August 2004

Media Minitel?

by on August 17, 2004

An interesting story ran in the Economist a few weeks ago on France’s attempt to create a French 24-news channel (my apologies to you who aren’t weeks behind in reading Economist issues as I am.) Apparently, during the invasion of Iraq last year, Jacques Chirac grew frustrated with what he saw as a pro-US slant on war reporting by CNN and Fox. So he called for creation of a French rival to these networks, calling it “essential” to French global influence. The new venture of course, while partly privately owned, would be almost entirely taxpayer-financed.

The plan ran into problems, not surprisingly. First, it was decided that the new network would not operate in France . After all, French TV doesn’t need more competition, does it? Then, it was decided the initial programming would be only in French. Seems France’s desire to influence public opinion was outweighed by an aversion to using languages that the vast majority of the world actually speaks, such as English. Of course, that left potential audiences in parts of Belgium, Canada and West Africa, but even to the French government it was clear that would hardly create a rival to CNN. Last month the whole project was shelved as a waste of money even by French standards.

Of course, I’m sure some will see this as yet another example of how hard it is to compete against Fox, CNN, and the dozen or so other media “monopolies” that operate today without taxpayer support, French or otherwise.

Remember Streambox?

by on August 17, 2004

In an attempt to woo customers from Apple’s iTunes Music Store, RealNetworks halved per-song prices today for its music download service. The company will also be initiating an ad campaign espousing “Freedom of Choice.”

I have some serious difficulty mustering sypathy for RealNetworks in their current spat with Apple over Real’s new Harmony technology (which allows users to play files downloaded from Real’s service on an Apple iPod). Remember that Real is the same company that invoked the DMCA to crush Streambox several years ago.

If you do buy Harmony-enabled songs from Real, don’t expect them to always work with your iPod. Apple has already warned that future firmware upgrades may eliminate compatibility.

Buffy Escapes the Censors

by on August 17, 2004

Unlike many of the other dry technology and media policy issues I monitor, censorship issues occasionally provide some comedic relief, especially when Congress or the FCC start talking dirty. I love the sheer irony of the fact that in order to tell us which words or phrases must never be uttered on broadcast television or radio, Congress must ultimately list them all in a bill, as part of the public record, for the whole world (including school kids) to see. (Take a look at all the filthy talk in H.R. 3687, for example.) My God, aren’t they thinking of the children! Naughty, naughty Congress.

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Although we don’t always agree, I have a lot of respect for Tim Wu of the University of Virginia Law School and he’s doing some interesting guest blogging over on the Lessig Blog this week. He recently made a post about the principles that should guide the next Telecom Act and lists many that I agree with, some that I do not. Anyway, here’s my own short sketch of what the next Telecom Act should include:

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The online libertarian nirvana is no longer. As Adam says in his post introducing this blog, “Today the government has its hands all over the Internet. It’s difficult to name an area where lawmakers and regulators are not currently promulgating or considering rules and regulations for the high-technology and communications sectors.” So it is fitting that Wired News reported that it will no longer capitalize the “I” in internet, the “W” in web or “N” in net. (I’ve felt that this should be the case for years, but the elements of style dictated otherwise). Certainly the backbone of any new technology is the person using it – and through it all, people really don’t change all that much despite the change in technology. Our society has for too long thought of the “internet” as some distant land – and free market advocates have been able to ride the coattails of this perception when telling regulators to keep their “hands off.” As technology transcends socioeconomic barriers and becomes commoditized, this laissez faire argument carries less and less weight with regulators. This just makes our job advocating for market solutions harder, and means we need to focus on why the regulating forces of the market make for better outcomes than government regulation, not just by saying “don’t regulate a new technology” (implying its OK to regulate it once it’s all grown up) or “don’t regulate what you don’t know” (never stopped Congress before!). For better or worse, the “Internet” is no longer a strange land – and is little “i” internet for copy-editors and government regulators alike.

“Phishing,” a.k.a. tricking an Internet user into handing over their data to thieves who steal their money and identities, is becoming a huge problem. There’s a few companies in Silicon Valley that are working on a tech solution to the problem, and Senator Leahy recently introduced a bill to stop it. Here’s a decent primer on the issue.

The Congressional Budget Office (CBO) has just released an outstanding new primer on digital copryight issues that is probably the best introduction to the issue for the layman that I have ever seen. A very objective overview of all the key issues. Check it out.

There has been a string of stories about hackers cracking the copy-protection features of Apple’s proprietary suite of music hardware and software. The most momentous was the news that Real had figured out how to place its own copy-protected songs on iPods, without any cooperation from Apple.

