Justice Department to End the Paramount Consent Decrees

The Justice Department’s antitrust division plans to terminate the so-called Paramount consent decrees governing movie distribution, indicating they are no longer useful. Those rules were established in the wake of a landmark 1948 Supreme Court ruling covering the eight major movie distributors in the U.S. Their end will dramatically change movie distribution. DOJ antitrust official Makan Delrahim noted that streaming services and new business models have opened the door to “consumer-friendly innovation.” Continue reading Justice Department to End the Paramount Consent Decrees

Audius Music Streamer Faces Copyright Infringement Issues

Startup Audius, which relies on blockchain for its music streaming service, has received kudos from many in the industry that agree with the company’s assessment that “music platforms were at their best when they listened to what artists and fans wanted — not corporations or major labels.” Audius is positioning itself as a competitor to SoundCloud, once known as a hotspot for emerging musicians. But Audius has the same problem found on that service: unlicensed content that the company cannot remove. Continue reading Audius Music Streamer Faces Copyright Infringement Issues

Bipartisan Group of Attorneys General to Investigate Google

A bipartisan group of attorneys general representing 48 U.S. states, Puerto Rico and the District of Columbia, led by Ken Paxton (R-Texas), announced an investigation of Google, initially focusing on the tech behemoth’s practices in online advertising. “But the facts will lead where the facts lead,” said Paxton, who made the announcement from the steps of the U.S. Supreme Court. “We don’t know all the answers,” he added. The states just subpoenaed Google for information on its advertising business practices. Continue reading Bipartisan Group of Attorneys General to Investigate Google

Apple’s Rules For Kids Apps Will Impact Analytics and Ads

Apple has created new rules for kids apps in the App Store that will ban external analytics software and restrict the ability to sell advertisements. Considering the market dominance of the Apple App Store, developers of kids apps are worried that, starting next month when the rules go into effect, they will struggle to stay afloat. Apple said the new rules were in response to some children seeing inappropriate ads on apps and its aim to protect them from data trackers. Some privacy advocates have applauded the move. Continue reading Apple’s Rules For Kids Apps Will Impact Analytics and Ads

Broadcasters File Federal Suit to Stop TV Streamer Locast

CBS, Disney’s ABC, Comcast’s NBCUniversal and Fox are suing non-profit streaming service Locast in U.S. District Court in the Southern District of New York. Locast, funded in part by AT&T, retransmits local television stations without permission, free to consumers. The Supreme Court shut down Aereo, which streamed content without permission in 2014. Locast says its status is legal under the Copyright Act of 1976, because, unlike Aereo, it is a non-profit operating “booster” and “translator stations” that strengthen a TV station’s signal. Continue reading Broadcasters File Federal Suit to Stop TV Streamer Locast

Streaming TV Service Locast Receives a Boost From AT&T

Locast is a streaming service that allows those without a pay-TV subscription to watch sports, news and primetime broadcast programming. Backed by the non-profit Sports Fan Coalition, Locast last week received a $500,000 contribution from AT&T. The service has launched in New York and Los Angeles among other large markets. But Locast has not received TV stations’ consent to carry their feeds, something required by federal copyright law, nor is it paying fees, which comprise a significant portion of broadcasters’ revenue. Continue reading Streaming TV Service Locast Receives a Boost From AT&T

Change in Antitrust Thinking Could Be Problem for Big Tech

A shift in antitrust thinking is gaining momentum in the U.S. as regulators are increasingly scrutinizing Big Tech. Scholars are examining antitrust issues in a context that focuses on the clout of leading companies. Antitrust regulation has historically focused on consumer welfare and whether or not there is economic impact. In recent decades, tech giants such as Amazon, Apple, Facebook and Google have experienced massive growth by offering free or cheap digital services. “People might enjoy using the tech platforms but they are also asking, ‘What kind of society do we want?’” suggests Hal Singer of George Washington University’s Institute of Public Policy. Continue reading Change in Antitrust Thinking Could Be Problem for Big Tech

