Department of Justice Revisits 1941 Music-Licensing Rules

The Department of Justice will soon ask for public input on the status of two legal agreements that have been the foundation of music licensing since 1941, said sources. Advocates of overhauling the rules said that artists are harmed, earning less in the digital age. Those who believe the regulations should stay in place counter that the rules have created a stable marketplace. The review of these music licensing rules comes as the DOJ revisits consent decrees written decades ago for several different industries. Continue reading Department of Justice Revisits 1941 Music-Licensing Rules

Australian Law Will Allow Agencies to Circumvent Encryption

In the United States, Congress has resisted calls by the FBI and Department of Justice that would require tech companies to create a “back door” to allow them to bypass devices’ encryption. But other U.S. allies are moving forward on just such legislation, with Australia about to adopt a tough encryption law permitting intelligence agencies these powers. The country believes that its agencies need the power to circumvent encryption to protect it from terrorist attacks during the holiday season, often a high-threat period. Continue reading Australian Law Will Allow Agencies to Circumvent Encryption

MPAA Proposes Updates to Intellectual Property Enforcement

In the process of updating the Joint Strategic Plan for Intellectual Property Enforcement to help combat online piracy, the government’s IP czar Vishal Amin has sent out a call for input. The Motion Picture Association of America has suggestions, chief among them that Internet service providers be forced to take more responsibility for referral traffic from piracy sites. Currently, under the law, ISPs are regarded as neutral networks, but the MPAA wants them to play a role in filtering copyright-infringing content. Continue reading MPAA Proposes Updates to Intellectual Property Enforcement

Music Modernization Act Passed in Senate, Returns to House

Following the House of Representatives passage of the Music Modernization Act in April, the U.S. Senate also gave its unanimous consent on September 18. The bill was renamed after Republican Utah senator Orrin Hatch, also a songwriter, scheduled to retire at the end of his term this year. With the Senate passage, the bill will return to the House to get approval for all the changes made to achieve Senate approval. If and when the House approves, the bill will go to President Donald Trump to become law. Continue reading Music Modernization Act Passed in Senate, Returns to House

Department of Justice Revisits Paramount Consent Decrees

The U.S. Department of Justice stated it is now reviewing the so-called Paramount consent decrees, settlements struck between 1948 and 1952 that govern the way movie studios do business with movie theaters. The DoJ’s announcement was unexpected, and could have major implications for how Hollywood does business. Those 70-year old decrees broke up Hollywood studios’ monopoly over production, distribution and exhibition by making them sell their theater chains. The review is aimed at ending outdated antitrust judgments. Continue reading Department of Justice Revisits Paramount Consent Decrees

Amazon and Apple Turn Up the Heat in the Audiobook Market

According to the Association of American Publishers, in the first eight months of 2017, based on data from 1,200 publishers, revenue from audiobooks grew 20 percent, compared to print books sales increasing a mere 1.5 percent and e-books losing 5.4 percent. Amazon, which bought Audible in 2008, has been the dominant player, with Audible carving out a unique and profitable portion of the market. But Apple is now attempting to take on its rival with a redesigned iBooks e-book reading application for iPhones and iPads. Continue reading Amazon and Apple Turn Up the Heat in the Audiobook Market

CTA’s Shapiro Speaks With FTC’s Ohlhausen, Ajit Pai Absent

The FCC chair traditionally appears on the first day of CES to discuss the issues relevant to the CTA crowd. For the first time in memory, this year was different, as FCC’s Ajit Pai canceled his appearance due reportedly to death threats. Security was still tight, with bag searches and metal detectors, and police and dogs at the ready. Once the conversation started, however, it became obvious that the security was overkill; FTC acting chair Maureen Ohlhausen covered controversial topics, but didn’t add fuel to the fire. Continue reading CTA’s Shapiro Speaks With FTC’s Ohlhausen, Ajit Pai Absent

FCC Reveals Plan to Roll Back Local Media Ownership Rules

The FCC plans to change rules regarding local media ownership, claiming the 42-year old rules are now outdated. FCC chair Ajit Pai revealed yesterday during a congressional hearing that there will be a vote next month to loosen current rules that prevent companies from owning a newspaper and a broadcast station within the same market. The rules originally intended to guarantee diversity of expression while aiming to curb undue influence over public opinion by an individual or single company. Democratic lawmakers voiced opposition during the hearing, but Pai defended the proposed plan and other recent deregulatory moves. Continue reading FCC Reveals Plan to Roll Back Local Media Ownership Rules

