broadcasters are among the media industry's most troubled companies. If they could, many newspaper companies would combine with television outlets to provide better news and lower combined costs. Whether they will be able to do so is up to the Supreme Court. In the early days of radio and television, local newspapers were so powerful that regulators convinced judges to let them discriminate against them by limiting their ownership of spectrum. Technology has now completely undermined any argument based on limited spectrum, yet U.S. law remains guided by the technology of 1969. That was the year the Supreme Court decided Red Lion Broadcasting v. FCC, which said that bandwidth scarcity justified the now-repudiated "Fairness Doctrine." The justices understood even then, in the pre-personal computer and pre-Internet era, that their exception to the First Amendment was based only on the "present state of commercially acceptable technology." By 1972, federal appeals court Judge David Bazelon could forecast "it may be possible within 10 years to provide television viewers 400 channels through the advances of cable television." That prohibitions still exist on cross-ownership of newspapers and broadcast stations reminds us that once regulations are issued, it's almost impossible to get rid of them—no matter how much the technology on which they are based has changed.

Many newspaper companies are fighting for their lives as digital media offer benefits for both advertisers and readers that long ago ended the dominance of print. That should be an argument for no longer making newspaper companies the only ones that can't combine with broadcasters. The best way to preserve a diversity of voices is to let the troubled newspaper and broadcasting industries combine to help them compete and indeed survive.

Cellphone Carriers Keep Voices Low as Watchdogs Push for Ban in Cars

Watchdogs are pushing to ban cellphone calls by drivers—directly challenging how mobile devices are used—but carriers, caught between profits and safety, are keeping a low profile.

The National Transportation Safety Board's recommendation last week that states ban the use of cellphones and other devices while driving, even if drivers are using hands-free technology, catches carriers in the middle of those issues. At a time when lucrative revenue from voice calling is in decline, the automobile is one of the last settings in which talking on the phone can be more practical than texting or emailing. Yet even though bans could threaten a big source of voice minutes, carriers are reluctant to get on the wrong side of a safety issue. One-third of Americans fairly often or regularly talk on their cellphones when behind the wheel, the American Automobile Association says. They have plenty of opportunity. The latest Census figures found that more than three-quarters of Americans commute to work alone in their car, with the average commute taking 25 minutes. The Department of Transportation has said research shows drivers are distracted by the mere fact of a phone conversation, which causes them to miss audio and visual cues that could help them avoid an accident. Some industry groups disagree, arguing that if talking on the phone is a distraction, then so is talking to the person in the passenger seat. But CTIA, the group that represents wireless carriers and device manufacturers, isn't taking much of a stand to preserve the car as a last bastion of voice calling. It says it wouldn't oppose local or state bans on calling while driving.

Rebooting Philanthropy in Silicon Valley

Silicon Valley stars often get rich in their 20s, but the tech industry overall has been criticized as being stingy when it comes to public charity. Some executives, like Bill Gates, wait until they retire to become active philanthropists. Others, like Steve Jobs, may not give much publicly during their lives. And while there is evidence that the valley is more philanthropic than it seems, Laura Arrillaga-Andreessen, 41, says more could be done.

“The word ‘philanthropy’ brings up an image of somebody who’s had an illustrious career, has retired and is giving to highly established institutions that may or may not have ivy growing up their walls,” she says. “I personally have felt the need to give philanthropy a reboot.” While attending the Stanford Graduate School of Business, she created a business plan for an organization that would teach philanthropy and make grants using strategies borrowed from the venture capital industry. The group, SV2, now has 175 donors who have financed 35 early-stage nonprofits over 13 years and last year gave away almost $500,000. Arrillaga-Andreessen has taught a Stanford class on strategic philanthropy for 11 years and is on the board of her parents’ foundation. She started a center at Stanford to connect academics and nonprofits, and this fall published a book, “Giving 2.0: Transform Your Giving and Our World.” But her most powerful weapon may be her personal cachet.

Facebook Lawsuit Against Ads ‘Liked’ by Friends Can Proceed, Judge Rules

Facebook, the world’s most used social-networking service, can be sued by people who claim showing advertisements that their friends apparently like violates a California law regarding commercial endorsements.

U.S. District Judge Lucy Koh in San Jose rejected Facebook’s bid to dismiss the lawsuit on Dec. 16, ruling the plaintiffs may pursue claims that the company’s sponsored ads violate state law and are fraudulent. Koh granted Facebook’s request to dismiss a claim that it unjustly enriched itself with the sponsored ads. Facebook earns revenue primarily through the sale of targeted advertising that appears on members’ Facebook pages, including so-called sponsored stories, which the Palo Alto, California-based company started Jan. 25. A sponsored story is a paid ad consisting of another friend’s name and profile picture and claiming the person likes the advertiser. The plaintiffs claim it’s an unauthorized use of their names and likenesses and that they deserve compensation. The “plaintiffs have articulated a coherent theory of how they were economically injured by the misappropriation of their names, photographs and likeness,” Judge Koh wrote.

Firms Bid on NATO Cyberwar

NATO, fresh from its battlefield success in Libya, is focusing on the next front: cyberwar.

