FCC Commissioner Robert M. McDowell delivered a terrific speech this week on “Technology and the Sovereignty of the Individual” at a broadband conference in Stockholm, Sweden. The speech serves as another reminder that McDowell is one of those ultimate rare birds: a regulator who is a first-rate intellectual thinker and a great champion of individual [...]
Yesterday’s 7-2 decision in Brown v. EMA [summaries here from me + Berin Szoka] was one of those historic First Amendment rulings that tends to bring out passions in people. You either loved it or hated it. But it’s sad to see some critics on the losing end of the case declaring that only greed [...]
[Cross-Posted at Truthonthemarket.com] I did not intend for this to become a series (Part I), but I underestimated the supply of analysis simultaneously invoking “search bias” as an antitrust concept while waving it about untethered from antitrust’s institutional commitment to protecting consumer welfare. Harvard Business School Professor Ben Edelman offers the latest iteration in this [...]
Pamela Samuelson, the Richard M. Sherman Distinguished Professor of Law at Berkeley Law School, discusses her new article in the Columbia Journal of Law & the Arts entitled, Legislative Alternatives to the Google Book Settlement. Samuelson discusses the settlement, which was ultimately rejected, and highlights what she deems to be positive aspects. One aspect includes making out-of-print works available to a broad audience while keeping transaction costs low. Samuelson suggests encompassing these aspects into legislative reform. The goal of such reform would strike a balance that benefits rights holders, as well as the general public, while generating competition through implementation of a licensing scheme.
John Perry Barlow famously said that in cyberspace, the First Amendment is just a local ordinance. That’s still true, of course, and worth remembering. But at least today there is good news in the shire. The local ordinance still applies with full force, if only locally. As I write in CNET this evening (see “Video [...]
Adam Thierer has already provided an excellent overview of the Supreme Court’s decision in Brown v. Entertainment Merchants Association, striking down a California law requiring age verification and parental consent for the purchase of “violent” videogames by minors. It’s worth calling attention to two key aspects of the decision. First, the Supreme Court has clearly [...]
The Supreme Court wasn’t playing games with the First Amendment today. With its 7-2 decision in Brown v. EMA, the Court has protected video game creators and players from unconstitutional restrictions on what we can produce and play. Today’s decision ensures that video games have First Amendment protection on par with books, film, music and [...]
At the Computers Freedom and Privacy conference, I moderated a panel on “Do Not Track.” I tried to make sure it was fun, and I think it was. Among other things, yes, I called Ed Felten, “baby.” Check it out.
If you’ve been following Reason.com or Reason.tv for the past 48 hours you will know that Jim Epstein, a Reason TV reporter, was one of two journalists arrested Wednesday for videotaping a meeting of the Washington D.C. Taxi Commission. Epstein and Pete Tucker, who blogs for TheFightBack.org, a site that spotlights local D.C. issues that [...]
[By Geoffrey Manne & Joshua Wright. Cross-posted at Truth on the Market] No surprise here. The WSJ announced it was coming yesterday, and today Google publicly acknowledged that it has received subpoenas related to the Commission’s investigation. Amit Singhal of Google acknowledged the FTC subpoenas at the Google Public Policy Blog: At Google, we’ve always focused on [...]