Apple, Spotify & the Threat of FCC High-Tech Regulation

by Adam Thierer on September 23, 2009 · Comments

Over at TechDirt, Mike Masnick has an interesting post asking “Why Did Apple Approve Spotify?” which builds on an AdAge column asking a similar question: “Did Apple Sacrifice ITunes With Latest Apps?”  As the title of that AdAge piece suggests, some folks are wondering if Apple shot itself in the foot by approving Spotify, a music streaming app that some regard as a potential iTunes killer.  I don’t really have any comment on the business angle here, rather, I wanted to just comment on Mike’s suggestion that one possible explanation for Apple’s approval of the app is that:

As we noted when the app was approved, Apple appears to be somewhat gunshy, following the FCC inquiry into why it “blocked” Google Voice on the iPhone (and, yes, Apple still insists it didn’t actually block the app, but Google says otherwise). Given the scrutiny, Apple probably realized that it was in for some serious political trouble if it blocked an app like Spotify, which would have received a lot of press attention. Oddly, the AdAge article doesn’t mention this at all.

Indeed, it is odd that AdAge didn’t bother mentioning that fact.  But what I find doubly odd here is that nobody is even blinking an eye at the prospect of such political meddling with — or even possible FCC regulation of — Apple, iTunes, or music streaming market in general!  Seriously, have we gotten to the point now in our Bold New World of Neutrality Regulation that innovative high-tech companies must live in fear of constant regulatory intervention even when they completely lack any statutory authority to play these games?  Moreover, does anyone think that the a bunch of Beltway bureaucrats can micro-manage music and high-tech application markets and give us more options than we have today?

I know the prospect of such meddling makes some academics and regulatory activists groups happy, but I can’t see how this ends well for consumers or high-tech markets more generally.  Regardless, for those of you who laugh when we suggest that the slippery slope of regulation is real, consider this case to be Exhibit A.  Or perhaps it’s Exhibit B since the Google Voice spat with Apple was already moving the FCC in the direction of becoming a device regulator and applying “handset neutrality” principles that have no basis in law.  It’s your anything-goes government at work.

Comments Posted in: Broadband & Neutrality Regulation, Technology, Business & Cool Toys

Against Techno-Panics

by Adam Thierer on July 15, 2009 · Comments

I’ve just had a new article published by the American Legislative Exchange Council (ALEC) in which I make the case against “techno-panics,” which refers to public and political crusades against the use of new media or technologies by the young. The article is entitled “Parents, Kids & Policymakers in the Digital Age: Safeguarding Against ‘Techno-Panics‘” and it appears in the July 2009 Inside ALEC newsletter.  This is something I have spent a lot of time writing about here in recent years (See 1, 2, 3, 4, 5) and I finally got around to putting it altogether in a concise essay here.  I have pasted the full text below. [And I just want to send a shout-out to my friend Anne Collier of Net Family News.org, whose work on this topic has been very influential on my thinking.]

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Parents, Kids & Policymakers in the Digital Age: Safeguarding Against ‘Techno-Panics‘”
by Adam Thierer

A cursory review of the history of media and communications technologies reveals a reoccurring cycle of “techno-panics” — public and political crusades against the use of new media or technologies by the young.  From the waltz to rock-and-roll to rap music, from movies to comic books to video games, from radio and television to the Internet and social networking websites, every new media format or technology has spawned a fresh debate about the potential negative effects they might have on kids.

Inevitably, fueled by media sensationalism and various activist groups, these social and cultural debates quickly become political debates. Indeed, each of the media technologies or outlets mentioned above was either regulated or threatened with regulation at some point in its history. And the cycle continues today. During recent sessions of Congress, countless hearings were held and bills introduced on a wide variety of media and content-related issues. These proposals dealt with broadcast television and radio programming, cable and satellite television content, video games, the Internet, social networking sites, and much more.  State policymakers, especially state Attorneys General (AGs), have also joined in such crusades on occasion.  The recent push by AGs for mandatory age verification for all social networking sites is merely the latest example.