SoftBank Reportedly Ready to Sell Sprint to Deutsche Telekom

When the U.S. spectrum auction ends in April, Japan’s SoftBank Group plans to approach Deutsche Telekom’s T-Mobile US about taking over Sprint, for a merger of the two wireless carriers. Until then, SoftBank is restricted by FCC anti-collusion rules preventing discussions between competitors. SoftBank ran into U.S. antitrust regulations two-and-a-half years ago when it was forced to stop negotiations to acquire T-Mobile for Sprint, a deal that would have put SoftBank in control with Deutsche Telekom a minority shareholder. Continue reading SoftBank Reportedly Ready to Sell Sprint to Deutsche Telekom

International Law Enforcement Takes Down Avalanche Botnet

An international team of law enforcement agencies and security firms just took down “Avalanche,” a botnet that has been engaged in phishing attacks and at least 17 different malware families since at least late 2009. The team took offline more than 221 servers and more than 800,000 domain names used by Avalanche, and conducted searches and arrests in five countries, according to a statement released by the FBI and U.S. Department of Justice. Avalanche malware impacted victims in over 180 countries. Continue reading International Law Enforcement Takes Down Avalanche Botnet

DirecTV Now: AT&T Streaming TV Service to Undercut Cable

Shortly after the Time Warner acquisition made headlines, AT&T announced that its streaming TV service, launching next month, will offer 100-plus channels for $35 per month. The company previously suggested that DirecTV Now would not undercut cable. “It’s clear what customers want. They want premium content in a mobile environment,” said AT&T CEO Randall Stephenson. “Our goal is to drive prices down.” The move can also be seen as a way to generate support for the Time Warner deal. “Regulators will heavily scrutinize the proposed merger of two such large and influential companies, but the pair are insistent that the deal benefits consumers,” reports Wired. “Certainly, Internet television benefits consumers.” Continue reading DirecTV Now: AT&T Streaming TV Service to Undercut Cable

Tech, Media Firms Join Microsoft’s Suit Against Secrecy Laws

On Friday, Microsoft filed a lawsuit against the U.S. Justice Department, saying that part of the Electronic Communications Privacy Act of 1986 is unconstitutional. The provision in question prevents Microsoft from letting customers know when their communications have been turned over to law enforcement, which Microsoft says violates the First and Fourth Amendments. Approximately 80 different companies — including Amazon, Google, Snapchat, and Salesforce — have signed briefs in support of Microsoft. Continue reading Tech, Media Firms Join Microsoft’s Suit Against Secrecy Laws

Authors and Booksellers Accuse Amazon of Antitrust Violations

A group of authors, their representatives and booksellers have banded together to ask the U.S. Department of Justice to investigate Amazon for antitrust violations. The move by authors and booksellers comes on the heels of an ugly contract dispute, during which Amazon made it difficult to buy books from publisher Hachette. Five years ago, Amazon secretly asked regulators to examine the practices of leading publishers, a move that ultimately gave the e-commerce company more influence. Continue reading Authors and Booksellers Accuse Amazon of Antitrust Violations

Judge Enters His Own OVD Condition with Comcast-NBCU Final Judgment

  • Consent from the U.S. Department of Justice for the Comcast-NBCUniversal merger has been approved, but with a new condition.
  • Comcast purchased 51 percent of NBCUniversal from General Electric in January, creating a $30 billion business that includes broadcast, cable networks, movie studios and theme parks.
  • At that time, the Department of Justice said Comcast could acquire NBCUniversal only if it ceded control of Hulu and made stand-alone broadband service available at $49.95 per month for three years, but the settlement still required final approval.
  • Last week, Judge Richard Leon delivered final approval, but stipulated that the federal government would monitor whether rival online video services, such as Hulu or Netflix, demand arbitration to license content from Comcast-NBCU for the next two years.
  • The ability of rivals to obtain programming was one of the key concerns of the DOJ and the FCC during reviews of the merger.
  • “Since neither the Court nor the parties has a crystal ball to forecast how this Final Judgment, along with its arbitration mechanisms, will actually function … I believe that certain additional steps are necessary,” Leon said in a court order.

Illegal Online Ads: Google Settles Federal Case for $500 Million

  • In a case that indicates the U.S. government will hold websites liable for any illegal advertisements shown on their pages, Google settled its case over illegal online pharmacy ads by paying a $500 million fine.
  • The investigation (first revealed in May) led to this week’s settlement that has reportedly decreased Google’s quarterly profits by 22 percent.
  • “The Department of Justice will continue to hold accountable companies who in their bid for profits violate federal law and put at risk the health and safety of American consumers,” said Deputy Attorney General James M. Cole. “This settlement ensures that Google will reform its improper advertising practices with regard to these pharmacies while paying one of the largest financial forfeiture penalties in history.”
  • “Obviously, such a decision has far-reaching consequences beyond those of just the illegal pharmacies, as Google faces threats from a number of illegal and malicious entities who want to leverage its search engine to expose unsuspecting users to their ads,” reports TechCrunch. “Traditionally, Google itself has filed lawsuits against advertisers it suspected of breaking its rules, but this has clearly not been enough of a deterrent.”