Microsoft has come out swinging in support of IP over the past few days.

Punch number one came last Monday, when Associate GC Tom Rubin strongly defended IP in a widely-publicized talk to the Association of American Publishers on Searching for Principles: Online Services and Intellectual Property, taking dead aim at Google's desire to digitize books with or without the copyright holders' permission (a sure crowd-pleaser in that audience). He concluded:

We as a society have a compelling interest in ensuring that those who profit from providing access to online content do not infringe the rights of content creators themselves. Rather, the content and technology industries need to work together to encourage the growth of online access to content and promote continued innovation to benefit our customers. It will require flexibility and even compromise by all parties, but the outcome will be tremendous.

Continue reading Microsoft & IP - Copyright . . .

posted by James DeLong @ 12:09 PM | Big Tent , General , ISPs

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A report from the Independent of the break-down in talks between ISPs and music groups about responsibility for online copying, with lawsuits a possible result.

When we spoke with IP enforcers from Spain and Italy back a year or so ago, I was struck with the enthusiasm they showed for the idea that ISPs should be responsible for illicit copying by their customers.

Continue reading ISP Responsibility for Customer Copying . . .

posted by Solveig Singleton @ 11:17 AM | ISPs

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Kudos to Warner Bros. for working out distribution of movies on BitTorrent. The BitTorrent technology truly is amazing, but unfortunately like so many new technologies in the digital world it was quickly embraced by those disrespectful of intellectual property before legitimate market forces could move in. Kudos also to the folks behind BitTorrent for working with studios to help its service respect artists' rights.

That said, I won't be using this new service, although I purchase Warner Bros. movies (I own all 4 Harry Potter DVDs). I want to watch movies on my TV, not my computer, and so far Warner Bros. is doing the same thing you find with the movie download services; recording permitted only onto DVD for backup, and the DVD can only be played on the original computer. The motion picture industry needs to move in the direction of the recording industry, which licenses services that permit the downloading of songs and the transfer of those songs onto other devices, including CDs.

One thing to keep track of -- if BitTorrent begins carrying more legitimate traffic and becomes more than just a fun tool for WELL types, then there will be a serious need for bandwidth, and as my colleague Adam points out, under net neutrality regulations we likely won't see that bandwidth. Downloaded video will stay on the computer.

posted by Patrick Ross @ 12:22 PM | Content Controls , DRM , ISPs , Internet , Markets , P2P

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The Property Rights Alliance is starting a fellowship honoring Peruvian economist Hernando de Soto, head of the Institute for Liberty and Democracy and author of The Mystery of Capital.

I was introduced to De Soto at a PRA affair yesterday, and he immediately began grilling me on exactly why I support IP rights and how these might tie in with promoting prosperity in the underdevolped world.

Some of the points he made in his brief talk to the group:

Continue reading Hernando de Soto . . .

posted by James DeLong @ 10:50 AM | ISPs

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And on another battlefront:

Google's Barry Schnitt told [Networking Pipeline's Paul Kapustka] in an email: "Google is not discussing sharing of the costs of broadband networks with any carrier. We believe consumers are already paying to support broadband access to the Internet through subscription fees and, as a result, consumers should have the freedom to use this connection without limitations."

Interestingly, though, quite a few of the comments are sympathetic to the ISPs, for whatever that is worth as a barometer of public opinion.

posted by James DeLong @ 2:02 PM | ISPs

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The Financial Times says that tension between the record companies and the ISPs is increasing. It quotes John Kennedy, head of the International Federation of Phonographic Industries: “It’s been a year since I asked for (the ISP’s) cooperation, and I’ve effectively had zero response,”

Litigation is threatened. According to the FT:

He said he wanted ISPs to send out warnings to customers who downloaded music illegally and then cut them off from using their services if they refused to stop. “If it’s easy enough to cut them off if they don’t pay their bills, it’s easy enough to cut them off if they infringe copyright laws.”

posted by James DeLong @ 1:53 PM | ISPs

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Today's WSJ (subscription required), p. B1, has an article on "Merger of TV and Web May Hit Cable Industry Before Its Prepared."

It points out that integration of Internet delivery with cable or with the telephone companies is technically feasible, but that no one is rushing it:

Continue reading Content & Carriers . . .

posted by James DeLong @ 2:29 PM | ISPs

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Ronald J. Mann & Seth R. Belzley of the University of Texas Law School's Center for Law, Business and Economics have published The Promise of Internet Intermediary Liability (April 2005).

From the abstract:

Continue reading Internet Intermediaries & Liability . . .

posted by James DeLong @ 12:12 PM | ISPs

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Yesterday, we noted that Supreme Court oral argument in Grokster is scheduled for March 29.

Also scheduled for that day is National Cable & Telecommunications Association v. Brand X Internet Services, a significant case on the complicated interaction of the various regulatory schemes that govern telecom, and on the respective powers of the FCC and Ninth Circuit. When cert was granted, PFF's Randy May commented:

Good news today out of the Supreme Court. The Court has announced it will consider the appeal from the Ninth Circuit's decision holding that cable modem service is a "telecommunications" service subject to public utility-style regulation rather than, as the FCC determined, an "information service" remaining relatively free from regulation.

posted by James DeLong @ 12:47 PM | ISPs

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In response to last week's Business Software Alliance report on Intellectual Property in the 21st Century, a local tabloid screamed: "Tech Firms Aim to Change Copyright Act: ISP's Liability for File Sharers at Issue."

Other sources picked up the alarm - MIT's Technology Review, for example, and several proprietary investment sites.

This characterization of BSA's position was overblown. The report expressed disappointment in the result of last year's DC Circuit ruling in RIAA v. Verizon (recently followed by the 8th Circuit) to the effect that copyright holders can obtain the identity of illicit downloaders from ISPs only if they file a formal law suit, not through a pre-litigation subpoena. The report then suggested that "policymakers should consider whether clarifying the current law . . . is needed to facilitate enforcement . . . . [which] requires cooperation by third parties." (Report at p.11.)

This is about as wishy washy as one can get in the public policy world, far short of any call to actually reopen the DMCA, and alarmism is premature.

Continue reading BSA & ISPs . . .

posted by James DeLong @ 3:16 PM | ISPs

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posted by James DeLong @ 8:26 AM | ISPs

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