MEDIA & SOCIETY
Gore Takes Tough Stand on Violent Entertainment (NYT)
POLITICAL DISCOURSE
Important Questions Facing All of America This Election Year (SJM)
A Close Race Deserves Close Look at TV Coverage (USA)
MERGERS
AOL-Time Warner Rivals Preparing for Interactive TV Fight (NYT)
ECOMMERCE
Entertainment Web Sites Facing Failures and Cuts (NYT)
EU Antitrust Regulators List Concerns Over AOL, Time Warner,
EMI Deal (WSJ)
INTELLECTUAL PROPERTY
New E-Book Technology Helps Protect Copyrights (WSJ)
U.S. Copyright Office Rejects the Defense Offered by Napster,
Says Law Is Violated (WSJ)
LEGAL ISSUES
When the Judge Can't Really Judge (NYT)
WIRELESS
Cell Phones: Facts, Fiction, Frequency (FCC)
MEDIA & SOCIETY
GORE TAKES TOUGH STAND ON VIOLENT ENTERTAINMENT
Issue: Media & Entertainment
In an appeal to women voters in children, Vice President Gore said that if
the entertainment industry does not stop marketing violent films, recordings
and video games to children he and Sen Lieberman (D-CT) would propose
legislation or new regulatory authority allowing the federal government to
sanction the industry. With a nod to the First Amendment, VP Gore is saying
he would encourage the Federal Trade Commission to move against the industry
by using its power to prohibit false and deceptive advertising. Gore's
remarks come on the eve of the release of a trade commission report that is
expected to harshly criticize the entertainment industry for marketing
violent, adult-rated entertainment to young people. The report concludes
that despite voluntary rating and labeling systems adopted over the years,
the makers of films, recordings and video games routinely use marketing
strategies to entice young consumers into buying products that the
manufacturers themselves deem inappropriate. The commission study, which
relies on internal marketing documents provided by the industry, found that
the companies did this largely by placing advertising in publications and
television broadcasts that appeal to young people. Their will be a Senate
hearing on the report on Wednesday.
[SOURCE: New York Times (A1), AUTHOR: Kevin Sack]
(http://www.nytimes.com/2000/09/11/politics/11GORE.html)
(requires registration)
See Also:
MARKETING VIOLENCE TO CHILDREN
Senator John McCain (R-AZ), Chairman of the Committee on Commerce, Science,
and Transportation, and Senator Fritz Hollings (D-SC), Ranking Democrat,
today announced the witnesses for the Full Committee hearing on Marketing
Violence to Children. Members of the Committee will examine a report to be
released by the Federal Trade Commission that reviews self regulation and
industry practices in the motion picture, music recording and electronic
game industries.
The hearing is scheduled for Wednesday, September 13, at 9:30 a.m. in room
253 of the Russell Senate Office Building. Senator McCain will preside.
[See the URL below for the long witness list]
[SOURCE: US Senate]
(http://www.senate.gov/~commerce/press/106-205.htm)
POLITICAL DISCOURSE
IMPORTANT QUESTIONS FACING ALL OF AMERICA THIS ELECTION YEAR
Issue: Political Discourse
Although you may hear politician using the word "technology" a lot this
political season, they'll only be talking about the small stuff, not what
matters most. In fact, most of the rhetoric is either sound candy without
plans or a play for constituent support. Dan Gillmor, technology columnist
for the San Jose Mercury, lists the technology issues that aren't talked
about, because they can't fit a 30 second soundbite: 1) Intellectual
property - the industry grip on copyright, the insanity of trademark
concerns, domain name allocations and a mismanaged patent system approving
virtually every tech application that crosses its desk. 2) Political
Authority - "Digital technology is turning borders into suggestions, and
moving power away from governments to corporations, non-governmental
organizations and individuals." 3) Capital - Current industrial policies
favor Internet merchants over Main Street merchants, eroding local tax
bases. 4) "McWorld" - The preponderance of an American-flavored,
English-based Internet mocks the value of locals culture and cuisine. 5)
Economic dislocation - An economy that values minds over muscles can be
displaced by a smarter, better educated economy. With entrepreneurial
strength and educational achievement moving forward in other parts of the
world, America could see itself become irrelevant in a digital world. 6) The
control of community assets - Remember when Congress gave the _public's
airwaves_ to broadcasters? Remember how the broadcasters fought and nearly
crushed community low-powered radio stations to protect "their" resource? 7)
Checks on the Economy - Antitrust enforcement promotes competition. But it's
effectively under attack. What will be the final social product of the rash
of mergers in the communications/technology industry?
