Public Knowledge In the Know -- a bimonthly Public Knowledge update March 17, 2006 Contents: * Net Neutrality Legislation Creeps Along * Documentary Filmmakers and PK Support Orphan Works Certainty **************************************************** In the Know -- a bimonthly Public Knowledge update **************************************************** March 17, 2006 Contents: * Net Neutrality Legislation Creeps Along * Documentary Filmmakers and PK Support Orphan Works Certainty This issue is also available as a podcast here: http://www.publicknowledge.org/node/162 ==================================== Net Neutrality Legislation in Flux ==================================== Could Bill Gates himself persuade House Commerce Committee Chairman Joe Barton (R-Tex.) to adopt strong net neutrality principles? In accepting an award as a "Digital Patriot" from the Consumer Electronics Association (CEA) March 15, Barton referred to the Net Neutrality issue by saying that he and Gates, another honoree, had a "spirited discussion" over dinner about Net Neutrality. We don't know the details, but we do know Microsoft is backing Net Neutrality. So far, Barton and his staff have included Net Neutrality language in draft bills but weakened it with significant exceptions. The latest buzz is that a draft bill could be released the week of March 20, followed by a hearing the next week. The House Telecom Subcommittee, under an ambitious schedule, may try to approve the bill that same week of March 27. At this point, no one actually knows what will be in a draft bill, or when we might see one. The situation remains very fluid. We do know that whatever is released will be the product of negotiations among the senior Chairman and senior Democrat of the full Energy and Commerce Committee and the Chairman and senior Democrat of the Telecom Subcommittee, plus Rep. Chip Pickering (R-Miss.). We have heard that some Net Neutrality language may be in the draft. The early word is that will codify the principles the FCC set out last September when the Commission deregulated telephone broadband services. Those principles called for giving consumers access to Internet content and applications, but did nothing to curb broadband network owners from favoring their own content and services Pickering told the CEA conference that the negotiators are having problems defining Net Neutrality, but they would like to make it clear the FCC has the authority to deal with the issue. Attaching Net Neutrality conditions to the AT&T-BellSouth merger could be a first step, Pickering said. Pickering said that the legislation likely will deal with video franchising, Network Neutrality and network interconnection. Gigi was on a panel at the CEA conference debating Net Neutrality and content controls. She, CEA President Gary Shapiro, Leslie Harris of the Center for Democracy and Technology and Fred von Lohmann from the Electronic Frontier Foundation carried the banner for innovation and consumers against Dan Glickman, the president of the Motion Picture Association of America (MPAA) and David Israelite from the National Music Publishers Association. On a separate panel, Preston Padden from the Walt Disney Co. and entrepreneur Mark Cuban said they opposed Net Neutrality legislation. Other Net Neutrality Developments There continues to be lots of discussion of the topic in the news. The New Yorker, Newsweek, the Christian Science Monitor and other publications have recently run pieces favorable to a Net Neutrality policy. There have been some unfavorable ones also. You can check out the range of articles on the Breaking News section of our Web site. While we're waiting for actual legislation, there were some other developments. The Telecommunications Industry Association (TIA), which represents the makers of telephones and switching equipment, issued its own "Broadband Internet Connectivity Principles." There is much in the TIA principles with which we agree. Consumers should have meaningful information about their service plans and should be able to run applications of their choice, just to name two. However, TIA says nothing about the possibility of a service provider discriminating in its provision of service -- something PK opposes. Instead, the TIA principles appear to allow for special deals, which they call "commercially negotiated agreements with unaffiliated parties." Cisco Chairman John Chambers sent a letter to the Hill last week saying he didn't think Net Neutrality legislation was needed. In the meantime, a letter signed by 64 companies and groups, including PK, Microsoft, Amazon, Google and Yahoo was sent to Barton and other members of the House Commerce Committee. A similar letter was also sent to leading Senators. The March 1 letter said that "unless Congress acts, the Internet is at risk of losing the openness that has made it an engine for phenomenal social and economic growth." You can read the letter from 64 companies here: http://static.publicknowledge.org/pdf/nn-letter-20060301.pdf The FCC's non-binding principles are here: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-151A1.doc Our full NN report is here: http://www.publicknowledge.org/content/papers/pk-net-neutrality-whitep-20060206 Breaking