What is perhaps most ironic about these techno-panics is how quickly yesterday’s boogeyman becomes tomorrow’s accepted medium, even as the new villains replace old ones.  For example, the children of the 1950s and 60s were told that Elvis’s hip shakes and the rock-and-roll revolution would make them all the tools of the devil. They grew up fine and became parents themselves, but then promptly began demonizing rap music and video games in the ‘80s and ‘90s.  And now those aging Pac Man-era parents are worried sick about their kids being abducted by predators lurking on MySpace and Facebook. We shouldn’t be surprised if, a decade or two from now, today’s Internet generation will be decrying the dangers of virtual reality.

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Comments Posted in: First Amendment, Free Speech & Online Child Safety

Music as Technology, Innovation & Part of Human Evolution

by Berin Szoka on July 3, 2009 · Comments

Check out “Magic Flute: Primal Find Sings of Music’s Mystery“ in yesterday’s WSJ. The article describes the development of music as a central part of what Jacob Bronowski called the “Ascent of Man“:

“I believe that before we evolved language, our communication was more musical than it is now,” says cognitive archaeologist Steven Mithen at the University of Reading in England, author of “The Singing Neanderthals: The Origins of Music, Language, Mind and Body.” Unlike Darwin, Dr. Mithen is convinced that music was crucial to human survival. “Using music to express emotion or build a sense of group belonging would have been essential to the function of human society, especially before language evolved prior to modern humans.”

The discovery of the world’s oldest musical instrument—a 35,000-year-old flute made from a wing bone—highlights a prehistoric moment when the mind learned to soar on flights of melody and rhythm.

Researchers announced last week in Nature that they had unearthed the flute from the Ice Age rubbish of cave bear bones, reindeer horn and stone tools discarded in a cavern called Hohle Fels near Ulm, Germany. No one knows the melodies that were played in this primordial concert hall, which sheltered the humans who first settled Europe. The delicate wind instrument, though, offers evidence of how music pervaded daily life eons before iTunes, satellite radio and Muzak.

…the ability to create musical instruments reflects a profound mental awakening that gave these early humans a crucial edge over the more primitive Neanderthal people who lived in the same epoch. “The expansion of modern humans hinged in part on new ways of storing symbolic information that seemed to confer an advantage on these people in competition with Neanderthals,” Dr. Conard says.

To Dr. Patel, music-making was a conscious innovation, like the invention of writing or the control of fire. “It is something that we humans invented that then transformed human life,” he says. “It has a profound impact on how individual humans experience the world, by connecting us through space and time to other minds.”

If even something as central to our daily lives as music is, in fact the result of technological innovation over time and if technology can, as with music, change the way we think, communicate and build communities, I can’t help but wonder:  What will our descendants think thousands of years from now as they look back on the rise of today’s web and social networking technologies? If nothing else, this sense of perspective should make us better appreciate how important the development of communications media really is to the future of the human species.

Impossible as it is to predict how that staggeringly complex process will unfold—e.g., will Google make us smarter or stupider?—I’ll just humbly suggest that, rather than try to tinker with the future course of the species by trying to fine-tune public policy today to produce the “right” outcome, we would do better to follow the same principle that has guided the medical profession for 24 centuriesFirst, Do No Harm. In other words, if we don’t know what the effects of regulatory intervention in new media will be in the long-term, we’d be better off to leave well enough alone.

Comments Posted in: Innovation & Entrepreneurship, Philosophy & Cyber-Libertarianism

10 Years Ago Today… (Thinking About Technological Progress)

by Adam Thierer on February 1, 2009 · Comments

As I am getting ready to watch the Super Bowl tonight on my amazing 100-inch screen via a Sanyo high-def projector that only cost me $1,600 bucks on eBay, I started thinking back about how much things have evolved (technologically-speaking) over just the past decade. I thought to myself, what sort of technology did I have at my disposal exactly 10 years ago today, on February 1st, 1999?  Here’s the miserable snapshot I came up with:

  • 10 years ago today, I did not own a high-definition television set, as they were too expensive (I bought my first one from Sears on an installment plan a few months later. It was a boxy 42-inch, 4×3 monstrosity that rolled around on the floor on casters and it took up half the room). Moreover, only a few HDTV signals could be picked up locally and none were yet available from my cable or satellite provider.
  • 10 years ago today, the biggest television in my house was a 32-inch 4×3 ProScan analog set, which I thought was massive. (Of course, it was in terms of weight. It was over 125 lbs).
  • 10 years ago today, I was still using a dial-up, 56k narrowband Internet connection even though I lived in downtown Washington, DC just 6 blocks from our nation’s Capitol.
  • 10 years ago today, my computer was a Compaq laptop that weighed more than my dog, had barely any storage or RAM, and had a screen that was only slightly brighter than an Etch-A-Sketch.
  • 10 years ago today, I was still occasionally using an old CompuServe e-mail address that had nine digits in it. (But at least I wasn’t one of the 20 million or so people paying $20 bucks per month to graze around inside AOL’s walled garden!)
  • 10 years ago today, I was still backing up files on 3 1/2 inch floppy disks. I had boxes full of those things. (And, sadly, I still had 5 1/4 inch floppies in my possession that I was saving “just in case” I ever needed those old files. Pathetic!)

Continue reading →

Comments Posted in: Miscellaneous, Technology, Business & Cool Toys

A Blanket License for Music Soon To Arrive?

by Berin Szoka on January 26, 2009 · Comments

Isle of Man Coat of ArmsThe Isle of Man may soon implement a “blanket license” whereby Manx broadband users could download as much music as they like in exchange for paying a “fee” (also known as a “tax,” since this would be non-optional) to their ISP that would supposedly be as low as $1.38/month.  The Manx proposal sounds a lot like how SoundExchange administers a blanket license in the U.S. for web-casting of copyrighted music:

the money collected by the Internet providers would be sent to a special agency that would distribute the proceeds to the copyright owners, including the record labels and music publishers. They would receive payments based on how often their music was downloaded or streamed over the Internet, as they now do in many countries when it is performed live or on the radio.

As Adam Thierer has noted,  Larry Lessig has endorsed at least a voluntary version of this idea, but Adam has raised a number of tough questions: Continue reading →

Comments Posted in: Copyright, DMCA, DRM & Piracy

Hello, Jonah

by Tom W. Bell on December 3, 2008 · Comments

Like it or not, we live in the belly of Leviathan. Friends of liberty tend not to like it. Rather than giving in to death-by-digestion, or the dreaded Lower Intestines of Statism, they struggle to escape. Hello, Jonah, describes that plight, prescribes a cure, and wryly notes the outcome:

As with Nice to Be Wanted, Sensible Khakis and Take Up the Flame, a Creative Commons license allows pretty free non-commercial use of Hello, Jonah. You can find the words and chords here.

As for (admittedly unlikely) commercial licensees, Hello, Jonah asks that they tithe 10% of revenues to the Cato Institute. I worked at Cato some years ago, and continue to support its good works. Like Jonah, Geppetto, and Pinnochio, Cato works from within the belly of the Beast, helping us all of us who “struggle to get out.”

[Crossposted at Agoraphilia and Technology Liberation Front.]

Comments Posted in: Copyright, Inside the Beltway (Politics), Miscellaneous, Open Source, Open Standards & Peer Production

Lessig’s call for a “simple blanket license” in Remix

by Adam Thierer on December 1, 2008 · Comments

Lessig Remix coverI’m finishing up Stanford Law School professor Lawrence Lessig’s latest book, Remix: Making Art and Commerce Thrive in the Hybrid Economy and wanted to make a brief comment about his call for a “simple blanket license” to solve online music piracy.

Overall, I thought Prof. Lessig made a good case regarding the benefits of “remix culture” and why copyright law should leave breathing room for the various derivative works of amateur creators. On the other hand, Lessig still too often blurs remix culture with “ripoff culture” (i.e., those who aren’t out to create anything new but instead just take something without paying a penny for it).