The North Atlantic Treaty Organization on Dec 19 will collect bids from some of the world's top defense companies, including Lockheed Martin Co. and Northrop Grumman Corp., to update and expand the alliance's cybersecurity abilities. The €32 million ($42 million) contract, although valued at less than the price of one fighter jet, holds great significance because it cements the alliance's role in protecting cutting-edge infrastructure, say NATO officials. "It's a small amount of money but it's technically ambitious," said Suleyman Anil, head of NATO's Cyber Defense Section, in an interview. The systems being developed will need to collect and sift through vast amounts of data across NATO networks stretching from the U.S. to Afghanistan. The unit, NATO's Computer Incident Response Capability center, must also be able to assist member governments facing major cyberattacks. Defense contractors and technology companies from across the 28-country alliance are preparing to compete fiercely for the contract. Traditional military spending is getting slashed on both sides of the Atlantic, but cybersecurity remains one area where governments continue to invest. The NATO contract is unusual because it lacks the domestic politics that sway most national-defense procurements.

Groups’ efforts to meet data rules criticized

Europe’s data protection body has slapped down efforts by Internet advertising companies such as Google, Yahoo and WPP to meet tough new privacy rules.

The Internet Advertising Bureau Europe has made its YourOnlineChoices.eu website a key plank of its members’ attempts to comply with the European Union’s e-privacy directive, which requires websites to gain consent for the collection of users’ data through cookies, which can then be used to target advertising based on browsing behavior. The Article 29 working party, a group of data protection officials from EU member states that advises the European Commission on online privacy, said on Wednesday that YourOnlineChoices “does not result in compliance with the current e-privacy directive” and misleads consumers. “The working party stresses that the code and the website create the wrong presumption that it is possible to choose not to be tracked while surfing the web. This wrong presumption can be damaging to users, but also to the industry if they believe that by applying the code they meet the requirements of the directive. The IAB said it would consider the group’s recommendations. Its website has aimed to provide a one-stop shop to consumers for “information about how behavioral advertising works, further information about cookies and the steps you can take to protect your privacy on the internet.”

Egypt News Media Clash Over Cause of Violence

On the third day of clashes between security forces and protesters in the center of the capital, a new battle broke out on Dec 18 between Egypt’s state-run and independent media over whom to blame for the violence.

What is at stake in the propaganda war is public support ahead of the looming contest between an elected Parliament and the ruling military council over who will control the transitional government and oversee the drafting of a new constitution. Human rights activists called the government’s depiction of the protesters as hooligans an official campaign of distortion intended to cover up the military’s violence and bolster its image. Election monitors also said the violence and confusion were casting a shadow over continuing parliamentary elections — the first since the ouster of Hosni Mubarak. Egyptian state television presented news on Sunday of a forensic report purporting to show that the bullets that caused the deaths were fired at close range. It was evidence, the presenters suggested, that the demonstrators who died had been killed by infiltrators in their ranks, not the security forces. State television also interviewed people who said that they were protesters who had been paid by liberal groups to attack the military, echoing propaganda from the last days of the Mubarak government. Later, after deprecating the protesters, state television reported that the top military officer, Field Marshal Mohamed Hussein Tantawi, had paid a condolence call to their wounded. The new independent papers and satellite channels that have sprung up since Mr. Mubarak’s exit appeared to be covering a different country.

House postpones action on Internet piracy bill

After two days of heavy debate on a House bill aimed at curbing online piracy, the House Judiciary Committee has postponed action on the measure until Wednesday, Dec 21 [yes, right, Hanukkah, for those of you scoring at home].

A vocal minority of committee members introduced more than 50 amendments intended to delay and derail the legislation, which would authorize the government and copyright holders to seek court orders forcing search engines and other Web firms to delete links to foreign sites dedicated to copyright infringement. But the majority of those amendments were shot down by Chairman Lamar Smith (R-TX) and his fellow supporters, who belittled claims the bill would lead to censorship and stifle innovation on the Internet. Still, the delay could add fuel to the grassroots backlash that has been growing online against the bill.

The Internet erases borders, SOPA puts them back

The old-media machine has realized it has to act soon to maintain its ever-weakening hold on the days when content was not digital and people weren’t sharing every waking moment of their lives. Mainstream technology adoption equals mainstream political attention, and entrenched industries seem to have figured out that they have to act before too many citizens (and too many legislators) start using these new devices and come to understand the limitations that laws such as the Stop Online Piracy Act (SOPA) could impose on them.

Essentially SOPA could make it possible for web sites to be shut down for hosting pirated content, and could penalize sites that host such content even unknowingly. Just like the iPhone brought smartphones into the mainstream, widespread streaming, YouTube and foreign online pharmacies have brought SOPA to Congress. But the fundamental issue isn’t really about SOPA — it’s about protecting business models that rely on a fragmented world, as the Internet makes that fragmentation less relevant. The realization is slowly dawning that making money based on varied pricing and distribution within certain borders has become impossible. SOPA may be the content industry’s attempt to throw up a terrible option in order to make a compromise solution seem more palatable, but the hard truth is that compromises will have to be made.