It’s been a busy day in the world of tech law news:
- FCC to investigate “gating” role of middle-mile access lines (Ars)
- This might seem like a snoozer, but since companies pass their costs on to customers, I can’t see this oligopoly standing. Then again…
- EU taunts US: Net neutrality’s better here (Ars)
- Competition through regulation–what a novel idea.
- Telephone Company Is Arm of Government, Feds Admit in Spy Suit (Wired)
- “The communications between the agencies and telecommunications companies regarding the immunity provisions of the proposed legislation have been regarded as intra-agency because the government and the companies have a common interest in the defense of the pending litigation and the communications regarding the immunity provisions concerned that common interest.â€
…good ruling against this shaky rationale by the District Court judge.
- A Library to Last Forever (NY Times Op Ed)
- I can see both sides of this issue. Either way, I hope that we find a satisfactory way to rescue orphaned works from the black hold of being out of print.
Perhaps these would have been better Twittered or Quick Pressed.
AutoCAD resale ruling a messy win for first-sale doctrine – Ars Technica
An interesting decision in the 9th Circuit cuts right to the heart of a crucial IP issue–whether software can be owned (under a transfer of ownership), or just (merely) licensed.
The outcome of this ruling, I think, makes common sense. I would argue that people typically think, when they buy something from a company, they own that thing they bought. This line of thought would explain the outrage over Amazon’s 1984 shenanigans. The “secondary market” issue is significant, but I think winning consumers the freedom to do whatever they see fit with purchased digital goods is more important–and that requires a transfer of ownership.
More transparency coming to blog reviews under new FTC rules – Ars Technica
In another application of media law on the larger public, the FTC has asked bloggers to disclose when they are being compensated or get a “freebie” when doing product reviews. This makes perfect sense, especially given that the FTC has agreed to only investigate the most egregious cases. Still, confusion over the law may quell some speech–perhaps it’s a good thing that already I announced that “I ♥ my Mac” on Facebook a few weeks ago.
Anarchist arrested after tweeting out the fuzz to protesters – Ars Technica
The FBI arrests a man for Tweeting police locations during the G20 summit, and goes on to search his home.
I’m not aware of the case/legislation history on possession of police scanners, or regarding what information can be retransmitted, but is a troubling turn of events. Journalists, for one, are quite reliant on scanners to quickly get on location as stories unfold. Other than time and intent, it’s difficult to parse their actions from those of the tweeting protester. In First Amendment terms, going down the road of intent has been traditionally viewed as a slippery slope.
The author of this article closes by remarking that “Maybe it’s time for protest organizers to start moving back to lower-tech, less trackable methods of communication.” I would instead argue that actions such as these need to be challenged.
