Joe Karaganis, vice president at The American Assembly at Columbia University, discusses the relationship between digital convergence and cultural production in the realm of online piracy.
Karaganis’s work at American Assembly arose from a frustration with the one-sided way in which industry research was framing the discourse around global copyright policy. He shares the results of Copy Culture in the US & Germany, a recent survey he helped conduct that distinguishes between attitudes towards piracy in the two countries. It found that nearly half of adults in the U.S. and Germany participate in a broad, informal “copy culture,” characterized by the copying, sharing, and downloading of music, movies, TV shows, and other digital media. And while citizens support laws against piracy, they don’t support outsized penalties.
Karaganis also discuses the new “six-strike” Copyright Alert System in the U.S., of which he is skeptical. He also talks about the politics of copyright reform and notes that there is a window of opportunity for the Republican Party to take up the issue before demography gives the advantage to the much younger Democratic Party.
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Ronald A. Cass, Dean Emeritus of Boston University School of Law, discusses his new book, Laws of Creation: Property Rights in the World of Ideas, which he co-authored with Boston University colleague Keith Hylton. Written as a primer for understanding intellectual property law and a defense of intellectual property, Laws of Creation explains the basis of IP and its justification.
According to Cass, not all would-be reformers share a similar guiding philosophy, distinguishing between those who support property rights but nevertheless have specific critiques of the intellectual property system as it currently stands, and reformers who do not see a place for property.
Cass explains that the current intellectual property system is neither wholly good nor wholly bad, but is a matter of weighing tradeoffs. On the whole, he argues, intellectual property benefits society. Cass also argues that intellectual property law in the U.S. is still more functional than that in other countries, such as Italy, and that, while it would benefit from some reform, it is fundamentally a workable system.
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Christopher S. Yoo, the John H. Chestnut Professor of Law, Communication, and Computer & Information Science at the University of Pennsylvania and author of the new book, The Dynamic Internet: How Technology, Users, and Businesses are Transforming the Network, explains that the Internet that we knew in its early days—one with a client-server approach, with a small number of expert users, and a limited set of applications and business cases—has radically changed, and so it may be that the architecture underlying the internet may as well.
According to Yoo, the internet we use today barely resembles the original Defense Department and academic network from which it emerged. The applications that dominated the early Internet—e-mail and web browsing—have been joined by new applications such as video and cloud computing, which place much greater demands on the network. Wireless broadband and fiber optics have emerged as important alternatives to transmission services provided via legacy telephone and cable television systems, and mobile devices are replacing personal computers as the dominant means for accessing the Internet. At the same time, the networks comprising the Internet are interconnecting through a wider variety of locations and economic terms than ever before.
These changes are placing pressure on the Internet’s architecture to evolve in response, Yoo says. The Internet is becoming less standardized, more subject to formal governance, and more reliant on intelligence located in the core of the network. At the same time, Internet pricing is becoming more complex, intermediaries are playing increasingly important roles, and the maturation of the industry is causing the nature of competition to change. Moreover, the total convergence of all forms of communications into a single network predicted by many observers may turn out to be something of a myth. Policymakers, Yoo says, should allow room for this natural evolution of the network to take place.
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A couple of folks have asked me why I’ve gone silent over the past few months and posted so little here on the TLF. Simply put, I over-committed myself to one law review after another. I had submitted a few working papers to law reviews late last year and then was simultaneously approached by a few others who were soliciting specific pieces. And I said ‘yes’ to everybody! That’s meant zero time for casual blogging of any sort. I hope to get back on the beat soon, but I still am putting the wraps on two of these, so it may be awhile before I get back to blogging regularly. Anyway, to the extent anyone is interested in what I am working on, here are my next seven law review articles, plus a book chapter:
- “Technopanics, Threat Inflation, and the Danger of an Information Technology Precautionary Principle,” [14 Minnesota Journal of Law, Science & Technology, Winter 2013]
- “The Perils of Classifying Social Media Platforms as Public Utilities,” [forthcoming, The CommLaw Conspectus: Journal of Communications Law and Policy, Spring 2013]
- “Uncreative Destruction: The Misguided War on Vertical Integration in the Information Economy,” with Brent Skorup, [65 Federal Communications Law Journal, April 2013]
- “The Pursuit of Privacy in a World Where Information Control Is Failing,” [35 Harvard Journal of Law & Public Policy, 2013]
- “Benefit-Cost Analysis in Online Safety & Digital Privacy Debates,” [forthcoming, George Mason University Law Review]
- “A History of Cronyism & Capture in the Information Technology Sector,” with Brent Skorup, [forthcoming Mercatus Working Paper, February 2013. Looking for a home for this one, possibly in a poly sci or history journal instead of a law review.]
- “Internet Policy Paradigms: The First Half Century of Internet Governance Visions” [Looking for a home for this one, too, but still far from done with it.]
