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[ | 5 Apr 2011 | 2 Comments | ]
Understanding Verizon v. FCC

The DC Circuit yesterday dismissed the appeals of the FCC Net Neutrality order filed by Verizon and MetroPCS on the grounds that they were filed prematurely – no appeal can be taken until the order is published in the Federal Register, an event that has not yet occurred.
It would be a mistake to regard this as a defeat for the companies. Their decision to file an appeal at this point was a precautionary move taken because of the complex procedural tangle that surrounds issues of finality and appealability.  [For the …

Digital Economy »

[ | 4 Apr 2011 | Comments Off on Medical Innovation: How Not To | ]
Medical Innovation: How Not To

[O]nly the whinging culture of the liberal state could take one of the greatest opportunities ever presented to humanity – the astonishing progress in medicine and biology – and convert it into a cause for complaint and despair while at the same time taking one of the best-known issues in institution building — the over-use of a commons — and see it as an intractable problem beyond society’s capacity to address.

CurrentHeader, net neutrality »

[ | 30 Mar 2011 | 2 Comments | ]
The Future History of Net Neutrality

While working on a non-DigSoc project, I ran across this statement from the Association of American Railroads:
The U.S. rail model is of “vertical integration,” in which a railroad generally both owns the track and operates trains over that track. The efficient U.S. model has resulted in huge productivity gains, sharply lower average rail rates, and massive reinvestment by railroads back into their systems.
• In fact, from 1980 through 2009, U.S. freight railroads reinvested more than $460 billion — more than 40 cents out of every revenue dollar — back into …

Politics »

[ | 21 Mar 2011 | Comments Off on More on Regulatory Analysis | ]
More on Regulatory Analysis

The FCC & Regulatory Analysis (March 1) reviewed the 45-year history of Executive Office regulatory analysis requirements and their nonapplicability to the FCC.
Today, at the AEI’s Enterprise Blog, I explain why Regulatory Agencies Cannot Be Controlled by Requirements of Interior Rationality, and suggest that 45 years of issuing the same basic Executive Order over and over is enough.
The real problem is the basic governmental reality that agencies are created primarily to serve the interests of particular constituencies, and exist for the purpose of helping the favored group obtain benefits by …

Intellectual Property »

[ | 18 Mar 2011 | One Comment | ]
Netflix and Original Content

My Wednesday post on Jason Kilar and Hulu touched on the possibility that Kilar sees Hulu as a potential prime distributor, dealing directly with content creators instead of getting only content originally distributed by others.
It turns out that Netflix is thinking along the same lines — see Netflix’s Risky Bet on Original Programming, at GigaOm: “Netflix is reportedly in talks to score its first original programming, bidding against cable networks like HBO for the rights to a new project called House of Cards that would star Kevin Spacey and …

CurrentHeader, Intellectual Property »

[ | 16 Mar 2011 | 2 Comments | ]
And the Truth Will Make You Free

Perhaps even free of your employment.
When Hulu CEO Jason Kilar blogged his “thoughts about the future of TV” on the Hulu website, the reaction was strong:  “Is Jason Kilar Trying to Get Fired?” headlined a piece the next day on the WSJ’s All Things Digital site, noting that “some . . . believe Kilar wrote it so that his bosses–executives at News Corp.’s Fox, Disney’s ABC, and Comcast’s NBCU–will give him the hook.”
They same “some” also thought the piece “smart and well-written,” as indeed it is, so there seems to …

Internet »

[ | 11 Mar 2011 | 2 Comments | ]
Drilling into the FCC Open Internet Order

An old adage of marketing is that people do not buy drills – they buy holes. Cliché it may be, but the statement embodies real wisdom, in that businesses that focus on value as the customer sees it are more likely to prosper than those that do not.
The cliché leads to other thoughts, such as:
It is good to sell something that creates multiple kinds of value, and especially one that appeals to a wide variety of customers who want different things from it. (My electric drill also sands, buffs, grinds, …

Digital Economy »

[ | 8 Mar 2011 | Comments Off on Innovation | ]

ITIF is putting on a forum tomorrow on The Obama Administration’s Innovation Policy. The cast is, as Hollywood would say, star-studded,  with Austan Goolsbee (CEO Chair), Phil Weiser (NEC Senior Advisor), & Aneesh Chopra (US CTO), to list only Federal government people, plus reps of state governments and several high tech companies.
The background document is the Administration’s Strategy for American Innovation, a Feb. 04, 2011, update of the Fall 2010 release, and the focus will be on: “key elements of the Administration’s strategy: 1) Investing in the Building …

Intellectual Property »

[ | 7 Mar 2011 | Comments Off on Community Disorganization | ]
Community Disorganization

Following the announcement of the sale of the Huffington Post to AOL for $315 million, all of which will, apparently, be kept by a few founders, some of its writers are organizing a strike to protest the level of their wages, which is zero.
The leader wrote that “it is unethical to expect trained and qualified professionals to contribute quality content for nothing,” and proposed a system of collective bargaining over pay. The writers also want a clearer demarcation between “paid promotional content and writers’ work.”
“Unethical” is an odd characterization, when …

CurrentHeader, Internet »

[ | 1 Mar 2011 | 5 Comments | ]
The FCC & Regulatory Analysis

A recent House Energy & Commerce hearing on Network Neutrality and Internet Regulation: Warranted or More Economic Harm Than Good took up the quality of the FCC’s “market analysis,” and the question whether the agency had performed any such analysis at all. The FCC Chairman insisted that the work had been done and that it is “contained in the Order.” Others, such as McDowell, contravened this, insisting that no analysis existed. Some committee members wanted to know whether the analysis performed met the standards set forth by the OMB Office …