July 8 -- RealNetworks’ Unifi cloud service goes live; Law professors say PROTECT IP Act unconstitutional
Industry Spotlight
Slacker Radio Scores With AARP Deal
July 5, 2011 – Seeking Alpha
Microsoft Releases Nine New Apps For Zune
July 1, 2011 - Ubergizmo
RealNetworks’ Unifi Cloud Service Goes Live
July 5, 2011 – Digital Media Wire
Apple’s iTunes App Store breaks 15 billion downloads
July 7, 2011 – Appolicious
Amazon adds unlimited music storage for paid Cloud Drive accounts
July 7, 2011– Macworld (blog)
Best Buy Confirms July 10 Availability of Toshiba Thrive
July 7, 2011 – Reuters
YouTube Moves From Cats Playing Piano to Classrooms
July 6, 2011– Huffington Post
RightsFlow Introduces MySpark Copyright for Efficient Copyright Registration
July 7, 2011 – SonicScoop
Politics & Policy
I. Intellectual Property Enforcement
Top ISPs agree to become copyright cops
Authored by Greg Sandoval on July 7, 2011 - CNET
Some of the top ISPs, including Comcast, Cablevision, Verizon, and Time Warner Cable, have officially agreed to step up efforts to protect the rights of copyright owners, a move first reported last month by CNET.
Many file-sharing fans and proponents of free content are to sure mock the assertion that this is a benefit to them.
This agreement hands the music and film sectors a big new stick with which to fight online illegal downloading of copyrighted works. The deal doesn't affect illegal streaming services. The film, music, and software sectors claim that online piracy costs the U.S. economy billions in lost revenue and jobs.
The new system of enforcement looks a lot like the old system. The ISPs send out a series of notifications and warnings--which many ISPs have done for years--to someone suspected of illegally downloading films and music. What is new is that if the warnings are ignored, then the ISPs will eventually implement a series of tougher measures.
Those suspected of chronic abuse of copyright laws will face penalties. Multiple warnings are supposed to be followed up by one of several responses that ISPs can choose from, such as throttling down an accused user's Web-connection speed to blocking them from surfing the Web altogether.
II. Protect IP Act (S. 968)
Dozens of law professors: PROTECT IP Act is unconstitutional
Authored by Timothy B. Lee on July 6, 2011 - Ars Technica
An ideologically diverse group of 90 law professors has signed a letter opposing the PROTECT IP Act, the Hollywood-backed copyright enforcement/Internet blacklist legislation now working its way through Congress. The letter argues that its domain-blocking provisions amount to Internet censorship that is barred by the First Amendment.
Jointly authored by Mark Lemley, David Levine, and David Post, the letter is signed not only by prominent liberals like Larry Lessig and Yochai Benkler, but also by libertarians like Post and Glenn "Instapundit" Reynolds.
"The Act would allow courts to order any Internet service to stop recognizing [a] site even on a temporary restraining order... issued the same day the complaint is filed," they write. Such a restraining order, which they describe as "the equivalent of an Internet death penalty," raises serious constitutional questions.
The Supreme Court has held that it's unconstitutional to suppress speech without an "adversary proceeding." That is, a speaker must, at a minimum, be given the opportunity to tell his side of the story to a judge before his speech can be suppressed.
III. Network Neutrality and Third-party Tethering Applications
Does net neutrality protect mobile tethering apps?
Authored by Matthew Lasar on July 6, 2011 - Ars Technica
Reports say that the Federal Communications Commission is revving up to formally release its long-awaited (or hated) open Internet rules. The agency has sent the regulations to the Office of Management and Budget, which will determine whether they comply with the Paperwork Reduction Act. If that goes according to plan, they'll get published on the Federal Register, making them official.
At the same time, the Commission is looking for candidates for its Open Internet Advisory Committee, tasked with "tracking developments with respect to the freedom and openness of the Internet."
We're talking October—at the earliest—before these rules are finally enforceable. And once that happens, it's likely that Verizon and/or MetroPCS will once again ask a federal court to strike them down (three months ago a judge ruled the companies couldn't sue until the provisions were formally released).
Meanwhile, at least a few people will doubtless cite the neutrality provisions to complain about ISP behavior. And we're betting that controversial restrictions on third-party tethering applications will come under some kind of scrutiny.
IV. Taxation of Digital Goods
Retailers rally for simplified online tax code
Authored by Amanda Green on July 1, 2011 - Direct Marketing News
E-commerce retailers and wireless companies are teaming up to lobby Congress to simplify the taxation process for digital goods, such as MP3s, e-books, mobile apps and games. Working with various industry groups, the companies are supporting legislation that would simplify the tax code for digital items.
"Nobody likes taxes, but good tax policy is neutral, fair and easy for everyone to understand," said Maureen Riehl, VP of the government and industry relations counsel at the National Retail Federation. "When this isn't the case, there's a problem. In this emerging digital market, it's almost an interstate commerce issue. It'll be up to Congress to decide when and how states can tax digital goods."