December 2011

White House Ramps Up E-Petition Responses

The White House has boosted its rate of responses to We the People petitions after a slow start, posting nine responses in the past week. Five of the responses are refusals to comment on legal cases, including cases against American Indian activist Leonard Peltier and accused Wikileaks leaker Bradley Manning, or on investigations including one seeking an investigation into the Church of Scientology. Several others, though, give a sense of White House engagement with petitioners if not evidence any of the petitions has led to a genuine policy change or a shift in administration thinking.

(11/22)

In Surprise Ruling, Judge Throws Out Netflix Price-Fixing Lawsuit

A week ago, millions of Netflix subscribers received an email saying they would receive a payment over price-fixing in the online movie market. They will still be paid—just not by Netflix after an unusual bit of good news for the company.

In a ruling handed down in San Francisco, a federal judge dismissed a class action suit that accused Netflix of colluding with Wal-Mart.com in 2004 to divvy up the DVD market. According to the complaint, the CEO’s of the two companies struck a deal over dinner in which Netflix agreed not to sell DVD’s if Wal-Mart said it wouldn’t rent them. Lawyers for the plaintiffs said that the scheme resulted in Netflix subscribers overpaying for DVDs between 2005 and 2010. The dismissal is a surprise because Netflix’s alleged co-conspirator agreed to settle the suit earlier this year. The email last week announced that Wal-Mart had set aside $27 million and provided a website that will soon announce the terms of collection. Ordinarily, in this situation, the other member of an alleged price-fixing conspiracy would also reach a settlement but Netflix fought on and began preparing for a jury trial scheduled for early next year. The decision to dig in appears to have paid off.

(11/23)

Why Might A Publisher Pull Its E-Books From Libraries?

Following the news that Penguin, citing security concerns, is pulling its new e-books from libraries—and making none of them available for library lending through Kindle—many are wondering why the publisher would do such a thing. (Penguin and Random House had been the only two “big six” publishers to offer unfettered access to e-books through libraries; now Random House is alone in doing so.)

Here are some possible reasons, none of which are “Penguin is stupid and is trying to make itself obsolete”—but all of which are a response to high demand for e-books in libraries, and I might argue that attempts to curtail or impede that demand are, at a minimum, counterproductive.

  • Penguin is mad about Amazon’s deal with OverDrive and is retaliating.
  • Penguin thinks people are checking out e-books from non-local libraries
  • Penguin is worried that e-book checkouts from libraries will cut into sales.

(11/22)

Occupy Wall Street Drives Economic Coverage

A series of police crackdowns resulted in the biggest week of Occupy Wall Street media coverage since the protests began two months ago.

And for the second week in a row, the stunning sexual abuse scandal at Penn State University registered as the No. 2 story in the nation. Last week, the U.S. economy was the No. 1 story at 22% of the newshole, with the majority of that coverage focused on the confrontations between protesters, law enforcement, and the city governments that preside over the public spaces that have become encampments. All totaled, the Occupy Wall Street story accounted for 13% of the overall newshole during the week of November 14-20, according to the Pew Research Center’s Project for Excellence in Journalism. That coverage marked a major spike from the week before when media attention to the protests had dropped to just 1% of the newshole. It surpassed even the week of October 10-16, when the protests, largely focused on income inequality, filled 10% of the newshole as the demonstrations expanded around the country and partisans began turning it into a major political issue. (11/22)

Chicago Tribune doubling, tripling subscription rates

The Chicago Tribune is doubling and tripling weekday delivery rates for some readers when their subscriptions come up for renewal.

