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
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
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
An FCC ban on arbitration of privacy claims would be the anti-consumer-protection approach
Over the weekend, Senator Al Franken and FCC Commissioner Mignon Clyburn issued an impassioned statement calling for the FCC to thwart the use of mandatory arbitration clauses in ISPs’ consumer service agreements — starting with a ban on mandatory arbitration of privacy claims in the Chairman’s proposed privacy rules. Unfortunately, their call to arms rests ... An FCC ban on arbitration of privacy claims would be the anti-consumer-protection approach
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
A Set-top Box Set-Back and an Opportunity for Good Government
There must have been a great gnashing of teeth in Chairman Wheeler’s office this morning as the FCC announced that it was pulling the Chairman’s latest modifications to the set-top box proposal from its voting agenda. This is surely but a bump in the road for the Chairman; he will undoubtedly press ever onward in ... A Set-top Box Set-Back and an Opportunity for Good Government
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
A Flag On the Play: Gigi Sohn Commits a Copyright Foul
As Commissioner Wheeler moves forward with his revised set-top box proposal, and on the eve of tomorrow’s senate FCC oversight hearing, we would do well to reflect on some insightful testimony regarding another of the Commission’s rulemakings from ten years ago: We are living in a digital gold age and consumers… are the beneficiaries. Consumers ... A Flag On the Play: Gigi Sohn Commits a Copyright Foul
Chairman Wheeler’s new set-top box proposal: from unmitigated disaster to plain old disaster
Imagine if you will… that a federal regulatory agency were to decide that the iPhone ecosystem was too constraining and too expensive; that consumers — who had otherwise voted for iPhones with their dollars — were being harmed by the fact that the platform was not “open” enough. Such an agency might resolve (on the ... Chairman Wheeler’s new set-top box proposal: from unmitigated disaster to plain old disaster
Everything is amazing — and no one at the European Commission is happy
Since the European Commission (EC) announced its first inquiry into Google’s business practices in 2010, the company has been the subject of lengthy investigations by courts and competition agencies around the globe. Regulatory authorities in the United States, France, the United Kingdom, Canada, Brazil, and South Korea have all opened and rejected similar antitrust claims. ... Everything is amazing — and no one at the European Commission is happy
The FCC’s proposed broadband privacy rules are still devoid of sufficient evidence or analysis
Yesterday, the International Center for Law & Economics filed reply comments in the docket of the FCC’s Broadband Privacy NPRM. ICLE was joined in its comments by the following scholars of law & economics: Babette E. Boliek, Associate Professor of Law, Pepperdine School of Law Adam Candeub, Professor of Law, Michigan State University College of ... The FCC’s proposed broadband privacy rules are still devoid of sufficient evidence or analysis
