February 2012

Who’s Ready for the (Heaven Forbid) Social Networking Patent Wars?

Tech companies have recently ratcheted up their offensive use of intellectual property, especially in the mobile space — but not so much in social networking. Just in case patent wars happen to be contagious, it seems worth evaluating which social networking players are best-equipped.

  • Facebook: Facebook told prospective investors that it has “56 issued patents and 503 filed patent applications in the United States and 33 corresponding patents and 149 filed patent applications in foreign countries relating to social networking, web technologies and infrastructure, and related technologies.”
  • Google: Though Google hasn’t been a major social networking provider for all that long, it has 25 U.S. patents and 40 pending U.S. patent applications on the topic.

We are the media, and so are you

[Commentary] It’s easy to frame the fight over SOPA and PIPA as Hollywood vs. Silicon Valley — two huge industries clashing over whose voice should dictate the future of Internet policy — but it’s absolutely wrong. The bills are dead, thanks to widespread protest. But the real architects of the bills’ defeat don’t have a catchy label or a recognized lobbying group. They don’t have the glamour or the deep pockets of the studios. Yet they are the largest, most powerful and most important voice in the debate — and, until recently, they’ve been all but invisible to Congress. They are you.

And if not you personally, then your neighbors, your colleagues, your friends and even your children. The millions of people who called and wrote their congressional representatives in protest of the Stop Online Piracy Act and the Protect Intellectual Property Act were “organized” only around the desire to protect the Web sites that have become central to their daily lives. The laws we need now must recognize the more broadly distributed and broadly valuable power of free and open knowledge. They must come from an understanding of that power and a recognition that the voices flooding the phone lines and in-boxes of Congress on Jan. 18 represented the source of that power. These laws must not simply be rammed through to appease narrow lobbies without sufficient review or consideration of the consequences. Because we are the media industry. We are the creators. We are the innovators. The whole world benefits from our work. That work, and our ability to do it, is worth protecting for everyone.

[Wales Walsh are members of the Wikimedia Foundation board of trustees]

Dozens of lawmakers call for more unlicensed spectrum

Dozens of House lawmakers called for Congress to preserve the Federal Communications Commission's (FCC) authority to set aside airwaves, or spectrum, for unlicensed use.

The 42 lawmakers, led by Reps. Anna Eshoo (D-CA) and Darrell Issa (R-CA), argued that additional unlicensed spectrum, which can be used by any company for free, would spur innovation and economic growth. A congressional conference committee is expected to include provisions that would restructure how the country uses its airwaves as part of a package to extend payroll tax cuts. In their letter to the conference committee, the lawmakers said Congress should allow the FCC to set aside additional unlicensed spectrum, including some of the most valuable frequencies in the broadcast television band. "Exploring the use of beachfront spectrum, specifically in the television band, is vital given its ability to penetrate buildings, enhance rural coverage, and carry more data traffic than traditional Wi-Fi," the lawmakers wrote. They claimed that setting aside additional unlicensed spectrum would "unlock billions of dollars in private investment, new innovations, job creation, and economic growth." The letter was mostly signed by Democrats, but in addition to Issa, the group also included Reps. Jason Chaffetz (R-UT) and Dave Reichert (R-WA).

Sen. Kohl: GOP spectrum bill a 'serious threat to consumers'

Sen. Herb Kohl (D-WI) urged congressional negotiators to drop a provision that would restrict the Federal Communications Commission's (FCC) ability to oversee auctions of airwaves, or spectrum, saying the measure would hamper competition in the wireless industry.

"Taking away the authority to structure auctions in a way that will promote competition is a serious threat to consumers and the future of wireless competition in this country," Sen Kohl wrote. In his letter, Sen Kohl said Section 4105 of the House bill would "fundamentally alter the current framework and limit the FCC's auction authority" to promote a competitive marketplace. "As the government is planning to auction massive amounts of valuable spectrum over the next decade, this is not the time to take a primary tool used in designing auctions to promote competition," Sen Kohl wrote. He added that Section 4105 was not in the bill when it cleared the House Energy and Commerce Committee and "did not receive full consideration by all interested parties before being inserted" into the bill when it passed the full House. Sen Kohl urged the conference committee to drop the provision "until a more thorough examination of spectrum auction policies can be held."

