August 2014

The Presidency and the Press

[Commentary] I worked in Obama's press operation for four years, two on the first presidential campaign and two as a spokesman at the White House, responding to crises and commenting for reporters, and watching up close the rhythms of the particularly sour relationship between the president and the press. I'm biased in that I think President Barack Obama is right about most things. I also believe he'll be remembered as an excellent president. Which is strange to say, because if you are a consumer of any kind of political news these days, the only impression you get is that the Obama presidency is on the verge of collapse, and that he either doesn't know or doesn't seem to care. It's a complete disconnect, and it has everything to do with how the president is covered.

Why the Microsoft-Samsung Patent Dispute Could Be a Big Deal for the Future of Windows Phone

A patent dispute lawsuit Microsoft has just brought against Samsung could have wide-reaching impact on the Windows Phone business.

Microsoft has enjoyed a pretty sweet deal by collecting a royalty, widely believed to be several dollars for every phone that uses Google’s Android operating system. Exactly what patents, and how, is a long and complicated story: suffice it to say that most of the industry has gone along. This has given Microsoft a steady revenue stream from one of its main rivals in the mobile world. In addition, it has helped Microsoft position Windows Phone as the more economical alternative to Android as Microsoft now gives away Windows Phone to licensees and does not collect a royalty fee on these patents from them. Since device makers have to pay Microsoft for Android, it is no longer free. But Samsung has thrown a wrench in the lucrative arrangement by threatening to stop paying the royalty altogether. To be clear, Samsung didn’t deny Microsoft’s patent claims; rather, it seems to be claiming that Microsoft’s purchase of Nokia somehow invalidates the 2011 deal with Microsoft under which it agreed to pay the patent royalty.

Time Warner Rebuff of Fox May Not Just Be Negotiating Ploy

Rupert Murdoch tends to finish what he starts. So from the moment the news broke last month that Time Warner had rejected an $80 billion bid by Murdoch’s 21st Century Fox, the assumption on Wall Street and in the media world was that it was only a matter of time before a deal was struck.

Since then, though, Time Warner has made it clear that it views Fox’s approach as a hostile takeover, and it has refused to negotiate with Fox. And so the mating ritual begins, as both sides engage in the gamesmanship that accompanies all high-level merger negotiations. But Time Warner’s unyielding stance has at least some analysts wondering if an acquisition really is inevitable.

Why open access advocates aren’t thrilled with the DOE’s plan to expand public access to its research

The Department of Energy released its plan to implement a White House directive aimed at opening up more federally funded research to the public. But some access advocates, such as Heather Joseph, the executive director of Scholarly Publishing and Academic Resources Coalition (SPARC), say the policy "falls short in some key areas." Among the complaints is that there's a lack of clarity around reuse rights. Under the DOE plan, publishers retain their rights under copyright to their version of the research, while the metadata in PAGES will be in the public domain.

LinkedIn to pay nearly $6M in unpaid overtime wages and damages to 359 employees following US Labor Department investigation

LinkedIn has agreed to pay $3,346,195 in overtime back wages and $2,509,646 in liquidated damages to 359 former and current employees working at company branches in California, Illinois, Nebraska and New York.

An investigation by the US Department of Labor’s Wage and Hour Division found that LinkedIn was in violation of the overtime and record-keeping provisions of the Fair Labor Standards Act. When notified of the violations, LinkedIn agreed to pay all the overtime back wages due and take proactive steps to prevent repeat violations. LinkedIn failed to record, account and pay for all hours worked in a workweek, investigators found. In addition to paying back wages and liquidated damages, LinkedIn entered into an enhanced compliance agreement with the department that includes agreeing to: provide compliance training and distribute its policy prohibiting off-the-clock work to all nonexempt employees and their managers; meet with managers of current affected employees to remind them that overtime work must be recorded and paid for; and remind employees of LinkedIn’s policy prohibiting retaliation against any employee who raises concerns about workplace issues.

FCC Seeks Comment On Draft Eligible Services List For Schools and Libraries Universal Service Program

The Federal Communications Commission’s Wireline Competition Bureau seeks comment on a draft eligible services list (ESL) for the schools and libraries universal support mechanism (also known as the E-rate program) for funding year 2015.

In the E-rate Modernization Order, among other things, the FCC restructures the ESL into category one and category two services, streamlines the list of eligible internal connections components to focus support on those services and components needed for broadband connectivity within schools and libraries, and eliminates other services and components beginning in funding year 2015. The draft ESL the FCC releases with this public notice implements the changes required by the E-rate Modernization Order. The FCC seeks comment on the draft ESL for funding year 2015. Commenters should highlight whether the draft manifests the FCC’s decisions and intent in the E-rate Modernization Order, and to the extent that they find additional changes are necessary, we encourage commenters to be as detailed as possible with their recommendations.

City of Seattle sues Gigabit Squared for $50K in unpaid bills

The city of Seattle is suing Gigabit Squared for more than $50,000 in unpaid bills for services the city completed before the deal with the broadband company was declared dead in January.

City employees conducted research on the city’s fiber availability, but Gigabit Squared never took action on its half of the deal. The lawsuit indicates that Gigabit Squared has dissolved and is no longer a company. The city is seeking $52,250 in unpaid bills for research and reports city employees put together, plus related legal fees.

KGO, KDTV Collaborate in Bay Area

ABC owned KGO San Francisco and Univision owned KDTV will “strategically collaborate” on stories of interest to both of their audiences, both stations announced. They will cross promote newscasts and share “unique” news content. ABC and Univision are increasingly collaborating around the nation. Disney/ABC Television Network and Univision created the news and pop culture channel Fusion in October 2013, and WPVI (ABC) and WUVP (Univision) partner on some stories too.

Google Gmail scanning leads to arrest

Go ogle's controversial practice of scanning emails and analyzing users' emails for targeted ads reportedly led to the arrest of a 41-year-old Houston man.

According to a local TV station news report, Google detected a Houston man using Gmail allegedly to send explicit images of a "young girl" to his friend. Google reportedly alerted the authorities, who then allegedly found more child pornography on the suspect's phone and tablet after obtaining a search warrant.

Comcast Offers Six Months' Free 'Internet Essentials'

Comcast will give six months of free Internet service, under its Internet Essentials program, to any new family that applies for the program.

Families who are approved for Internet Essentials between Aug. 4 and Sept 20 will receive up to six months of Internet service. Comcast also said it would offer amnesty for certain low-income families that could qualify for the broadband service but have a past-due balance. Customers who have an outstanding bill that is more than a year old are now eligible for Internet Essentials, as long as they meet other eligibility criteria.