I had a long interview this morning with the Christian Science Monitor. Like many of the interviews I’ve had this year, the subject was Google. At the increasingly congested intersection of technology and the law, Google seems to be involved in most of the accidents.
Just to name a few of the more recent pileups, consider the Google books deal, net neutrality and the National Broadband Plan, Viacom’s lawsuit against YouTube for copyright infringement, Google’s very public battle with the nation of China, today’s ruling from the European Court of Justice regarding trademarks, adwords, and counterfeit goods, the convictions of Google executives in Italy over a user-posted video, and the reaction of privacy advocates to the less-than-immaculate conception of Buzz.
In some ways, it should come as no surprise to Google’s legal counsel that the company is involved in increasingly serious matters of regulation and litigation. After all, Google’s corporate goal is the collection, analysis, and distribution of as much of the world’s information as possible, or, as the company puts it,” to organize the world’s information and make it universally accessible and useful.” That’s a goal it has been wildly successful at in its brief history, whether you measure success by use (91 million searches a day) or market capitalization ($174 billion).
As the world’s economy moves from one based on physical goods to one driven by information flow, the mismatch between industrial law and information behavior has become acute, and Google finds itself a frequent proxy in the conflicts.
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Should ISPs be barred under net neutrality from discriminating against illegal content? Not according to the FCC’s draft net neutrality rule, which defines efforts by ISPs to curb the “transfer of unlawful content” as reasonable network management. This exemption is meant to ensure providers have the freedom to filter or block unlawful content like malicious traffic, obscene files, and copyright-infringing data.
EFF and Public Knowledge (PK), both strong advocates of net neutrality, are not happy about the copyright infringement exemption. The groups have urged the FCC to reconsider what they describe as the “copyright loophole,” arguing that copyright filters amount to “poorly designed fishing nets.”
EFF’s and PK’s concerns about copyright filtering aren’t unreasonable. While filtering technology has come a long way over the last few years, it remains a fairly crude instrument for curbing piracy and suffers from false positives. That’s because it’s remarkably difficult to accurately distinguish between unauthorized copyrighted works and similar non-infringing files. And because filters generally flag unauthorized copies on an automated basis without human intervention, even when filters get it right, they often disrupt legal, non-infringing uses of copyrighted material like fair use.
Despite copyright filtering technology’s imperfections, however, outlawing it is the wrong approach. At its core, ISP copyright filtering represents a purely private, voluntary method of dealing with the great intellectual property challenge. This is exactly the sort of approach advocates of limited government should embrace. As Adam and Wayne argued back in 2001:
To lessen the reliance on traditional copyright protections, policymakers should ensure that government regulations don’t stand in the way of private efforts to protect intellectual property.
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Because of some recent skepticism about the economic viability of open-source software (and because of an upcoming presentation I’m giving on the topic), I’m calling on the TLF readership to give me some examples of companies—from big-name brands to small design shops—that are making money through creating or contributing to open-source software projects.
I’m not just looking for millionaires like Matt Mullenweg of WordPress, I’m also looking for examples like design shops contributing to the development of projects like Drupal, independent developers promoting themselves through successful open-source products, or small-scale software support companies who also give back to the code base.
Please leave a comment with as many examples as you like.
Reihan Salam of National Review Online has a great piece on the US Trade Representative’s Special 301 Watchlist today. Salam points out that this list, which is supposed to identify nations that are a threat to intellectual property, may include Brazil, India, and Indonesia not because of any piracy occurring there, but because of their use of open-source software.
That inclusion is being pushed for by the International Intellectual Property Alliance, a group which includes the MPAA and RIAA. This is, of course, a brazen move by US corporations to force these developing nations to use their expensive proprietary software instead of the cheaper open-source alternatives.
This is exactly the kind of thing libertarians should abhor—government being co-opted by corporations so that policies can be made in order to defend their interests, instead of our rights.
Thanks to Salam for recognizing me and Tim Lee in the form of a link to a recent blog post on Tim’s site, Bottom Up.
For more on the USTR’s Special 301 watchlist, check out this post by Mike Masnick at TechDirt.
Of the many tech policy-related books I’ve read in recent years, I can’t recall ever being quite so torn over one of them as much as I have been about Jaron Lanier‘s You Are Not a Gadget: A Manifesto. There were moments while I was reading through it when I was thinking, “Yes, quite right!,” and other times when I was muttering to myself, “Oh God, no!”
The book is bound to evoke such strong emotions since Lanier doesn’t mix words about what he believes is the increasingly negative impact of the Internet and digital technologies on our lives, culture, and economy. In this sense, Lanier fits squarely in the pessimist camp on the Internet optimists vs. pessimists spectrum. (I outlined the intellectual battle lines between these two camps my essay, “Are You An Internet Optimist or Pessimist? The Great Debate over Technology’s Impact on Society.”) But Lanier is no techno-troglodyte. Generally speaking, his pessimism isn’t as hysterical in tone or Luddite-ish in its prescriptions as the tracts of some other pessimists. And as a respected Internet visionary, a gifted computer scientist, an expert on virtual reality, and a master wordsmith, the concerns Lanier articulates here deserve to be taken seriously— even if one ultimately does not share his lugubrious worldview.