I think Apple’s response was incredibly short-sighted. Steve Jobs, Apple’s CEO, appears to be of the attitude that he can single-handedly conquer the digital music market. Aside from one-sided rebranding agreements, Apple has refused to let anyone under the iTunes tent.

Apple, clearly, has not learned from its own history. This has clear parallels to the biggest platform battle of Apple’s corporate lifetime– the battle with Microsoft for dominance of desktop computing. There, as here, Apple pursued a strategy of trying to build everything itself. Microsoft, in contrast, licensed its technology freely to all comers. In the process, Microsoft built a thriving and competitive ecosystem of PC hardware manufacturers, each of which had to pay Microsoft tribute in order to run Windows. Apple, meanwhile, spent most of the last two decades trying to invent everything in-house, and Steve Jobs strangled Apple’s one tentative attempt at platform openness in its cradle when he returned to Apple’s helm in 1997. As a result, Macs today have a dismal 3% market share and have been relegated to being the niche favorite of creative professionals and yuppies.

Apple looks determined to do the same thing with its current commanding lead in the music market. Microsoft and Sony are veterans of brusing platform battles, and they’re coming with war chests of billions of dollars to take Apple’s cozy music monopoly. Apple needs all the allies it can get in that battle. It should be locking in favorable terms now with anyone willing to take its side, not snubbing potential allies at every opportunity.

Steve Jobs has never shown himself to be a great strategic thinker. He’s a smart guy who thinks it’s cool to run a computer company and a movie studio. But he lacks Bill Gates’ appetite for world domination. and paradoxically, that makes him more–not less–of a control freak. The problem is that peaceful co-existence is rarely an option in the technology business. Either your platform comes out on top, or someone else’s does so and you get relegated to obscurity.

Fortunately, Real appears to be doing to Apple what Microsoft did to IBM in the 80’s– pry their platform open against their will. If Real wins the coming legal battles, the iPod and iTunes will be open whether Apple likes itor not. That just might be a blessing in disguise.

In a recent column, Declan McCullagh discussed John Kerry’s tech policy agenda and what it might tell us about how a Kerry Administration would impact the Internet, communications and media policy.

Quite honestly, I have always felt that the two major political parties–neither of which I have ever voted for in my life–offer us a distinction without a difference on technology related public policy issues. Most politicians, especially those seeking the presidency, just don’t give a hoot about these issues.

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Welcome to the TLF !

by on August 14, 2004

Hello, and welcome to the Technology Liberation Front blog. Does the world really need another blog, you might ask? Well, yes, on this issue the world most certainly does need another blog because there’s not another one like this out there.

Do you remember when politicians would run around saying government should keep its “Hands off the Net”? It was nice rhetoric while it lasted but, ultimately, it was a hollow promise. Today the government has its hands all over the Internet. It’s difficult to name an area where lawmakers and regulators are not currently promulgating or considering rules and regulations for the high-technology and communications sectors.

This is why this site is needed. We aim to report on, and hopefully help to reverse, this dangerous trend of over-regulation of the Internet, communications, media and high-technology in general. We will not hide our love of liberty on this site and we will take every opportunity to castigate those who call for expanding the reach of government into these fields.

Second, this will be what you might call a full-service technology policy blog. While there are other technology blogs out there, those dealing with public policy often seem to be focused on just a few core issues. In particular, copyright law dominates the discussion on many blogs these days. While that’s understandable given the increasing intersection of copyright law and technology policy, one wonders why other sites haven’t popped up to cover a broader array of topics in our exploding universe of high technology pubic policy issues, including: First Amendment & free speech concerns; regulation of e-commerce markets and online services; privacy regulation; SPAM; spectrum management policy and wireless issues; broadcast television and radio regulation; media ownership / concentration concerns; traditional telecom regulatory policy; broadband Internet deployment policy; cable regulation; VoIP issues; network regulation and open access mandates; Internet taxation; online gambling; cyber-surveillance issues; and the role of the Federal Communications Commission and other regulatory agencies in the Information Age. And that just scratches the surface of what we’ll be covering here.

Third, this blog is not a one-man show. We have brought together several of the brightest and most provocative minds in the field of technology public policy today to compile and comment on the important developments of the day. This will help us keep the site fresh, entertaining and informative.

We hope you enjoy the site and will pass word on to friends who might also be interested in these issues. We also hope you will be willing to provide feedback on our entries and please let us know how we can improve the site to make it more useful and consumer-friendly.

Viva la (Technology) Revolution!