Contributing Member of the Legal, Economic & Regulatory Affairs Councils

GLG News by this Author

Anti-Piracy Setback for Beleaguered Record Companies

October 3, 2008

Analysis of:Capitol Records v. Jammie Thomas | www.eff.org

A federal district court's ruling has taken away -- at least temporariily -- a key legal weapon in the fight against music piracy online. The court's decision will make it harder to stop file sharing on peer-to-peer networks -- a prime source of music piracy -- by demonstrating that it violates the Copyright Act. Besieged by, and in decline from, downloads by the 10s of millions from music placed online without compensation or permission, the Big Four record labels, and smaller independent labels, can ill afford to lose any tool for striking back against piracy.  The decision also has implications for other content providers, from film studios to software and videogames producers.

The Fight Between Big Copyright and Big Technological Innovators: The Latest Round Goes to the Innovators

August 6, 2008

Analysis of:A Ruling May Pave the Way for Broader Use of DVR | www.nytimes.com

A federal appeals court has cleared the way for cable and satellite companies to allow consumers to record and store programming remotely on the cable company's servers.  This will provide more storage and perhaps more functions than on a DVR, and bypass the need to even have one. The case stands a good chance of being appealed to the Supreme Court for a final ruling that could be as far-reaching as the 1984 Sony Betamax case for consumers, manufacturers and managers of devices and systems for recording, and copyright holders. In a broader sense, the case also is a reaffirmation for those seeking to innovate in remote computing functions and networked services.   And, finally, this case stands the chance of throwing moviemakers and other content providers into the briar patch once again, despite themselves.  Before the Sony decision, the industry thought the sky would fall if home recording were legitimated.  Instead, a $ multi-billion industry formed.  Will it happen again?

Not This Time: Obama's Fundraising is Crucial But Not Determinative

July 29, 2008

Analysis of:Obama Raises $52 Million in June, Keeping Campaign on Pace to Its Goal | www.nytimes.com

1)  Obama will continue to raise money at a record pace. 2)  But the Republicans, among public financing, the Republican National Committee, and independent organizations running their own ads, will at least match what Obama puts together financially. 3)  Therefore, Obama's fundraising is a necessary, but not sufficient, condition for winning the election in November.

Online Advertising: Its Future -- and Potential -- are at Stake

April 15, 2008

Analysis of:Microsoft Proposes Tiered Privacy in Online Advertising | www.nytimes.com

For any company advertising online, what happens in the FTC effort to stimulate more aggressive self-regulation is critical.  The increased use of data collected online is leading to cutting-edge targeting of advertising that should increase sales while being more satisfying to consumers because it will be keyed to both their immediate and longer term interests.  But that innovation invokes privacy concerns about data collection and uses that, if not reconciled, will slow or even stifle the evolution of advertising online.  Microsoft suggests one way to approach it.  There are others. The FTC is not the only body examining the relationship between online advertising and privacy.  New York and Connecticut both have bills before their legislatures, and Congress could easily follow suit.  How this increasingly contentious issue is resolved could determine whether the Internet will be a source of dramatic dvances in advertising or just more of the same.

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