On the very first page of the book, Lanier hits on three interrelated concerns that other Net pessimists have articulated in the past:
- Loss of individuality & concerns about “mob” behavior (Lanier: “these words will mostly be read by nonpersons–automatons or numb mobs composed of people who are no longer acting as individuals.”)
- Dangers of anonymity (Lanier: “Reactions will repeatedly degenerate into mindless chains of anonymous insults and inarticulate controversies.”)
- “Sharecropper” concern that a small handful of capitalists are getting rich off the backs of free labor (Lanier: “Ultimately these words will contribute to the fortunes of those few who have been able to position themselves as lords of the computing clouds.”)
Again, others have tread this ground before, and it’s strange that Lanier doesn’t bother mentioning any of them. Neil Postman, Mark Helprin, Andrew Keen, and Lee Siegel have all railed against the online “mob mentality” and argued it can be at least partially traced to anonymous online communications and interactions. And it was Nick Carr, author of The Big Switch, who has been the most eloquent in articulating the “sharecropper” concern, which Lanier now extends with his “lords of the computing clouds” notion. [More on that towards the end.] Continue reading →
The Federal district court handling the Authors Guild’s suit against Google over Google Books has scheduled a hearing on for February 18, 2010 in New York City (after several postponements). The parties, their supporters and the Department of Justice will all get to speak. Twenty-six outside groups will each get five minutes to speak about the deal—21 against and 5 in favor. (If the numbers seem off-balance, note that France is on the “con” side, and if the statist-stasist-centralist-protectionist French are against something tech-related, how bad an idea could it really be?)
Although the settlement is highly arcane, how this issue is resolved will probably do as much, for better or worse, to shape our digital future in the years to come as any tech policy issue currently under discussion. (I’d say only net neutrality, privacy regulation and media socialization would fall into the same tier of such fork-in-the-road decision-points.)
So of course this profoundly important public hearing is going to be livecasted, right? Unfortunately, I don’t think so. Continue reading →
At the “State of the Net” conference this morning, Alan Murray of The Wall Street Journal interviewed Brian Roberts, Chairman & CEO of Comcast. Here are some highlights. [You can follow all of my live Tweeting at: @AdamThierer]
- Stresses synergies from combination of Comcast cable channels & NBC broadcast properties (ex: Golf Channel & NBC Sports)
- Program access rules “should give fair amount of comfort” to critics who fear that content will be withheld
- “Businesses have to transform & reinvent themselves all the time” NBC part of that transformation for Comcast
- Internet is more friend than foe; broadband has transformed the business for the better
- Businesses grappling w/ ways to extend traditional services to consumers in new ways & still make $$$ (ex: TV Everywhere)
This looks like a good one to me. An ITIF event tomorrow called “Info-Communism:” A Progressive Path Forward or a Political and Intellectual Dead End?
Overheated rhetoric around information policy and intellectual property damages the quality of the debate. In this paper, featured speaker and Syracuse University information studies professor Milton Mueller warns against pouring these debates into old ideological molds. Doing so preserves controversy rather than fostering the discovery of common ground. (Or “commons” ground—couldn’t help it!)
I don’t know that this forum will solve the problem, but I know it will be interesting. The sign-up page indicates that the event will be streamed.
As I mentioned, I’m out in Vegas attending the Tech Policy Summit at CES today and tomorrow and trying to blog about some of what’s going on. Here’s my summary of panel#1 on broadband policy and panel #2 on spectrum policy. The third panel was on the future of copyright and content creation. The session was moderated by Declan McCullagh, Sr. Correspondent, CBSNews.com and Contributor, CNET News. The panelists included:
- Jim Griffin, President, Choruss LLC and Advisor to Warner Music Group
- Fred von Lohmann, Senior Staff Attorney, Electronic Frontier Foundation
- Gigi Sohn, Co-founder and President, Public Knowledge
- Hank Shocklee, Creative Director and CEO Music Producer, Founder of Public Enemy and President, Shocklee Entertainment
- Michael Robertson, Founder, MP3.com
- Dave Allen, Co-founder and President, Pampelmoose and Co-founder, Fight
I have briefly summarized some of what each speaker said down below:
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My colleague (and boss) Adam Thierer had a great post last week about how “fart apps” are a great example of the generative nature of the mobile phone application marketplace. But Fart apps are just one type of “soundboard” application. A typical soundboard app has a bunch of buttons, and each time you press a button a sound is played. Most soundboards play catchphrases from popular movies and TV shows. According to AndroidZoom.com, there are 319 applications in the Android Market with “soundboard” in the title or description. Most (280) of them are free.
Almost all the free soundboards I tried include advertising from Google. The three main developers of soundboard apps for Android are Androidz , aspidoff, and Raz Corp. Androidz has ads from DoubleClick and aspidoff and Raz Corp (who’s apps seem exactly the same) both have ads from AdMob (which Google recently acquired). I’m all in favor of ad-supported content, but I suspect that the sound clips used in these soundboards are not licensed.
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I had a long interview this morning with the Christian Science Monitor. Like many of the interviews I’ve had this year, the subject was Google. At the increasingly congested intersection of technology and the law, Google seems to be involved in most of the accidents.
The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology.