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Tech at Night: Illegal Amazon Taxes fail, DeMint modernizing cable, thorny copyright issues

Tech at Night

Monday night, as promised, we still have some catch up work to do. So let’s start with those Amazon Taxes, those Internet sales taxes of dubious Constitutionality. Colorado’s got tossed in federal court and Illinois’s didn’t raise any money. Obeying the Constitution counts, folks. Pass a true interstate compact through the Congress first.

Also as promised, there’s the matter of the Next Generation Television Marketplace Act. This is the one where ACU has come out against Jim DeMint, and that caught my attention. I have to side with the bill DeMint is sponsoring. I think ACU simply misunderstood what’s at stake here and had good intentions, but the excessive complexity of the regulations defeated them here.

The bill does not let cable providers become free riders, retransmitting others’ streams for free. It just stops the law from trying to dictate the parameters of the negotiations on retransmissions. I see no harm in that, and potentially much good.

Here we go again. Apparently we’re supposed to be unhappy with the CISPA information sharing bill by Mike Rogers and Dutch Ruppersberger because it potentially could be used against copyright infringement. And SOPA is invoked against that. SOPA wasn’t defeated because everyone hates copyright. It was a power grab. Take your anti-copyright anarchy battles home, Reddit kiddies. You and your Anontard buddies.

More cybersecurity still: We cannot and must not have DHS start regulating the Internet. Government can’t even secure itself yet and so has no standing to dictate to others. Information sharing in the private sector, without government gatekeepers, is far more useful for protecting our country’s Internet resources. Further, with the irrationality and secrecy of TSA and its regulations, how can we trust them at all?

Going back to SOPA, Comcast was apparently for it, which doesn’t surprise me. Comcast is an ISP particular vulnerable to Bittorrent users flooding the network with high volume copyright infringement dragging down service for everyone.

Is a problem with tech patents, including software patents, that the system isn’t scaling well? Size, not just speed?

Apparently all the fuss over FCC reform, using white spaces as an excuse to oppose all FCC reform out of the Congress, was resolved with white space use marching on. This could be interesting. We’ll have to watch and see how it works, or whether we just get a tragedy of the commons.

An interesting development in the Do Not Track saga: Radicals and businesses are interpreting them differently, but frankly, the interpretation of the radicals is stupid. There already is a way to not be tracked at all, and not just exclude third parties: Disable cookies, dummies. The radical agenda apparently to be promoted by the FTC is out of touch with the actual technologies involved.

Apparently the FTC folks don’t understand that if you don’t want tracked by, say, Amazon’s recommendations, then you simply shouldn’t log into Amazon all the time.

LightSquared may be on the verge of bankruptcy, but Chuck Grassley is still fighting tenaciously for FCC transparency with respect to LightSquared, and is going to maintain his holds on the new FCC appointees. Go Chuck Go!

Here’s a potentially huge deal in the tech/copyright nexus that I hadn’t heard about at all Google is under concerted attack by a number of copyright holders in a move that potentially risks undermining the whole DMCA safe harbor system. Google has taken many steps to curb copyright infringement on YouTube, but they’re being dogpiled upon anyway by firms going after those deep pockets. If being a rich and popular website that gets taken advantage of by copyright infringers is enough to knock down the Safe Harbor, then it seems to me that the entire Safe Harbor system of the DMCA is at risk. That’s not good, as that was a careful balancing of interests in that bill. We cannot let the scales get tilted one way.

