Blog posts on infrastructure

Hollywood: Wanted Dead or Alive

by Larry Downes, posted on November 8, 2009 - 12:00pm

Two recent articles with competing views of the fate of Hollywood content producers caught my attention. The first, by CNET’s Greg Sandoval, reiterates long-standing predictions that for current industry giants the Internet spells doom. “[T]he end is coming,” Sandoval concludes, “for DVDs, traditional movie rentals and yes, much of your cable money…..”

The second, from New York Times reporter Bill Carter, reported surprising results from a recent change by ratings agency Nielsen. In determining whether consumers are watching commercials and, therefore, what “rating” to assign a broadcast program, Nielsen now includes DVR views within three days of airing if commercials aren’t skipped.

FCC's proposed neutrality rules: Nothing to see here, folks

by Larry Downes, posted on October 29, 2009 - 10:46am

My analysis of the FCC’s proposed neutrality rules appears this morning on CNET.

No surprise, I think the FCC’s plan is a bad idea, and I think, more to the point, that the FCC is the wrong organization to be “saving” the open Internet. Among other crimes, as the Electronic Frontier Foundation points out, the FCC is the same regulator who has ramped up the penalties and frequency of fines for “indecent” content over the airwaves.

The FCC is also the organization that has tried repeatedly to push through, at the behest of the media industries, the notorious “broadcast flag,” which would force electronics and software companies to limit the legal use of broadcast content.

For more, see http://news.cnet.com/8301-1035_3-10385865-94.html?tag=mncol

Substantive Tags: infrastructure

More Fallout and Falling Out Over Net Neutrality

by Larry Downes, posted on October 18, 2009 - 7:52pm

The fallout continues from FCC Chairman Julius Genachowski’s promise to initiate new rulemaking to implement Net Neutrality principles promised by candidate Obama during the campaign.

The bottom line: what proponents wish with all their hearts was a simple matter of mom and apple pie (“play fair, work hard, and get ahead” as Craiglist’s Craig Newmark explains it) is in fact a fight for leverage among powerful interests in the communications, software, and media industries. Net neutrality, if nothing else, is turning out to be a complex technical problem—technical in both the engineering and regulatory sense.

For the gory details, see:

http://larrydownes.com/net-neutrality-debate-the-mistake-that-keeps-on-g...

Substantive Tags: infrastructure

IBM Back in the Antitrust Crosshairs: Deja Vu Mixed with Vertigo

by Larry Downes, posted on October 9, 2009 - 3:34pm

Sources cited by The New York Times indicate the U.S. Justice Department has once again opened an antitrust investigation against IBM.

Remember IBM?

The new investigation concerns allegations that the company has refused to license mainframe software products to third parties. A refusal to license isn’t necessarily an illegal form of competition, but may be if coupled with other anticompetitive practices.

IBM has come under the gun from anticompetition regulators throughout its history.

Ironically, the case that it won did the most damage. In 1983, the government dropped an investigation that started in 1969. But by then IBM had already made significant and possibly life-altering modifications to its operations. See:

http://larrydownes.com/not-again-ibm-back-in-antitrust-crosshairs/

The End of the American Internet

by Larry Downes, posted on October 5, 2009 - 2:59pm

In 1998, all hell broke loose as the U.S. government considered how to govern the network it had created. That fight has now ended, with a whimper:

http://larrydownes.com/the-end-of-the-american-internet/

Substantive Tags: infrastructure

The Net Neutrality Walk of Shame

by Larry Downes, posted on September 28, 2009 - 4:59pm

It just gets worse...less than a week after the FCC Chairman calls for simple rules to enforce Net Neutrality, all the thieves have fallen out. Everyone thinks their view of the problem is simple and uncomplicated, and that those who understand it a different way are being intentionally confusing. No surprises here; this has been the modus operandi of the communications industry (whatever that means) and its regulators, lobbyists, and lawyers since 1974, when this fight really started. For the gory details, see http://larrydownes.com/the-net-neutrality-walk-of-shame/.

Substantive Tags: infrastructure

Zombieland - Net Neutrality rises from the grave

by Larry Downes, posted on September 21, 2009 - 5:19pm

Net neutrality is back. Rather than rehash my earlier arguments against it, I point out a few relevant differences between the legislation proposed last time around and the proposed rulemaking described in Chairman Genachowski's speech today:

http://larrydownes.com/the-return-of-net-neutrality/

Substantive Tags: infrastructure

Collaboration and the Law

by Larry Downes, posted on June 17, 2009 - 2:48pm

Inc. magazine has published Part Two of their early look at my upcoming book, "The Laws of Disruption." (See ”When Collaboration and the Law Collide” )

Petition To Improve PACER

by Ryan Calo, posted on June 17, 2009 - 12:05pm

A "small band of law librarians," including the wonderful staff here at Stanford, asks you to sign their petition to improve the online court docket system PACER. You can sign here. The petition's text appears in the full post.

Innovation and the Legal System

by Larry Downes, posted on May 15, 2009 - 2:19pm

I haven't posted much the last few months as I finished the manuscript for a new book, "The Laws of Disruption,” which appears in October. Inc. magazine has just published the first of a two-part advanced look at the book. (See ”The Next New--Potentially Illegal--Thing” ).