Author Archive

Tom Lenard on five Q’s on tech

Tuesday, September 28th, 2010

Last week, Rob Haralson did a quick interview with TPI’s Tom Lenard for his site five Q’s on tech.

Tom discusses why he thinks policymakers looking at privacy issues are going about it all wrong, network neutrality, and upcoming TPI projects.

Video is here:

Five Q’s with Tom Lenard, Tech Policy Institute from FiveQsOnTech.com on Vimeo.

ADD and the FCC

Friday, June 25th, 2010

The deadline for comments regarding the Comcast/NBCU merger has come and gone, resulting in over 10,000 filings from a wide variety of groups.  From fears over loss of diversity to concerns over media localism, many commenters seem to see the process as a vehicle for their favorite causes rather than as a review of the effects of the merger itself.

In light of this, it seems like a good time to highlight the recent TPI paper by James Speta, “Screening and Simplifying the Competition Arguments in the NBC/Comcast Transaction.”  In the paper, he states that antitrust analysis of the proposed merger between Comcast and NBC Universal should focus only on its effect on competition in relevant markets and resulting harm to consumers.  Specifically, the analysis should ask:

  • Does the transaction actually make matters worse in a relevant way, in a relevant market?  For example, claims that cable companies behave badly by charging high prices to consumers are irrelevant unless the merger increases market power in a way that allows the cable companies to increase prices even more.  Similarly, claims that the broadcast market is not performing well are irrelevant because the transaction does not relevantly change the broadcasting market – it simply changes control of the stations.
  • Does the transaction injure competition in a manner that harms consumers?  Antitrust laws are designed to protect “competition not competitors.”  Thus, claims that the merger will harm certain competitors because a merged NBC-Comcast will be able to offer uniquely attractive products or services do not mean that the transaction injures competition in the manner that the antitrust law recognizes.

Hopefully, regulators will focus on the task at hand and not be distracted by irrelevant—even if well-meaning—comments filed in the proceeding.

Farewell to Limewire?

Thursday, May 20th, 2010

Last week, a federal court found Limewire guilty of intentionally inducing widespread copyright infringement.   Some reports claim the Limewire suit was a futile exercise if the goal is to stop the rampant copyright infringement that occurs on p2p networks. However, Limewire Group has found itself at the center of many dramas over the past few years and the possible shuttering of the company has been a long time coming.

 The history of Limewire is not pretty, involving inadvertent filesharing, identity theft, Congressional hearings, and even leaked national security secrets.    Filesharing first came to Congress’ attention in 2003 when two high-profile hearings were held on the subject.  Distributors of peer-to-peer filesharing software responded to the criticism heaped upon them by launching a trade association, P2P United, of which Limewire was a founding member.   The organization drafted a code of conduct, in part addressing inadvertent sharing, to which members promised to comply. 

In 2007, the USPTO issued a report calling out Limewire for continuing to include features in its program to induce users to inadvertently share files on their computers.  One could assume that this perpetuation of inadvertent sharing could be in order to make more popular –and probably copyrighted – media available to other users, thus making Limewire more appealing to users.  This report led to yet another Congressional hearing, reactions of shock from the head of Limewire, and promises to do more to correct the problematic features identified.  Again, Limewire proved itself to be untrustworthy, failed to fix the problematic features and, as a result, again was the source of more highly publicized instances of inadvertent sharing.  The outcome?  Another Congressional hearing in 2009 and the introduction of a bill to ban p2p software on government computers.

My list above is surely not exhaustive but it should give the reader a taste of how those at LimeWire Group have a solid track record of thumbing their nose at those who have the power to make life quite difficult for the company.  And, while this certainly isn’t the end for online filesharing, it could mark the end of one very bad actor in the p2p sphere.  Maybe the recent court ruling will give those who distribute p2p software pause regarding how their operations are run.

(For a more thorough analysis of Limewire and how it actively perpetuated inadvertent filesharing, see “Inadvertent File-Sharing Re-Invented: The Dangerous Design of LimeWire 5,” authored by my former coworker, and co-author of the above mentioned USPTO report, Tom Sydnor.  Tom’s testimony at one of the Congressional hearings is also worth a read.)

Welcome to the TPI Blog

Tuesday, May 4th, 2010

With Technology Policy Institute now in its 3rd year and growing in both size and scope, the time seems right to launch a platform where our scholars can opine on issues affecting the greater global digital economy.  

We will strive to bring you pertinent reaction to and thoughtful commentary on the latest events in technology policy.  We hope the TPI blog becomes a welcome addition to your RSS feed reader or morning reading list.