- [Book chapter] “A Framework for Responding to Online Safety Risks,” [forthcoming book chapter in: Youth And The Internet – Regulating Online Opportunities And Risks (Springer Press, 2013)]
Matt Yglesias today responded with a post of his own to a NYT article about sports channels and cable pricing by Brian Stelter that Yglesias believed had “bad analysis.” I’m here to defend Stelter a little bit because I think Yglesias was too harsh and that Yglesias erred in his own post about the nature of cable bundling. Yglesias’ posts on cable bundling are good, and especially valuable because his Slate and ThinkProgress audiences are not the most receptive to economic justifications for perceived unfair corporate pricing schemes. In part due to him I suspect, you rarely hear econ and business bloggers calling for a la carte pricing of cable channels.
And Yglesias is certainly right that you can’t really complain about the price of your cable package, which includes the few channels you watch plus the sports channels you don’t watch, because you obviously value the channels more than the price you pay per month, even if the sports are a “waste.” He falters when he says
So since those channels are worth $60 to you, even if unbundling happens your cable provider is going to find a way to charge you approximately $60 for them. Because at the end of the day, you’re paying your cable provider for access to the channels you do watch—not for access to the channels you don’t watch. The channels you don’t watch are just there. If the channels you do watch are worth $60 to you, then $60 is what you’ll pay for them.
Continue reading →
Wendell Wallach, lecturer at the Interdisciplinary Center for Bioethics at Yale University, co-author of “Moral Machines: Teaching Robots Right from Wrong,” and contributor to the new book, “Robot Ethics: The Ethical and Social Implications of Robotics,” discusses robot morality.
Though many of those interested in the ethical implications of artificial intelligence focus largely on the ethical implications of humanoid robots in the (potentially distant) future, Wallach’s studies look at moral decisions made by the technology we have now.
According to Wallach, contemporary robotic hardware and software bots routinely make decisions based upon criteria that might be differently weighted if decided by a human actor working on a case-by-case basis. The sensitivity these computers have to human factors is a vital to ensuring they make ethically sound decisions.
In order to build a more ethically robust AI, Wallach and his peers work with those in the field to increase the sensitivity displayed by the machines making the routine calculations that affect our daily lives.
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Someone should consider making a movie about wasteful state-based film industy subsidies. It has become quite a cronyist fiasco in a very short period of time.
Some background: State and local tax incentives for movie production have expanded rapidly over the past decade. These inducements include tax credits, sales tax exemptions, cash rebates, direct grants, and tax or fee reductions for lodging or locational shooting. In 2002, only five states offered such inducements for movie production. By the end of 2009, forty-five states had some sort of incentives in place to lure film producers.
In 2010, the film industry received an estimated $1.5 billion in financial commitments from these programs. Unsurprisingly, these incentives have proven very popular with movie studios. Of the nine motion pictures that were nominated for Best Picture at the Academy Awards in 2012, five had received taxpayer-funded rebates, tax credits, and subsidies by state governments. “The Help” received a Mississippi spending rebate of $3,547,780 and “The Tree of Life” received $434,253 from Texas. In February 2012, Best Picture-nominee “Moneyball” received as much as $5.8 million from the state of California. It had grossed over $75 million at the box office. More recently, the biopic “Lincoln” received roughly $3.5 million in tax incentives from the Virginia Film Office.
Many state and local governments offer these inducements in the hope of attracting new jobs and investment; other simply seek to bill themselves as “the new Hollywood.” As William Luther of the Tax Foundation notes, “From politicians’ point of view, bringing Hollywood to town is the best of all possible photo opportunities—not just a ribbon-cutting to announce new job creation but a ribbon-cutting with a movie or TV star.” But it seems as if the glamor and prestige associated with films and celebrities have trumped sound economics since there is no evidence these tax incentives help state or local economies. Continue reading →
[Updated 4/28/13: Included links to several things + started list of additional resources at end.]
Each year I am contacted by dozens of people who are looking to break into the field of information technology policy as a think tank analyst, a research fellow at an academic institution, or even as an activist. Some of the people who contact me I already know; most of them I don’t. Some are free-marketeers, but a surprising number of them are independent analysts or even activist-minded Lefties. Some of them are students; others are current professionals looking to change fields (usually because they are stuck in boring job that doesn’t let them channel their intellectual energies in a positive way). Some are lawyers; others are economists, and a growing number are computer science or engineering grads. In sum, it’s a crazy assortment of inquiries I get from people, unified only by their shared desire to move into this exciting field of public policy.
I always do my best to answer their emails, calls, and requests for meetings. Unfortunately, there’s only so much time in the day and I am sometimes not able to get back to all of them. I always feel bad about that, so, this essay is an effort to gather my thoughts and advice and put it all one place so that I will at least have something to send these folks. Perhaps I’ll try to update it over time.
#1) Understand that Specialization Matters
I don’t want to bury the lede here, so let me start with the most important piece of advice I share with everyone who contacts me: specialization matters. When I got started in the sleepy field of information technology policy back in 1991, it was possible to be a jack-of-all-trades. There were only a few issues that really mattered, and most of them were tied up with traditional communications and media policy. If you knew a little something about telephony, universal service subsidies, spectrum policy, and broadcast regulation, then you could be an analyst in this field. There were only a handful of people in the think tank world back then who even cared about such issues. Continue reading →
The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology.