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SOPA and the wisdom of Yogi Berra

January 19, 2012

“Déjà vu all over again.”  The bitter brawl over the Stop Online Piracy Act, featuring blackouts by notable Internet sites and services, is eerily reminiscent of the battle 15 years ago over the Digital Millennium Copyright Act.  If the outcome can be the same – a negotiated compromise that protects copyrights, but does not endanger the fundamentally free nature of communications online – content providers, the information technology community, and the public will all be better off.

Support builds for full disclosures of airline fees

December 28, 2011

On the Wednesday before Thanksgiving, traditionally the heaviest travel day of the year, Senator Bob Menendez, Senate Aviation Subcommittee Chair Maria Cantwell, and eight of their colleagues, wrote to Secretary Ray LaHood of the Department of Transportation urging the Department on in its efforts to protect consumers by requiring full disclosure of baggage, boarding and other airline ancillary fees.  They wrote, they said, to support the Department’s “efforts to eliminate confusing, hidden fees that often increase the cost of air travel, and promote a system that is transparent and facilitates total price comparisons.” 

"Amazon Taxes" -- Will They Succeed or Backfire?

July 27, 2011

"Remote," i.e., out-of-state, sellers have been exempt from collecting sales taxes unless they had a physical connection to a state.  Now, a perfect storm has gathered -- burgeoning online sales, empty state coffers, main street retailers seeking fairness -- to revive the issue.  Amazon is directly in the crosshairs.  Several states and the federal government have or are considering legislation in the area.  Amazon and other companies are pushing back.  Will these taxes dampen online sales?

On the Edge of Bankruptcy . . . the Postal Service?

May 23, 2011

The Postal Service is near insolvency.  Caused by diminished business, strong, but insufficient costcutting, and statutory financial obligations, by next year it may not be able to keep functioning.  This article addresses why, what can be done, and concludes with where USPS will be in the absence of, in particular, congressional relief.

ACTA: A Step Ahead for IP Protection or Derailed by Controversy?

April 21, 2010

A draft of the Anti-Counterfeiting Trade Agreement, until now shrouded in secrecy and subject to dark suspicions of oppressive provisions by opponents, has now been published.  It would strengthen IP enforcement, but open a new front in the long-running battle between IP owners and technological innovators, the heart of which is whether stringent IP protection or unfettered innovation will better stimulate business and, in this case, trade.  With this publication, the debate can proceed in earnest.

Unbundled Air Fares: Disclosure is Key to Services Which Used to be Free

March 23, 2010

Airlines have created a multi-billion stream of revenue from services which were once included in airfares:  baggage, meals, etc.  Given their parlous financial condition, unbundling is here to stay.  But consumers need access to more comprehensive availability of information about these unbundled fares:  the best they can do is navigate through them to determine which they want/need.  Congress is considering legislation to require the information be passed along, which will be a real service.

Transformation is Essential to Save the Postal Service

March 4, 2010

Analysis of:Postal Service Revives Cutback Plans | www.nytimes.com

The Postal Service made clear at an extraordinary convocation of the mailing community Tuesday that it is in dire financial straits for the foreseeable future.  Confronting a daunting budget gap of $238 billion over the next ten years, Postmaster General Jack Potter laid out a suite of changes that will affect customers from Wells Fargo, Time Inc., and Williams & Sonoma to small businesses and the public, competitors such as UPS and FedEx, and suppliers like Pitney Bowes.

Google Digitization of Books: Ambitious Project Imperiled

February 10, 2010

Analysis of:Justice Department Criticizes Latest Google Books Deal | www.nytimes.com

Google's ambitious project to scan, digitize and make books available online is imperiled, having sparked copyright, antitrust and other concerns, and opposition from the Justice Department, the Register of Copyrights, foreign governments, and competitors. Despite modifications, Justice has again been critical; the benefits of digitizing millions of books may have to yield to rights of authors and publishers and Congress' role in setting the parameters of, and exceptions to, copyright rights.

Anti-Piracy Setback for Beleaguered Record Companies

October 3, 2008

Analysis of:Capitol Records v. Jammie Thomas | www.eff.org

A federal district court's ruling has taken away -- at least temporariily -- a key legal weapon in the fight against music piracy online. The court's decision will make it harder to stop file sharing on peer-to-peer networks -- a prime source of music piracy -- by demonstrating that it violates the Copyright Act. Besieged by, and in decline from, downloads by the 10s of millions from music placed online without compensation or permission, the Big Four record labels, and smaller independent labels, can ill afford to lose any tool for striking back against piracy.  The decision also has implications for other content providers, from film studios to software and videogames producers.

The Fight Between Big Copyright and Big Technological Innovators: The Latest Round Goes to the Innovators

August 6, 2008

Analysis of:A Ruling May Pave the Way for Broader Use of DVR | www.nytimes.com

A federal appeals court has cleared the way for cable and satellite companies to allow consumers to record and store programming remotely on the cable company's servers.  This will provide more storage and perhaps more functions than on a DVR, and bypass the need to even have one. The case stands a good chance of being appealed to the Supreme Court for a final ruling that could be as far-reaching as the 1984 Sony Betamax case for consumers, manufacturers and managers of devices and systems for recording, and copyright holders. In a broader sense, the case also is a reaffirmation for those seeking to innovate in remote computing functions and networked services.   And, finally, this case stands the chance of throwing moviemakers and other content providers into the briar patch once again, despite themselves.  Before the Sony decision, the industry thought the sky would fall if home recording were legitimated.  Instead, a $ multi-billion industry formed.  Will it happen again?

Not This Time: Obama's Fundraising is Crucial But Not Determinative

July 29, 2008

Analysis of:Obama Raises $52 Million in June, Keeping Campaign on Pace to Its Goal | www.nytimes.com

1)  Obama will continue to raise money at a record pace. 2)  But the Republicans, among public financing, the Republican National Committee, and independent organizations running their own ads, will at least match what Obama puts together financially. 3)  Therefore, Obama's fundraising is a necessary, but not sufficient, condition for winning the election in November.

Online Advertising: Its Future -- and Potential -- are at Stake

April 15, 2008

Analysis of:Microsoft Proposes Tiered Privacy in Online Advertising | www.nytimes.com

For any company advertising online, what happens in the FTC effort to stimulate more aggressive self-regulation is critical.  The increased use of data collected online is leading to cutting-edge targeting of advertising that should increase sales while being more satisfying to consumers because it will be keyed to both their immediate and longer term interests.  But that innovation invokes privacy concerns about data collection and uses that, if not reconciled, will slow or even stifle the evolution of advertising online.  Microsoft suggests one way to approach it.  There are others. The FTC is not the only body examining the relationship between online advertising and privacy.  New York and Connecticut both have bills before their legislatures, and Congress could easily follow suit.  How this increasingly contentious issue is resolved could determine whether the Internet will be a source of dramatic dvances in advertising or just more of the same.

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