Rep Walden: Unlicensed Is Important, But FCC Should Not Give Away Billions

As the conferees get down to the short strokes on a compromise payroll tax break extension package, the issue of unlicensed wireless is heating up. That is because a House Communications-passed version of incentive auction legislation being considered as part of that package, the so-called JOBS Act, would not give the Federal Communications Commission free reign to carve out more of the reclaimed broadcasters' spectrum for unlicensed wireless.

"Unlicensed spectrum has an important role to play, and we have worked hard to find the right balance on a policy that protects taxpayers and promotes innovation," House Communications Subcommittee Chairman Greg Walden (R-OR) said. "There is currently more unlicensed spectrum than there is licensed spectrum for wireless broadband use. The JOBS Act not only preserves unlicensed spectrum, it creates more for future innovation. The JOBS Act simply says that the FCC cannot spend taxpayer funds to clear additional spectrum and then give away that billions of dollars' worth of spectrum. Taxpayers deserve a return on their investment."

Path fumble highlights Internet privacy concerns

A privacy debate surrounding fledgling social network Path went viral this week, triggering discussions on blogs and on Twitter about how far social networks can go in using members' private data.

Path was sharply criticized in blogs and social media forums this week after an independent software developer revealed that Path's Apple iPhone application uploaded users' address book data to its own servers without permission. Its travails demonstrate how easily today's social media startups -- which by definition thrive by sharing users' views and information -- can still run afoul of users' privacy sensitivities even at a time of constantly shifting consumer attitudes.

Calpers seeking support for Apple board proposal

Calpers, the largest US pension fund, is seeking support for a longstanding proposal to get Apple to require a majority vote before electing unopposed candidates to the company's board. The non-binding shareholder proposal again asks Apple to replace its plurality vote rule in uncontested elections, and require election by a majority of total shares, Calpers said. Calpers, with $229 billion in assets, owns about 2 million Apple shares.

Catholic TV network sues to block U.S. contraception rule

EWTN Global Catholic Network has filed suit in federal court to block President Barack Obama's new rule on contraceptives. The case, filed in U.S. District Court in Birmingham (AL), seeks to stop the imposition of the rule. The case asks the court to find the rule unconstitutional. EWTN Global Catholic Network calls itself the largest religious media network in the world, with satellite television, radio, and print news services, and other activities.

Dinner at Rupert's

May 19, 2011. Red wine in hand, Rupert Murdoch chatted with guests at his London townhouse on what would be one of the most important nights to the future of his company.

Gathered for cocktails were Rupert’s son James, heir apparent to the family media empire; Rebekah Brooks, the chief ­executive of News Corp.’s U.K. unit; and Chase Carey, the New York-based president and chief operating officer. Joining the executives were a pair of legal heavyweights: Joel Klein, former New York City schools chancellor, and Brendan Sullivan Jr., the well-connected Washington lawyer brought into the Murdoch fold at Klein’s request. he senior Murdoch had flown in two days earlier for a whirlwind of meetings with his top London executives. He had called the dinner party to hash out once and for all how to handle the phone-hacking scandal that had been hanging over the company for months and was suddenly spinning out of control. A lawsuit filed by actress Sienna Miller—charging that a senior editor at the company’s British Sunday tabloid, News of the World, was behind a campaign to hack into her phone—sparked a police investigation, producing a steady drip of disclosures about repeated incidents of phone hacking at Murdoch’s British tabloids.

BTOP Case Study Four: Andrew Buss, Director of Public Programs, Office of Innovation & Technology, City of Philadelphia

The City of Philadelphia is using a Recovery Act award to open or expand 77 computer centers in health and social service agencies, homeless shelters, affordable housing locations and recreation centers in low-income communities across the city. The project, led by Philadelphia's Office of Innovation & Technology, gives the city's most vulnerable residents access to everything from job postings to health information to educational resources on the Internet. It is part of a broader program called KEYSPOT, Powered by Freedom Rings Partnership. The partnership is a coalition of more than a dozen city agencies, grass-roots organizations and universities working to increase broadband adoption rates in Philadelphia. Another lead agency in the partnership, the Urban Affairs Coalition, is using a separate Recovery Act grant to teach digital literacy skills and provide workforce training in KEYSPOT computer centers. Working together, the two projects are providing online access, instruction and support to help all Philadelphia residents participate in today's wired society.