To solve that latter problem, Lessig again endorses a proposal that William Fisher, Electronic Frontier Foundation, and others have made for collective licensing of all online music, but he fails to drill down into the devilish details. He says, for example, that “by authorizing a simple blanket licensing procedure, whereby users could, for a low fee, buy the right to freely file-share” we could “decriminalize file sharing.” (p. 271)

I respect the fact that Lessig is at least acknowledging a problem exists and proposing a solution to it, but the collective licensing approach will be anything but “simple” in practice. As I have pointed out here before, collective licensing proposals and efforts almost always become compulsory in practice.  They inevitably involve government mandates to determine (1) who pays in, (2) how much they pay in, as well as (3) how much gets paid out and, (4) who gets the money.

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Comments Posted in: Copyright, DMCA, DRM & Piracy, What We're Reading

Nice to Be Wanted

by Tom W. Bell on November 23, 2008 · Comments

“The doggone law. The consarned law. The lousy, frickin’, nit-pickin’, noveau-Prussian, freedom-crushin’ . . . .” Nice to Be Wanted twangs the sad tale:

Like Sensible Khakis and Take Up the Flame, Nice to Be Wanted comes with a license allowing pretty free non-commercial use. Also like those songs, this one requires commercial licensees to tithe 10% to a good cause—here, the Institute for Justice.

We all owe IJ thanks for its Good Works. I owe IJ a special “thank you,” for inspiring the lines in Nice to Be Wanted about the plight of the “charmin’ lady down New Orleans’ way.” Alas, her tale rings all too true. May she—and may we all—win greater freedom to pursue our livelihoods. Go get ‘em IJ! (The bit about “pumped his own gas” also draws from a real-world inspiration: just scroll down to Oregon Revised Statute § 480.330.)

I plan at least a few more of these videos, by the way. Subscribe to my channel to catch them all. My efforts remain pretty raw for now, granted; Nice to Be Wanted comes from only the second take of my first visit to a recording studio. Please share your suggestions about how I might improve. (You can skip, “Suck less,” though. I’m already working on that, thanks.)

[Crossposted at Agoraphilia and Technology Liberation Front.]

Comments Posted in: Antitrust & Competition Policy, First Amendment, Free Speech & Online Child Safety, Miscellaneous, Open Source, Open Standards & Peer Production, Uncategorized

Collective Licensing Debate Creates Some Seriously Strange Bedfellows

by Adam Thierer on November 20, 2008 · Comments

Is there any other issue under the tech policy sun today that creates stranger intellectual bedfellows than collective licensing of online music? After all, as I noted here before, on the pro-collective licensing side we find mortal enemies EFF and RIAA (at least Warner) in league. And on the anti-collective licensing side, we have Mike Masnick and Andrew Orlowski. If you locked those two guys in a room and tossed out any other copyright topic, they’d probably end up killing each other with their bare hands. But somehow they agree on this one (albeit for somewhat different reasons).

Anyway, I continue to have mixed, but generally skeptical, feelings about online collective licensing. There are countless thorny fairness issues on both the artist and consumer side of things. What’s the pay-in rate? How is it set? Who all pays in? Who gets paid out, how much, and by what formula? And God only knows how you deal with those parties (whether they be ISPs, consumers, or even artists) who don’t want to be a part of the scheme.

For these reasons, I’ve always felt a voluntary collective licensing scheme for the Internet is challenging, if not impossible. It would have to be compulsory to be a truly blanket license that covered all music, all users, and all platforms. I’m not too fond of that approach, but I think that’s where we are likely heading in the copyright wars. After all, that’s how it has been resolved in many other contexts historically. But that doesn’t give me any comfort since those other systems have been a mess in practice. This 2004 Cato study by Robert Merges provides some details and makes the case against apply the compulsory licensing approach to the online music marketplace.

Comments Posted in: Copyright