November 2012

High-Speed Internet Spawns Prairie Startups

Google chose Spring Valley and Hanover Heights, a strip of homes just south of the University of Kansas Medical Center, as the first neighborhoods to receive a fiber-optic broadband network that boasts speeds up to 150 times as fast as the average online feed in the US. Since the September announcement, a handful of players from the local technology scene have come together to turn the old antique district into Kansas City's "startup village." By the time Google began installing its Fiber service on Nov 13, nearly a dozen startups had moved into a six-block radius—about half packed into two houses—including companies building a search engine for social-network data and security software for smartphones that identifies users by vein patterns in their eyes.

What happens in a news drought?

[Commentary] It’s old news that newspapers are in trouble. Younger readers are not subscribing. Older readers are letting their subscriptions lapse. Why pay for news when there is so much for free on the Internet, TV, radio, and on proliferating video screens encountered everywhere from elevators to taxis to checkout lines? But if there seems to be an ocean of news out there, a decreasing number of newsrooms are producing it. Much of what looks like news is recycled from a few primary sources (mostly newspapers) and fluffed out with celebrity and sports items. That would be OK if serious news came along for the ride. But increasingly, serious news is being left behind.

Sen Wyden tackles Internet royalty bill criticism

Sen. Ron Wyden (D-OR) said the laws governing Internet radio have fallen behind the times and favor incumbent players in the music industry. "Music is still dominated and controlled by a couple of multinational corporations who, in effect, act like a duopoly to maximize their profits, not maximize the compensation of artists and not maximize musical choice," Sen Wyden said during a keynote at the Future of Music Summit.

Sen Wyden argued that current royalty rules discriminate against Internet radio services because they're placed on a different royalty-setting standard than cable and satellite radio stations. He is the lead Senate sponsor of a bill that proposes to put Internet radio services on the 801(b) standard of the Copyright Act, which is the same standard used by the Copyright Royalty Board to set the royalty fees paid by cable and satellite radio. "It is the job of policymakers to ensure that the law and public policy doesn't favor one business model over another, and particularly, that it doesn't favor incumbents over insurgents," Sen Wyden said. "We've got to make sure that the past doesn't get a leg up on the future."

Alas it’s true, broadcast is wilting

Outside of NBC, which is up 23 percent this season, the broadcast networks aren’t having a very good fall. The rest are all down from last year, and in total the Big Five are off 11 percent among adults 18-49. They’ve combined for an 11.8 18-49 rating in the first seven weeks of the season, according to Nielsen, compared to a 13.3 at this point last year.

NBC is the leader with a 3.2, up from a fourth-place 2.6 last year. CBS ranks second with a 2.8, down 18 percent from a 3.4 last fall. ABC ranks third with a 2.6, off 7 percent from a 2.8, and Fox has fallen 29 percent, from a 3.5 to a 2.5. The CW is down 30 percent, from a 1.0 to a 0.7. There are some obvious reasons for this year’s declines. One is simply the natural erosion that broadcast has seen over recent years as viewers are increasingly distracted by cable, video games, tablets and other new media devices that take their time away from traditional broadcast viewing. Another factor is certainly DVRs, with penetration of the devices growing to 46 percent of Nielsen households. At times during primetime there are now a similar amount of people watching time-shifted shows and live shows, and that only stands to increase with time as more people get the devices.

College Credit Eyed for Online Courses

While massive open online courses, or MOOCs, are still in their early days, the race has begun to integrate them into traditional colleges — by making them eligible for transfer credits, and by putting them to use in introductory and remedial courses.

The American Council on Education, the leading umbrella group for higher education, and Coursera, a Silicon Valley MOOC provider, announced a pilot project to determine whether some free online courses are similar enough to traditional college courses that they should be eligible for credit. The council’s credit evaluation process will begin early next year, using faculty teams to begin to assess how much students who successfully complete Coursera MOOCs have learned.

Sky Angel Files Suit Against C-SPAN

Sky Angel has filed an antitrust suit against C-SPAN, saying the public affairs net improperly withdrew its programming from the program distributor in 2009.

