September 2014

In big setback for digital radio, court says SiriusXM must pay Turtles for pre-1972 recordings

In a ruling that could put major new costs on digital radio services, a judge ruled that the music industry can claim additional copyright in pre-1972 recordings under state law.

Happy Birthday, We the People! Marking Three Years of Online Petitions

On September 22, 2011, the Obama Administration launched We the People to give Americans a new way to petition their government around issues they care about. It works like this: Start a petition, get enough signatures, and the Obama administration will work with policy experts to issue an official response. The We the People platform has led directly to policy changes and provided new opportunities for dialogue between citizens and their government. That's part of the reason why, over the course of 2014, an average of response surveys showed a majority of signers thought it was "helpful to hear the Administration's response," even if they didn't agree. Nearly 80 percent said they would use We the People again.

Teardown Shows Apple’s iPhone 6 Cost at Least $200 to Build

Apple spends $200 to $247 in parts and labor to build an iPhone 6, a teardown analysis of the device shows. For the larger iPhone 6 Plus, the costs begin at $216 for the starting model and go as high as $263 for the 128 gigabyte model. The estimates by the research firm HIS include the cost of labor associated with assembly as between $4 and $4.50 for each device.

iPhone 6 models sell for between $649 and $849 without a contract. The iPhone 6 Plus models with the larger display sell for $749 and $949 without a contract. Apple charges $100 to $200 more for iPhone models with higher memory capacity. But Apple’s cost for the additional memory is about $47 more for the 128GB versions than for the 16GB versions. The result is profit margins that are slightly higher -- by about one percent -- on the 128GB models than on the 16GB models: About 70 percent for the 128GB models, and about 69 percent for the 16GB models.

Preserving a lighter touch on mobile regulation

[Commentary] There are several key distinctions worth noting about mobile broadband that suggest it would be a mistake to simply take Open Internet rules designed for a wire-based network and dump them on mobile networks:

  1. The mobile broadband environment is dynamic.
  2. The wireless market is highly competitive, which reduces the need for close Federal Communications Commission oversight to obviate consumer harm.
  3. Wireless networks face unique capacity constraints that require providers to engage in more intensive network management practices than their wireline counterparts.

Each of these distinctions suggest the ongoing importance of maintaining a light regulatory touch on wireless networks. Whatever rules the FCC enacts, it should consciously preserve room for pro-consumer innovation. This is especially true in the wireless space, where growing, disparate demand and capacity constraints give rise to the need for greater experimentation, which will ideally find the most efficient way to bring consumers the services they demand while on the move.

[Lyons is an associate professor at Boston College Law School]

Stanford Promises Not to Use Google Money for Privacy Research

Stanford’s Center for Internet and Society has long received funding from Google, but a filing shows the university recently pledged to only use the money for non-privacy research. Academics say such promises are problematic.

#CommActUpdate: Universal Service Subsidies Should Be Targeted and Explicit.

Verizon provided comment on the fifth in a series of white papers released by the House Commerce Committee to solicit data on the best way to update the laws governing the communications and technology sectors. The Committee sought comments on universal service policy for the modern communications ecosystem, as well as the roles for federal and state governments in maintaining and advancing universal service.

Our response to the Committee’s Universal Service White Paper focuses on three points:

  1. Congress Should Adopt A Narrowly Focused Universal Service Program That Fulfills Needs in Targeted Circumstances.
  2. Universal Service Funding Should Be Provided Efficiently.
  3. Universal Service Policy Is Already on the Right Course.

The FDA wants to talk about medical device cybersecurity

The Food and Drug Administration is asking the public to weigh in on the cybersecurity of medical devices and holding a conference on the subject, organized in collaboration with the Department of Homeland Security. The conference -- technically a workshop -- will be open to the public and take place on Oct. 21-22 in Arlington (VA). Among the themes covered will be "identifying cybersecurity gaps and challenges, especially end-of-life support for legacy devices and interconnectivity of medical devices." The agency will also accept written comments on the issues covered at the workshop until Nov. 24.

Geena Davis: Stereotypes in movies has negative effect

Research conducted by the USC Annenberg School of Communication and Journalism, and commissioned by the Geena Davis Institute on Gender in Media, finds that there is a significant lack of females in family-friendly films -- and those who are in movies are often shown in sexual and non-professional roles. Among the findings of the report that examined 120 films from 11 countries:

  • Of the 5,799 speaking or named characters on screen, 31% were female and 69% were male.
  • The majority of workers in the analyzed films were male, at 78%.
  • Male characters disproportionately held more powerful occupations than their female counterparts. Only 14% of business executives were female and just 10% of top-level politicians were women.
  • Just a quarter of the films examined had a girl or woman as a lead or co-lead driving the plot.
  • Only 10% of the sample group had a "balanced cast" that featured girls or women in 45% to 54.9% of all speaking roles.

BBG Names Andy Lack CEO

The Broadcasting Board of Governors intends to hire respected journalist and media executive Andrew Lack as Chief Executive Officer of the federal agency that oversees the five networks and broadcasting operations of US international media. Those networks include Voice of America, Radio Free Europe/Radio Liberty, Radio and TV Martí, Radio Free Asia, and the Middle East Broadcasting Networks.

Lack will serve as the first-ever CEO of US international media. Creating the position of a CEO has been a key objective of the agency’s governing board and the Administration.

Chairman of the Bloomberg Media Group for the past year, Lack joined Bloomberg in October 2008 as CEO of its Global Media Group. In this position, he was responsible for expanding television, radio, magazine, conference and digital businesses. Under his leadership, Bloomberg LP has enhanced the quality of its media properties, expanded internationally, and built out services to bring information to more people, in more places, on more platforms than ever before. Prior to joining Bloomberg, Lack was Chairman and CEO of Sony Music Entertainment, where he led the company’s roster of prominent international artists and vast catalog of recorded music from around the world.

Before joining Sony Music Entertainment, he was president and chief operating officer of NBC, where he oversaw entertainment, news (including MSNBC and CNBC), NBC stations, sales and broadcast and network operations. He was responsible for expanding the Today show to three hours and creating the show’s street-side studio in New York’s Rockefeller Center. From 1993 to 2001, Lack was president of NBC News, which he transformed into America’s most-watched news organization through NBC Nightly News, Meet the Press, Today and Dateline NBC. Before going to NBC, Lack spent much of his television career at CBS News.

The Solace of Oblivion

The European Court of Justice ruled that all individuals in European Union countries have the right to prohibit Google from linking to items that were “inadequate, irrelevant or no longer relevant, or excessive in relation to the purposes for which they were processed and in the light of the time that has elapsed.” “The decision will go down in history as one of the most significant mistakes that Court has ever made,” said Jules Polonetsky, the executive director of the Future of Privacy Forum, a think tank in Washington. “It gives very little value to free expression. If a particular Web site is doing something illegal, that should be stopped, and Google shouldn’t link to it. But for the Court to outsource to Google complicated case-specific decisions about whether to publish or suppress something is wrong. Requiring Google to be a court of philosopher kings shows a real lack of understanding about how this will play out in reality.”