The newspaper, a unit of Chicago-based Tribune Co., has sent some subscribers letters notifying them of the increases; others have simply seen a higher price show up on their credit card bills. The size of the rate jump depends on what a customer was paying previously. In a statement, the paper said, "We are asking our home-delivery customers to pay a new rate based on the value we provide and the increasing cost of doing business. All home delivery subscribers will still enjoy a discount off of the newsstand price." The rate increase follows the paper's decision in June to add some 40 pages of additional content each week. The move catered to the paper's loyal home-delivery customers at a time of increased competition from national papers such as the New York Times and the Wall Street Journal in the Chicago market. (11/22)

Five reasons the US tech lead is in danger

There is a worldwide race to build the next generation of supercomputers, but US efforts have stalled. China and Europe, in particular, are moving ahead with programs. And Japan is increasingly picking up the pace. The U.S. government, meanwhile, has yet to put in place a plan for achieving exascale computing. Exascale programs aren't just about building supercomputers. Development of exascale platforms will also seed new processor, storage and networking technologies. Breakthroughs in these areas in other countries may give rise to new challenges to US tech dominance. Why are exascale systems important? The systems, which would be capable of achieving 1 quintillion (or 1 million trillion) floating point operations per second -- one thousand times more powerful than a petaflop system -- could be capable of solving the world's greatest scientific problems. If the United States falls behind, the research would increasingly be done in other countries. In sum, the world has awakened to need of high performance computing. The United States, for now, is dozing.

Five reasons that the U.S. lead in high performance computing is in danger:

  1. The United States doesn't have an exascale plan.
  2. It's mistakenly assumed the United States will win the exascale race.
  3. The path to exascale is uncharted, which opens the door to challengers.
  4. If the United States doesn't lead in exascale, what happens when planning for zetascale begins?
  5. The United States hasn't explained what's at stake.

(11/23)

If You’re a Venture Capitalist, You’re Most Likely a White Man

The color of money is rarely discussed in Silicon Valley. Which is why, when a CNN program recently brought it up, it unleashed an intense outpouring in the technology blogosphere. Cleverly, it also generated a flurry of free publicity for a provocative CNN documentary on African-Americans in technology, weeks before it aired. This week, the industry association representing venture capitalists released what it called the census of its members. Of 600 professionals surveyed, from general partners to marketers, 87 percent identified themselves as white, 9 percent were Asian, 2 percent black or Latino, with the remaining 2 percent calling themselves “mixed race.” The numbers were roughly the same as the last survey, in 2008, when 88 percent of respondents were white. Stark too is the gender imbalance.

According to the report, released by the National Venture Capital Association, four out of five professionals today are men. Of actual investors, women represent 11 percent, a lower figure than three years ago. The survey collected gender statistics only on those who were investors. In the administrative jobs, including marketing and communications, nearly two-thirds were women. Venture capital is a small and exclusive industry, with few entry points. An Internet entrepreneur who sells his or her company can join the ranks. A few come in with business school degrees in hand. “It’s largely an apprenticeship model,” Emily Mendell, the spokeswoman for the association. “Firms are very small. There are not these huge training programs so people can enter through the ranks.” (11/22)

Fan group optimistic FCC will review National Football League blackout rule

A coalition representing sports fans is optimistic the Federal Communications Commission will review a decades-old rule that allows the National Football League to ban television providers from carrying home games locally.

The Sports Fan Coalition filed a petition for Rulemaking with the FCC last week urging the agency to end its local sports blackout rule adopted in 1975 at the request of the sports leagues and broadcasters. The NFL's policy bans local broadcast stations within 75 miles of stadiums from showing games that aren't sold out. The FCC's rule prohibits cable, satellite, Internet and other providers in the same area from carrying the blacked-out games. Eight games had been blacked out this season as of last week, while the last two seasons saw 26 and 23 blackouts respectively. (11/20)

FTC Approves Sinclair's Freedom Purchase

The Federal Trade Commission has concluded there are no anticompetitive implications to Sinclair's purchase of the Freedom Stations. Sinclair must also get FCC approval for the license transfers. (11/22)

Tribune files new plan in its bankruptcy case

Tribune Company and a group of its senior creditors filed an amended plan of reorganization that the media company hopes will solve problems that prevented a Delaware judge from approving an earlier version in October.

In court documents, the company and its allies expressed hope that the new plan could pave the way to an exit from the nearly 3-year-old Chapter 11 proceeding. That will depend on how U.S. Bankruptcy Judge Kevin J. Carey responds to a new proposal that addresses disputes that cropped up among junior creditors after his ruling. Tribune Chief Restructuring Officer Don Liebentritt said the company will ask for an accelerated timetable for plan approval at a hearing Nov. 22. (11/19)