News, with clips on NN and other features, is here: http://www.publicknowledge.org/news/breaking ============================================================== Documentary Filmmakers and PK Support Orphan Works Certainty ============================================================== PK joined with eight filmmaker groups to endorse changes in orphan works legislation proposed by the Copyright Office. In a written statement submitted to the House Subcommittee on Courts, the Internet and Intellectual Property, we said that there are substantial risks to small filmmakers who would like to use an orphan work -- one whose creator can't be found -- but wouldn't have the resources to pay the full amount of damages permitted by copyright law should the creator some forward later. The Copyright Office recommended a "reasonable compensation" standard of payment for copyright holders whose work was thought to be orphaned. However, that standard is still fraught with uncertainties for artists who want to use the work, and there would still be the threat of continued litigation over what's "reasonable." We suggested a statutory cap on damages that could be imposed should the owner of an orphan work appear and that commercial artists have the same protections as non-commercial institutions have in being allowed the opportunity to take down or remove a disputed work if the copyright holder objects to its use. The testimony was filed by the Association of Independent Video and Filmmakers, Doculink, Film Arts Foundation, FIND (Film Independent), the International Documentary Association, Independent Film Project, National Alliance for Media Arts and Culture and National Video Resources. The testimony was prepared by U. of Southern California Law Professor Jennifer Urban and her students. You can read the testimony here: http://static.publicknowledge.org/pdf/ow-statement-20060315.pdf ------------------------------------------------------------- Please support PK: Last year was a great year for you and PK. We won our broadcast flag case. We testified before Congress on crucial issues like the broadcast flag and fair use and continue to develop excellent relationships with Capitol Hill. This year, the flag, digital radio content controls, and closing the analog hole will be front and center on the content industry's agenda -- and on ours. We're right in the middle of the next big issue -- the telecom legislation that will start moving early this year. You can become a member here: http://www.publicknowledge.org/membership. Or simply donate: http://www.publicknowledge.org/donate. In either case, we thank you for your support. ------------------------------------------------------------- Briefly: Congress has almost completed action on legislation (HR 683) that extends the trademark protection far beyond its original concept. The House passed the bill last year, the Senate passed an amended version March 8, and now the differences need to be worked out. As it stands now, a company would have to prove that the use of a trademark by someone other than the holder somehow dilutes the value of the original. As mentioned in our podcast in late February, this has the potential to impact those of us who post weblogs or photos to the web -- at least those that mention or display a mark without specifically commenting on it. Ex: If you take a pic with your camera phone while at McDonalds and upload it to flickr.com -- and you just happen to capture the golden arches in the background, under this bill, McDonalds could have a cause of action against you. There still may be time, as the bill goes to the House to receive final passage before it goes to the President. If you are an artist, blogger, or anyone else who cares, contact PK and your legislator now to tell them how you could be harmed. The fashion industry is starting a campaign to get their design protected by copyright -- something that has never happened before. The Council of Fashion Designers of America wants what Slate magazine called "copyright-like protections" for designs. Not all designers agree, noting that designers have traditionally incorporated the work of others into new clothes. See Gigi's take on this growing controversy in the PK policy blog. Robert McDowell, former general counsel at the Competitive Telecommunications Assn. appears headed for the FCC. The Senate Commerce Committee approved his nomination on March 16. Also, congratulations to former FCC Commissioner Gloria Tristani, who becomes the president of the Benton Foundation on April 5. Public Knowledge keeps you up to date with RSS. We have a number of different feeds to add to your favorite news aggregator: Policy Blog: http://www.publicknowledge.org/blogs/policy/feed Breaking News: http://www.publicknowledge.org/news/breaking/feed.rdf Open Access: http://www.earlham.edu/~peters/fos/atom.xml Press Releases: http://www.publicknowledge.org/pressroom/releases/rssBody Events: http://www.publicknowledge.org/news/events/rssBody To find out more about RSS and other feeds we offer, follow the link below: http://www.publicknowledge.org/about/feeds 2006-03-16 2006-03-16 No No No ourmedia video acurtis@publicknowledge.org 2006-03-17 14:12:31 PKitK_Podcast_013_20060317_enhanced