[SOURCE: San Jose Mercury, AUTHOR: Dan Gillmor]
(http://www.mercurycenter.com/svtech/columns/front/docs/dg091000.htm)
A CLOSE RACE DESERVES CLOSE LOOK AT TV COVERAGE
Issue: Political Discourse
From now until the election, USAToday will join with researchers the
Brookings Institution and the Center for Media and Public Affairs to analyze
major network television network coverage of the presidential contest. They
will be looking at whether TV helps voters prepare to cast an informed
ballot. One question will be, how much coverage is there? TV reporting of
the presidential race dropped 45% from 1992 to 1996. So far, the Center for
Media and Public Affairs found that network campaign coverage has fallen 33%
from the same period in 1996. In addition to measuring the amount of
content, USAToday will also look at the TV's coverage of the presidential
race with an eye toward what content?; how negative?; and, how objective?
[SOURCE: USAToday (18A), AUTHOR: Stephen Hess]
(http://www.usatoday.com/usatonline/20000911/2629145s.htm)
MERGERS
AOL-TIME WARNER RIVALS PREPARING FOR INTERACTIVE TV FIGHT
Issue: Mergers
"I think there are $10 billion to $15 billion in incremental profit from
interactive television," said Steven Heyer, the president of Time Warner's
Turner Broadcasting unit. "The traditional relationships between cable
operators, programming networks and set-top box manufacturers is being
reinvented and there is no equilibrium with how the profits will be shared."
Now, as part of the government's review of the America Online/Time Warner
merger, the battle over interactive television is receiving more attention.
Consumer groups and competitors fear that the combined AOL Time Warner,
which would run television networks, own cable systems and control nearly
half of the consumer market for Internet access, would be so powerful it
could stifle other would-be providers of interactive television. Early
examples of interactive television have let viewers chat online while
watching episodes of "Survivor," use their remote controls to play along
with "Wheel of Fortune," buy the CD of whatever band is playing on "The
Tonight Show," check stock quotes while watching CNBC and order a $1 coupon
for Clorox Bleach while watching a commercial.
[SOURCE: New York Times (C1), AUTHOR: Saul Hansell]
(http://www.nytimes.com/2000/09/11/technology/11TUBE.html)
(requires registration)
EU ANTITRUST REGULATORS LIST CONCERNS OVER AOL, TIME WARNER, EMI DEAL
Issue: Merger
To appease European competition regulators, AOL and Time Warner has offered
a raft of business-conduct promises and pledged to distance itself from
German media giant Bertelsmann AG, and has also promised not to discriminate
against third-party music companies that would like to distribute their
products through AOL. But EMI Group PLC has yet to submit formal proposals
to salvage its troubled plans to link up with Time Warner's music business,
according to the European Commission. EMI had so far proposed nothing
concrete to alleviate antitrust concerns over its planned joint venture with
Time Warner, according to the Commission. The deal would reduce the pool of
major recording labels from five to four and exacerbate the problem of
"collective dominance" in the music business. The commission's regulators
are worried that after combining a major content company with an online
powerhouse, Time Warner and AOL would be able to cut out their competitors
from their sweeping distribution channels. The commission will rule on both
mergers in early October.
[SOURCE: Wall Street Journal (Interactive), AUTHOR: Philip Shishkin]
(http://interactive.wsj.com/articles/SB968619445392004422.htm)
(Requires subscription)
ECOMMERCE
ENTERTAINMENT WEB SITES FACING FAILURES AND CUTS
Issue: Ecommerce
Shockwave.com, one of the most frequently visited entertainment sites on the
World Wide Web, announced last week that it will be laying off 15 percent of
its workforce. Then Pop.com, a project of some of Hollywood's most famous
names, announced it was shutting down before it ever opened for business,
causing concern about the online future of entertainment sector. This year,
the industry discovered the difficulty of selling enough online advertising
to defray the unexpectedly high costs of producing and maintaining an
entertainment-only site. It is also discovering that Web surfers may be more
interested in entertainment that exploits the medium's inherent
interactivity, like games and virtual communities, than in traditional
entertainment fair. "In my view, the Web is not about repurposing content
that works in other media," said Lawrence Levy, Shockwave's chairman. "It's
about leveraging the powers of this medium, and that's what we're focusing
on now. To me, the fact that we are having this kind of shakeout is no
surprise at all."
