Stay Tuned: Whether Cloud-Based Service Providers Can Have Their Copyrighted Cake and Eat It Too

Copyright owners have the exclusive right to perform their works publicly and the ability to license their work to others who want to share that right. Subsections 106(4) and (5) of the Copyright Act govern this exclusive public performance right, but neither subsection elaborates on what constitutes a performance made “to the public” versus one that remains private. This lack of clarity has made it difficult for courts to apply the Copyright Act consistently, especially in the face of changing technology. Companies like Aereo, Inc. and AereoKiller, Inc. developed novel ways to transmit content over the internet to be viewed instantly by their subscribers and declined to procure the licenses that would have been required if these transmissions were being made “to the public.” However, while these companies claimed that their activities were outside of the purview of § 106(4) and (5), their rivals, copyright owners, and the U.S. Supreme Court disagreed. Likening Aereo to a cable company for purposes of § 106(4) and (5), the Supreme Court determined that the company would need to pay for the material it streamed. Perhaps more problematic for Aereo (and other similar companies) is the fact that the Court declined to categorize Aereo as an actual cable company, such that it would qualify to pay compulsory licensing fees—the more affordable option given to cable companies under § 111—to copyright holders. This Comment shows that, while the Court correctly ruled that companies like Aereo and AereoKiller should pay for the content transmitted, its failure to address whether Aereo is a cable company could frustrate innovation to the detriment of the public. It suggests, therefore, that these companies should be required to pay for the content that they transmit in the same way that cable companies do until Congress develops another system

Digital switchover and the role of the new BBC services in digital television take-up

This paper discusses the process of digital switchover and assesses the role the BBC services have played in driving overall digital take-up and therefore bringing forward the likely date of analogue switch-off. The first part examines the advantages and drawbacks of digital switchover, and identifies a number of challenges and policy dilemmas of making switchover an achievable objective. Part two presents an overview of current developments of digital television in the UK and outlines various measures proposed for encouraging digital take-up. The third and final part deals with the contribution of the new BBC services to digital take-up, considers free terrestrial platform Freeview's likely effect on commercial rivals, and assesses the effectiveness of the proposed free satellite platform FreeSat to accelerate digital adoption. The paper concludes that the new digital BBC services have played a significant role in enhancing consumer interest in DTV services. Copyright © Sage Publications

Network Rules

Crawford compares the debate between the telcos and the online companies over broadband access regimes often called the network neutrality debate to the ongoing tussle between intellectual property maximalists and free culture advocates which are strikingly parallel sets of arguments. The maximalists claim that creativity comes from lone genuises (the romantic author) who must be given legal incentives to works but intellectual property scholars have carefully examined the incentives of their arguments and have pointed out that granting overly strong property rights to copyright holders might not be socially appropriate. Moreover, the network providers claim that they (the romantic builders) must be allowed by law to price-discriminate vis-a-vis content sources in order to be encouraged to build the network

Internet economics and policy: An Australian perspective

Publicly available information indicates that the demand and supply of Internet and Internet-related services are continuing to expand at a rapid pace. Since 1997 the number of Internet service providers (facilities-based and resellers) has increased by nearly 40 per cent; the number of points-of-presence per Internet service provider has increased by five times; the number of hosts connected to the Internet has more than quadrupled; and Internet traffic has increased from six to 10 times. The emergence of electronic commerce (e-commerce), driven by this rapid adoption of Internet services and continual technological innovation, is likely to have profound economic and social impacts on Australian society. This paper provides a detailed analysis of the impact of the Internet and e-commerce, ranging from the changes in the market structure of the telecommunications industry, its role in changing the organisation of traditional markets, the emergence of new markets, and the structural shifts to employment, productivity and trade. The paper also analyses contemporary Australian regulatory responses. IIe-commerce; internet economics

Telecommunications media for the delivery of educational programming

The technical characteristics of various telecommunications media are examined for incorporation into educational networks. FM radio, AM radio, and VHF and UHF television are considered along with computer-aided instruction. The application of iteration networks to library systems, and microform technology are discussed. The basic principles of the communications theory are outlined, and the operation of the PLATO 4 random access system is described

Competition in the German Broadband Access Market

This paper gives a survey of the current state of competition in the German Broadband access market. Existing regulations and their impact on the deployment of high-speed Internet access are evaluated. It is argued that facilities-based competition is preferable to open-network regulations. The most prospective candidate as an independent network capable of generating facilities-based competition in Germany is the cable-broadcasting network. The current developments in the cable industry and the expectations for its success in the short to medium term lead to the conclusion that in the short run at least, there is a need for unbundling regulation to foster competition. Improvements to the current open-network regulation-practices in Germany are suggested. --broadband access,local network competition,regulation