Tech at Night

So Republicans checked up on the Broadband Stimulus, yet another pork barrel spending project by the President, Nancy Pelosi, and Harry Reid: Surprise! It was a wasteful failure, like the rest of the jobless stimulus.

IP reform: I’m not optimistic of copyright reform soon, though it is a populist thing the TEA party could do against Hollywood and the joint efforts of big government and big business. But implementing loser pays against only patent trolls would be nice. But don’t forget that trademarks are completely out of hand, too.

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Tech at Night

Special Tuesday edition! Having been very busy hitting a launch window for a client, I had to skip Friday and Monday. So to make up for it, this week I start on Tuesday.

Riddle me this: FCC refuses to be transparent about its dealings with LightSquared (who by the way just changed CEOs, as the firm continues to flail desperately in response to the FCC’s LTE refusal), but FCC wants broadcasters to put files online. I’m with Richard Burr: Let’s look closer at that plan before we let FCC go ahead with it.

And speaking of the un-transparent FCC, Democrats are trying to talk down Chuck Grassley over his insistence on transparency, but have no fear: the House is now on the case.

The insistence by both the FCC and by LightSquared that no information be turned over to Chuck Grassley is itself suspicious. More investigation is essential.

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Tech at Night

Sometimes, the anarchists lose. Even in leftist Sweden, The Pirate Bay’s founders lost their last appeal. It’s guys like these, who deliberately put up a system for infringing on US copyrights while playing word games to justify it, that motivated SOPA and that drive the desire for a treaty like ACTA.

Google considers its privacy changes a public policy issue as the firm is getting plenty of criticism. This suggests to me they believe the critics won’t actually stop using Google services like Gmail, but will rather try for government regulation.

Considering Google is implementing a censorship plan much like that Twitter recently announced, and yet you don’t really see the same angry protestors saying they’ll quit using Google services in protest, that did a “Twitter blackout,” I think Google’s right that nobody will quit them over any of this. Hey, people: If you don’t like Google, use somebody else. It’s not that hard.

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Tech at Night

There’s a lot of fear going around about ACTA, the Anti-Counterfeiting Trade Agreement, a plurilateral agreement under the WTO between the US, the EU, Canada, Australia, New Zealand, Singapore, Japan, South Korea, and Morocco. Some of the fears look real, some don’t. For example, even though it was negotiated in secret, the text is easily available.

Another false complaint is that it’s another SOPA, when in fact such a claim misses the point. SOPA was a bad bill, as it turned out to be a censorship bill that defied due process, but the intent was to fight the problem of free riding on copyright and trademark. Crossing international boundaries has been a cheap and easy way to cash in on another country’s copyright and trademark laws without having to abide by them. SOPA tried to fix that in a crude, rude, and ineffective way. ACTA has more options, and doesn’t have to resort to censorship, necessarily.

I’ve just read the treaty. I don’t really see a problem. Even if infringement isn’t ruining the movies and music, trademark and copyright are Constitutional concepts worthy of protection. That’s why some of the anti-SOPA leaders are promoting their own bill.

The pro-liberty position is not one of anarchy. It’s time to get reasonable protections in place. Maybe I missed something, and ACTA is a problem. But the best argument I see against ACTA is that it only includes a few countries, and not those best known for infringement (such as China, either China in fact). ACTA may yet be harmless but ineffective, as opposed to SOPA being harmful and ineffective.

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We must defeat SOPA: Tech at Night Special

On December 15, 2011, in General, by Neil Stevens
Tech at Night

Ordinarily I use Tech at Night to cover a variety of topics that come my way, and I have them in my queue for tonight. But with over 30 items to consider and integrate, most of them on SOPA, I’m shelving the rest for Friday, and discussing just one topic tonight: We must defeat SOPA in the House. It is entirely unacceptable, and I believe worthy of primary challenges, for any Republican to back this bill. I’m going to make a list, and I’m going to make noise about this. I hope you do, too.

SOPA is the Stopping Online Piracy Act, the House’s counterpart to the Senate PROTECT IP act. SOPA contains a grab bag of provisions intended to stop copyright, trademark, and patent infringements abroad, but Title I of the bill is intolerable, fails to achieve its goals, and creates a massive power grab online for this man by applying unaccountable censorship and regulation to Americans on the Internet.

That’s right. Eric Holder has been dreaming of censoring the Internet since 1999, and House Republicans are thinking of giving him that power. At the time, the crisis that was the excuse for this censorship attempt was the murder plot at Columbine High School in Colorado. Now the excuse is that kiddies online are downloading Scary Movie 3, and buying fake hand bags. Give me a break.

Copyrights, trademarks, and patents matter. If we have a way to protect them from foreign attacks without overstepping our bounds, we should consider doing it. SOPA is not that way to do it. Watch any Republican who dares vote for this garbage, voting to put Hollywood over us, to give Eric Holder the power to bend over backward for Barack Obama’s Hollywood donors over the interests of everyone with a job created thanks to the Internet.

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Tech at Night

No really, Governor Haslam, you do not want to bring California taxation to Tennessee. Have you seen our unemployment? That’s why we just might defeat it at referendum.

PETA people are hijacking phones, sending malicious messages without consent, and running up text message bills. People need to be careful about what they install, but this sort of thing needs to send people to jail, as well. We don’t need more laws and regulations, we need more enforcement against the bad guys.

How badly do we not need more laws and regulations? Even the Progressive Policy Institute’s Michael Mandel thinks so, calling on the President to lead in the direction of less regulation and pro-growth change.

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Tech at Night

Friday, Friday, Friday. Black Friday? Net Neutrality rules have become one step closer to official as the FCC finally delivered something to the OMB after months of stalling. Verizon, MetroPCS, Virginia AG Ken Cuccinelli, and others ended up unable sue to throw out the illegal power grab until it’s published, so the longer the FCC waited, the longer everyone else had to wait to begin to defeat rules that will harm innovation, investment, and jobs, say Fred Upton and Greg Walden.

It’ll be 90 more days at least before the rules hit the Federal Register and the rush to the courthouse begins.

Meanwhile the FCC’s bad run in the courts continues as it lost another case. Of course, this was actually a Bush-era rule, being thrown out on a technicality. But the Obama FCC continued its defense, and lost.

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Tech at Night

I went ahead and took Martin Luther King day off, so it’s a double dose of stories to cover tonight. Though first, in case you missed it, make sure to see my post today on Marsha Blackburn‘s call to action against stifling, destabilizing Internet and technology regulation.

Other than that, the big story this week so far has been the FCC finally approving the NBC Universal/Comcast merger. I don’t even know why the center-left is even supposed to be worried about that merger at this point. After all, they passed Net Neutrality, right? Anyway, it’s a real shame that this approval has only come with a number of special set asides for left-wing causes, but as I’ve said before, I’m guessing the shareholders will take what they can get after all of this delay.

Of course, the neo-Marxists are sobbing hysterically about this development. Let’s all pause, lower our heads, and take a moment to laugh at Free Press’s Josh Silver.

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