Sky Angel says that because C-SPAN is owned and operated by the cable industry, it "ceased to act as a legitimate collaboration among competitors" with the withdrawal of programming and instead illegally harmed competition by depriving Sky Angel of content that was highly valued and that all of Sky Angel's competitors had access to. In 2008, Sky Angel decided to switch from a satellite service to what it describes as a hybrid satellite/Internet delivery service, a move that prompted some programmers to choose not to be carried. The suit alleges that the C-SPAN board, comprising MSO execs from top cable companies "authorized C-SPAN to withhold its programming from Sky Angel, hijacked the public service mission of C-SPAN's legitimate competitor collaboration and repurposed C-SPAN as an instrument to boycott, exclude, injure and destroy Sky Angel."

BBC news scandal: How big of a threat to British journalism?

Disciplinary action is underway today against BBC staff involved in a botched report on its flagship current affairs show, as the corporation struggles to get a grip on one of its worst crises and perhaps the greatest challenge to its prestige in its 90-year history. Amid widespread fallout from the controversy, many fear that Britain’s public broadcaster’s tradition of independence is under threat and that commercial competitors and political critics could use the opportunity to lobby for change. Conservative members of Parliament are already using the crisis to bolster arguments against the license fee, which is levied on television set owners as a means of subsidizing the BBC. However, others are concerned that the public service broadcaster’s world-class investigative journalism could somehow be reined in or compromised.

High Tech Institute - Santa Clara Law and Advisory Committee to the Congressional Internet Caucus
March 15, 2013
http://law.scu.edu/hightech/2013-dmca-conf.cfm

Similar to our extremely popular 15 year retrospective on 47 USC §230 in 2011, the conference will look at the past, present and future of the Digital Millennium Copyright Act (DMCA). We are still adding speakers. A few of the confirmed speakers:
• Prof. Ed Felten
• Rob Kasunic (Deputy General Counsel at U.S. Copyright Office; runs the 1201 rule-making procedures)
• Jeffrey Mausner (outside counsel for Perfect 10)
• Jay Monahan (principal architect of eBay’s VeRO program)
• Michael Robertson (founder of MP3.com and MP3Tunes.com)
• Judge Ronald Whyte (author of Religious Technology Center v. Netcom)



A Free Internet, If You Can Keep It

[Commentary] It was nearly a year ago that the Stop Online Privacy Act (SOPA) was introduced by Rep. Lamar Smith (R-TX). Millions would raise their voices to successfully oppose this legislation, which was viewed as one of the greatest threats to a free and open Internet ever to come before Congress. But the defeat of SOPA should be more than cause for pride — it must also prompt action to secure the future of the Internet.

That is why I recently introduced two bills to protect Internet freedom. With just a few weeks left this 112th session of Congress, it’s unlikely the bills will be acted upon this year. I introduced the bills as a starting point for the next session of Congress – to launch a serious discussion about what Congress should do to help ensure a free and open Internet. We need to do more than just halt bad legislation, we also need to improve existing laws and make government work in the interests of innovation and Internet freedom. The two bills I introduced – ECPA 2.0 and the Global Free Internet Act – were designed to do just that. The principles embodied in ECPA 2.0 and the Global Free Internet Act would protect Internet users’ free expression and privacy, preserve user trust in online services, and reaffirm the open and decentralized structure of the Internet. Through policies like these, we can ensure the Internet remains a thriving and vibrant engine for innovation, expression, and economic growth for decades to come.

What Sandy Has Taught Us About Technology, Relief and Resilience

[Commentary] Nerds in the aftermath of Sandy sprang into action: We’ve seen some innovative technology solutions address many aspects of the fallout of the storm. It got me poking around at what’s working and what isn’t, and starting to look at communications solutions we can start to put in place before the next storm, disaster, revolution or what-have-you.

In the end, we need to take the lessons we’ve learned about last-mile organizing, disaster relief elsewhere, ideas for technologies that include traditional, commercial infrastructure and ad-hoc deployment, and roll them up into one big package. Not simple. And we’re of course not sure whose responsibility this all is, or should be. Given that climate change is not just an idea, but a clear reality, getting to work on resilience now is the only way we’re going to be able to take care of each other.