If the Youtube case goes too far, new legislation may be needed, and that’s going to be a big old mess. Especially when the MPAA and RIAA interests will inevitably be comingled with legitimate international concerns of Chinese and other foreign firms ignoring US copyrights

COMMENTS

  • zachv

    n/t

  • sbm1

    I don’t understand the double standard. I can find plenty of copyright material on youtube. when my 6 year old daughter and her cousins are bored at a family function, and the ipad is all I have, a quick search of barbie movies on youtube and I have at least 20 full length movies to choose from, all in top quality (often flipped left to right) and none uploaded by anything related to Mattel….

    but megaupload, which is not housed on American soil gets taken down in a dawn raid?

    the simple fact is that most “internet” companies work because of the scaleability of it, which means that personnel costs are miniscule…you write the code once, and it replicates itself. This is the apparent advantage of it….this means that youtube claims it is an unjustifiable expense to expect them to check all the content that is hosted by them….well, it is not considered an undue burden for Barns & Noble ot check that they aren’t offering books in their store that are in infringement of copyright, or pornographic outside of the realms of what is legal for broad sale or the like.

    These are real expenses that are expected in the real world, and the internet world should not be free to claim impossibility simply because they have some code in place which might catch some of it.

    Strippers in a lot of places would make a lot more money if they could offer s** in the champagne room, with legitimate deniability by the club management…but simply putting up a “no groping” sign with no control or enforcement isn’t enough.

    If internet companies are building their business on scalability, they better allot some more capital for actual human control and enforcement procedures.

  • jaykali

    I think we will have to be vigilant for basically forever bc as long as the internet is laying golden eggs, the government will try to kill the goose and have it for dinner.

    I am in the internet business and I don’t want the gov’t meddling around with it. I feel like this is a fight we’ll eventually lose and the govt will just shrug their shoulders and wonder “what happened to the internet?- it used to do so well”, and move on to the next thing.

  • http://www.hakubi.us/ Neil Stevens

    Youtube has taken strong efforts to obey the DMCA, take down works, and even has put up sophisticated means of automatically detecting copyrighted works.

    That fat loser Kim Dotcom did diddly but make his scam dollars off of copyright infringers.

    So please, cry some more, Megaupload fans. Your tears nourish me.

  • sbm1

    As an American living abroad with no legal way to get first run TV shows (Itunes won’t sell the episodes abroad, hulu doesn’t work and my slingbox won’t record), I had been on megaupload a couple of times, and they were the one with the most removed links.

    I am not saying they should be cleared, but I am surprised how much youtube gets away with, especially in the childrens genre and music videos…..youtube would only be a marginal success if it were all home shot video of little freddy winning a karate contest.

    If people want to go after the deep pockets of google, fine…people do it with real world companies all the time. As long as courts are seen as a lottery, why should they be exempt? Major tort reform and 2×7 year copyright would take care of most of the problems.

  • http://www.hakubi.us/ Neil Stevens

    Uh HUH.

  • sbm1

    I can’t stand the John Edwards types…but they are a plague for all people operating in the real economy, why should the internet economy be any different. The same can be said for sales tax. the fact is that with a brick and mortar store you cannot sell to people in a sales tax jurisdiction from a non sales tax jurisdiction, unless they come into your store to do it. If I call pottery barn kids in oregon (no sales tax) and order a set of drapes for delivery to Washington state (with sales tax), the oregon store is charging me the sales tax. If I physically go to oregon, then no sales tax….same with new hampshire and MA.

    If it is the law of the land, and it is an unnecessary burden for those in the real economy, I don’t see why the itnernet people should be exempt.

    Youtube did gain popularity by being a place people can go find music videos…you could even make play lists and have your own version of MTV, just with only songs you liked (and no reality shows).

    In their unwillingness to pay for that content, which radio stations and video stations have to do, they are free riding. That is why no videos are available on youtube in germany, in fact not even home edited videos with musical content.

    If I open a bricks and mortar store I have to pay rent and insurance, and if I play music in the store I have to pay fees for that, and I am liable to unfounded lawsuits and the like.

    I don’t understand how the internet should always be a free for all.

    Get rid of the laws that let John edwards get rich with their junk lawyering….at the same time limit copyright to somehting legitimate, and not some 90 years, and let those in the physical world, as well as those in the virtual world all play by the same rules.

    and please stop inventing straw men.

  • http://www.hakubi.us/ Neil Stevens

    Your comment on deep pockets said it all.

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