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About this weblog
Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development, and technological innovation that creates -- and will recreate -- the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.

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Copyfight

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August 7, 2004

FCC Out of Copyright

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Tim Wu says that copyright is the FCC's Vietnam, and that it "should be looking for a graceful exit strategy."

I couldn't have said it better myself (literally). Thank you, Tim.

Later: Ernie Miller takes issue with Wu's assertion that the FCC wants out of copyright: "The biggest flaw with Wu's argument...is that he doesn't explain why the FCC approved the broadcast flag in the first place less than a year ago. The broadcast flag ruling was, to borrow a court term, well-briefed on both sides. It isn't as if the FCC didn't realize what they were doing. Has anything changed in the last year to make the FCC regret their rash judgement?"

Comments (2) + TrackBacks (0) | Category: Laws and Regulations


COMMENTS

1. Alexander Wehr on August 8, 2004 1:29 AM writes...

I have to disagree.

The fcc's continued support of such disgustingly anticonsumer standards as the "plug and play" DFAST licnese terms requiring mandatory drm, excluding computers (particularly linux).

They don't seem to be at all concerned with the pilfering of consumer home recording rights or the acute breach of public fair use for the sake of a greedy hollywood oligopoly.

Yeah.. its their vietnam... theyre the NVA and we the consumer are the american's.

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2. Seth Finkelstein on August 8, 2004 11:40 PM writes...

I am not sure the following is true, but an argument could be made that many at the FCC see themselves sinking into a quagmire of political determinations which they would rather avoid.

Note it's obvious that the "profane" bit was intended as a face-saving way of reversing a decision that, while arguably legally quite correct (the usage wasn't "indecent", all in all), was extremely politically unpopular.

What's changed? They've been at the center of two public firestorms over decency (Jackson, Bono), and have the broadcast flag mess. They might be deciding that they really don't want to be the agency saddled with the task of "Determining Copyright In The Digital Age"

[Reposted from my comment over there, since it's also relevant here]

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