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TOTM welcomes guest blogger (and newest ICLE Senior Scholar) Nicolas Petit

TOTM is pleased to welcome guest blogger Nicolas Petit, Professor of Law & Economics at the University of Liege, Belgium. Nicolas has also recently been named a (non-resident) Senior Scholar at ICLE (joining Joshua Wright, Joanna Shepherd, and Julian Morris). Nicolas is also (as of March 2017) a Research Professor at the University of South ... TOTM welcomes guest blogger (and newest ICLE Senior Scholar) Nicolas Petit

Fair use’s fatal conceit

My colleague, Neil Turkewitz, begins his fine post for Fair Use Week (read: crashing Fair Use Week) by noting that Many of the organizations celebrating fair use would have you believe, because it suits their analysis, that copyright protection and the public interest are diametrically opposed. This is merely a rhetorical device, and is a ... Fair use’s fatal conceit

The song remains the same: Exceptionalists against the application of the law

In a recent article for the San Francisco Daily Journal I examine Google v. Equustek: a case currently before the Canadian Supreme Court involving the scope of jurisdiction of Canadian courts to enjoin conduct on the internet. In the piece I argue that a globally interconnected system of free enterprise must operationalize the rule of law through continuous ... The song remains the same: Exceptionalists against the application of the law

Commissioner Ohlhausen’s Qualcomm Dissent Points the Way Toward Sound Antitrust Enforcement

The Federal Trade Commission’s (FTC) regrettable January 17 filing of a federal court injunctive action against Qualcomm, in the waning days of the Obama Administration, is a blow to its institutional integrity and well-earned reputation as a top notch competition agency. Stripping away the semantic gloss, the heart of the FTC’s complaint is that Qualcomm ... Commissioner Ohlhausen’s Qualcomm Dissent Points the Way Toward Sound Antitrust Enforcement

Public Knowledge’s Lonely Echo Chamber of Copyright Advocacy

Yesterday the Chairman and Ranking Member of the House Judiciary Committee issued the first set of policy proposals following their long-running copyright review process. These proposals were principally aimed at ensuring that the IT demands of the Copyright Office were properly met so that it could perform its assigned functions, and to provide adequate authority ... Public Knowledge’s Lonely Echo Chamber of Copyright Advocacy

When Past Is Not Prologue: The Weakness of the Economic Evidence Against Health Insurance Mergers

I just posted a new ICLE white paper, co-authored with former ICLE Associate Director, Ben Sperry: When Past Is Not Prologue: The Weakness of the Economic Evidence Against Health Insurance Mergers. Yesterday the hearing in the DOJ’s challenge to stop the Aetna-Humana merger got underway, and last week phase 1 of the Cigna-Anthem merger trial ... When Past Is Not Prologue: The Weakness of the Economic Evidence Against Health Insurance Mergers

December 6 Heritage Foundation Program on IP Rights, Competition, and Due Process Overseas: Attend or Watch

In recent years, aggressive antitrust enforcement overseas has increasingly targeted some of America’s most successful and innovative companies, such as Apple, Google, Microsoft, and Qualcomm.  Inadequate foreign due process and insufficient protection for American intellectual property rights are a feature of many foreign antitrust actions, which threaten to undermine key American producers – harming U.S. ... December 6 Heritage Foundation Program on IP Rights, Competition, and Due Process Overseas: Attend or Watch

The Internet Association’s vision for the future looks a lot like the past

Last week, the Internet Association (“IA”) — a trade group representing some of America’s most dynamic and fastest growing tech companies, including the likes of Google, Facebook, Amazon, and eBay — presented the incoming Trump Administration with a ten page policy paper entitled “Policy Roadmap for New Administration, Congress.” The document’s content is not surprising, ... The Internet Association’s vision for the future looks a lot like the past

Truth on the Market welcomes our newest blogger, Neil Turkewitz

Truth on the Market is delighted to welcome our newest blogger, Neil Turkewitz. Neil is the newly minted Senior Policy Counsel at the International Center for Law & Economics (so we welcome him to ICLE, as well!). Prior to joining ICLE, Neil spent 30 years at the Recording Industry Association of America (RIAA), most recently ... Truth on the Market welcomes our newest blogger, Neil Turkewitz

FCC Chairman Wheeler’s claimed fealty to FTC privacy standards is belied by the rules he actually proposes

Next week the FCC is slated to vote on the second iteration of Chairman Wheeler’s proposed broadband privacy rules. Of course, as has become all too common, none of us outside the Commission has actually seen the proposal. But earlier this month Chairman Wheeler released a Fact Sheet that suggests some of the ways it ... FCC Chairman Wheeler’s claimed fealty to FTC privacy standards is belied by the rules he actually proposes

MVPDs “Unlock” the Box (again), but the FCC Doesn’t Seem to Care

The FCC’s blind, headlong drive to “unlock” the set-top box market is disconnected from both legal and market realities. Legally speaking, and as we’ve noted on this blog many times over the past few months (see here, here and here), the set-top box proposal is nothing short of an assault on contracts, property rights, and ... MVPDs “Unlock” the Box (again), but the FCC Doesn’t Seem to Care

A critical assessment of the latest charge of Google’s anticompetitive bias from Yelp and Tim Wu

Today ICLE released a white paper entitled, A critical assessment of the latest charge of Google’s anticompetitive bias from Yelp and Tim Wu. The paper is a comprehensive response to a study by Michael Luca, Timothy Wu, Sebastian Couvidat, Daniel Frank, & William Seltzer, entitled, Is Google degrading search? Consumer harm from Universal Search. The Wu, et al. ... A critical assessment of the latest charge of Google’s anticompetitive bias from Yelp and Tim Wu