Apple Reinstates Kid Controls, App Developers File Lawsuit

Apple abruptly reversed a decision made a year ago to remove iPhone apps that use one of two technologies to allow parents to control their children’s use of Apple devices. The company revealed its move to allow parental controls in a short blog post on its website. The reversal comes on the heels of news that the Department of Justice and the Federal Trade Commission are scrutinizing Silicon Valley tech companies for antitrust behavior. App developers filed a lawsuit in California accusing Apple of monopolizing app distribution. Continue reading Apple Reinstates Kid Controls, App Developers File Lawsuit

Supreme Court: App Store Customers Can Now Sue Apple

In what could become a landmark decision, the Supreme Court has ruled to allow individual iPhone users to sue Apple in antitrust violation cases related to the tech giant’s App Store. In a 5-4 decision written by Associate Justice Brett Kavanaugh, the Supreme Court agreed with a lower court ruling that determined App Store customers could sue Apple for allegedly driving up prices by forcing them to purchase apps exclusively from the App Store. Apple lost its argument that was based on the contention that third-party developers set the prices for apps. While Apple holds steady in its belief that it does not represent a monopoly, the ruling could have future ramifications regarding consumers who seek to sue other app sellers for antitrust violations. Continue reading Supreme Court: App Store Customers Can Now Sue Apple

Spotify Brings Beef Against Apple to European Commission

Spotify filed a complaint with European regulators accusing Apple of violating antitrust laws by crushing companies that compete with its services, including Apple Music. Apple charges a fee of up to 30 percent on anything sold in its App Store. Spotify reported to the European Commission that Apple’s policies are a “tax” that violate competition laws, and chief executive Daniel Ek complained that Apple gives itself “an unfair advantage at every turn.” It is uncertain if the complaint will lead to a formal EC investigation. Continue reading Spotify Brings Beef Against Apple to European Commission

HPA Tech Retreat: Jim Burger Presents Washington Update

In what has been an annual presentation at the HPA Tech Retreat, Thompson Coburn attorney Jim Burger delivered his update of legislation and litigation from the nation’s capital. His take on “administrative-legislative developments in copyright” was summed up by a slide of stars and the sounds of crickets, reflecting the government shutdown. Burger first briefly defined copyright as “an original expression in a fixed tangible medium,” and described the four-factor test that defines non-exclusivity. Continue reading HPA Tech Retreat: Jim Burger Presents Washington Update

Locast Founder Offers Free Broadcast Streaming to Test Law

Attorney David Goodfriend is a law professor and founder of Locast, a free streaming service that enables audiences to get content from ABC, CBS, FOX, NBC and PBS, on almost any device, at any time, with high-quality video. If this sounds like Aereo, the startup supported by Barry Diller that offered streaming content to subscribers, you’d be partially right. But the Supreme Court determined Aereo violated copyright law, forcing its closure, and Goodfriend believes he’s found a legal workaround: Locast is a nonprofit. Continue reading Locast Founder Offers Free Broadcast Streaming to Test Law

‘League of Legends’ Tournament Highlights eSports Growth

In South Korea, where eSports was born, a world championship match-up between the Chinese team Invictus Gaming and European team Fnatic was watched by tens of millions of fans around the world. The two battled out the championship finals of “League of Legends” in a 50,000-seat stadium in Incheon, where the Chinese team won the championship for the first time. Riot Games’ “League of Legends” (dubbed LoL by fans), released ten years ago, is still highly esteemed in the $13 billion global gaming industry. Continue reading ‘League of Legends’ Tournament Highlights eSports Growth

YouTube Grows Investment in Creators for Change Program

In light of how bad actors use online platforms to sow dissension and disinformation, many beleaguered tech behemoths have added another tool in its arsenal to fight this problem: so-called counterspeech initiatives. The term is based on Supreme Court Louis Brandeis’ statement that the best remedy for bad speech isn’t silence but more speech. YouTube — in addition to Redirect Method, which sends users searching for terrorism-related keywords to videos offering an alternative view — has its Creators for Change program. Continue reading YouTube Grows Investment in Creators for Change Program

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

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