[SOURCE: New York Times (C17), AUTHOR: Rick Lyman]
(http://www.nytimes.com/2000/09/11/technology/11POP.html)
(requires registration)
INTELLECTUAL PROPERTY
NEW E-BOOK TECHNOLOGY HELPS PROTECT COPYRIGHTS
Issue: Intellectual Property
Behold the VitalBook, a book that demands payment while being read and self
destructs if not paid proper homage. With file-sharing, Napster-like
technologies threatening traditional copyright guarantees, it was only a
matter of time before someone would figure out how to use the same
technologies to protect intellectual property. In this case a new e-book
isn't actually purchased, it's rented. "We totally blow away the current
book-distribution model," says Robert T. Watkins, the founder and president
of Vital Source Technologies. A dentist by training, Dr Watkins persuaded
some big dental-textbook publishers to give his e-book approach a try. The
VitalBook is a system for storing books on DVDs. The disk is portable, and
schools can tailor it to fit their program, including course notes and video
clips, all indexed by a powerful search engine. But,
more importantly, students no longer purchase books, they become licensees
of a recurring yearly fee. The associated technology (and new phrase of the
week) is "digital rights management" or DRM. DRM technology promises that
publishers of books, music and movies will not be exposed to copying, while
guaranteeing that only someone who has paid for material can access it. DRM
technologies also make it possible to affix new charges to the written word.
Take the concept of "pay-per-view" and now apply it to books and music.
[SOURCE: Wall Street Journal (B1), AUTHOR: Thomas E. Weber]
(http://interactive.wsj.com/articles/SB968628058279978062.htm)
(Requires subscription)
U.S. COPYRIGHT OFFICE REJECTS THE DEFENSE OFFERED BY NAPSTER, SAYS LAW IS
VIOLATED
Issue: Intellectual Property
Napster received a stunning blow in a ruling by the federal government that
said the company isn't protected under a significant copyright law. The
U.S. Copyright Office, in a brief to the 9th U.S. Circuit Court of Appeals,
said Napster has "no possible defense" against claims by the recording
industry that it facilitates widespread copyright infringement. Thus, the
agency sided with U.S. District Court Judge Marylin Hall Patel, who in July
ruled for the industry, finding Napster contributing to copyright
infringement in violation of the 1992 Audio Home Recording Act. Napster
cites the same law, and claims that the Audio Home Recording Act provides
its users with immunity from liability for copyright. "The District Court
was correct to reject that defense," government lawyers wrote. Napster
allows 22 million users to swap music online. The same court spared Napster
from an order that would have shut down the site pending the outcome of the
trial. In issuing the stay, the panel said "substantial questions" had been
raised about the merits and form of the injunction.
[SOURCE: Wall Street Journal (Interactive), AUTHOR: Associated Press
(http://interactive.wsj.com/articles/SB968620586145434647.htm)
(Requires subscription)
LEGAL ISSUES
WHEN THE JUDGE CAN'T REALLY JUDGE
Issue: Legal Issues
As part of its appeal in the antitrust case, Microsoft has suggested that
Judge Thomas Penfield Jackson was unable to comprehend the complex
technological issues at stake. The state of Maryland is considering whether
their should be a special court for high-tech trials. "The idea of it is to
have a judge who tries nothing but business and technology cases," said
Wilbur D. Preston Jr., chairman of the Maryland study group, which is known
as the Business and Technology Division Task Force. Its report is scheduled
for Dec. 1. [There's much more at the URL below]
[SOURCE: New York Times (C4), AUTHOR: Michael Brick]
(http://www.nytimes.com/2000/09/11/business/11JUDG.html)
(requires registration)
WIRELESS
CELL PHONES: FACTS, FICTION, FREQUENCY
Issue: Wireless
A new brochure from the Federal Communications Commission. Cell phones, or
more accurately, wireless phones, have received a great deal of attention
lately. Here are some Facts you should know, Fiction you