Connect with us

Broadband's Impact

World’s First Fair Use Day Attracts Interest – And Signs that Congress Doesn’t Understand It

WASHINGTON, January 13, 2010 – The consumer advocacy group Public Knowledge on Tuesday hosted the first-ever World Fair Use Day. “Fair use” refers to the defense, under the copyright statute, that permits individuals and businesses to make use of others’ copyrighted material under certain circumstances.

The keynote speaker was Rep. Mike Doyle, D-Penn., who told the attendees how Congress as a whole sees the issue of mixing and mashups – they don’t understand it.

Published

on

WASHINGTON, January 13, 2010 – The consumer advocacy group Public Knowledge on Tuesday hosted the first-ever World Fair Use Day. “Fair use” refers to the defense, under the copyright statute, that permits individuals and businesses to make use of others’ copyrighted material under certain circumstances.

The keynote speaker was Rep. Mike Doyle, D-Penn., who told the attendees how Congress as a whole sees the issue of mixing and mashups – they don’t understand it.

Additionally, Doyle defended the rights of artists and reaffirmed his support of the doctrine. He also warned about actions being taken by the U.S. trade representative in the Anti-Conterfeiting Trade Agreement negotiations. And he acknowledged that many congressional officials want the process to be more transparent:

“I join with Senators Bernie Sanders, Sherrod Brown in wanting deliberations to be more public, and I’m very interested in hearing the answers to Senator Wyden’s letter from last week asking the US Trade Rep to respond to allegations like the one I just outlined. If ACTA is to succeed – and it might – the United Kingdom has it right when it says that “transparency is crucial to ensure the legitimacy of the agreement and to stop the spread of rumors. We believe the lack of transparency is unhelpful and do not believe that it is in the public interest.”

The chief complaint which was brought forth by most of the artists in attendance was that companies are more likely to sue them for copyright infringement than to work with them.

One exception to that rule was Dan Walsh, creator of the massively popular website http://garfieldminusgarfield.net. He was paid by copyright holder Paws, Inc., to edit and put together a collection of comics which was then published into a book.

Another organization supporting the Fair Use Day was Microsoft. The software giant, typically seen as an aggressive supporter of its own copyright, has created an end-user license agreement to make modifications to its Xbox game content.

Microsoft said that “so long as you respect these rules, Microsoft grants you a personal, non-exclusive, non-transferable license to use and display Game Content and to create derivative works based upon Game Content, strictly for noncommercial and personal use.” However, the company also said that “We can revoke this limited use license at any time and for any reason.”

The second panel of the day focused on best practices and how teachers, archivists, film makers and students. Many complained about how they were subject to the vagaries of courts’ interpretations of Fair Use.

Under Section 107 of the Copyright Act, which codifies the common law of Fair Use, courts are to consider four factors in determining whether a particular infringing use is excused by Fair Use defense:

  1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
  2. The nature of the copyrighted work
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
  4. The effect of the use upon the potential market for, or value of, the copyrighted work
  5. The event brought together lawyers, policy makers and artists to talk about the various issues regarding the subject.

Videos of each of the panels can be seen here.

Rahul Gaitonde has been writing for BroadbandBreakfast.com since the fall of 2009, and in May of 2010 he became Deputy Editor. He was a fellow at George Mason University’s Long Term Governance Project, a researcher at the International Center for Applied Studies in Information Technology and worked at the National Telecommunications and Information Administration. He holds a Masters of Public Policy from George Mason University, where his research focused on the economic and social benefits of broadband expansion. He has written extensively about Universal Service Fund reform, the Broadband Technology Opportunities Program and the Broadband Data Improvement Act

Broadband's Impact

Technology Policy Institute Introduces Data Index to Help Identify Connectivity-Deprived Areas

The Broadband Connectivity Index uses multiple datasets to try to get a better understanding of well- and under-connected areas in the U.S.

Published

on

Scott Wallsten is president and senior fellow at the Technology Policy Institute

WASHINGTON, September 16, 2021 – The Technology Policy Institute introduced Thursday a broadband data index that it said could help policymakers study areas across the country with inadequate connectivity.

The TPI said the Broadband Connectivity Index uses multiple broadband datasets to compare overall connectivity “objectively and consistently across any geographic areas.” It said it will be adding it soon into its TPI Broadband Map.

The BCI uses a “machine learning principal components analysis” to take into account the share of households that can access fixed speeds the federal standard of 25 Megabits per second download and 3 Mbps upload and 100/25 – which is calculated based on the Federal Communications Commission’s Form 477 data with the American Community Survey – while also using download speed data from Ookla, Microsoft data for share of households with 25/3, and the share of households with a broadband subscription, which comes from the American Community Survey.

The BCI has a range of zero to 10, where zero is the worst connected and 10 is the best. It found that Falls Church, Virginia was the county with the highest score with the following characteristic: 99 percent of households have access to at least 100/25, 100 percent of households connect to Microsoft services at 25/3, the average fixed download speed is 243 Mbps in Ookla in the second quarter of this year, and 94 percent of households have a fixed internet connection.

Meanwhile, the worst-connected county is Echols County in Georgia. None of the population has access to a fixed connection of 25/3, which doesn’t include satellite connectivity, three percent connect to Microsoft’s servers at 25/3, the average download speed is 7 Mbps, and only 47 percent of households have an internet connection. It notes that service providers won $3.6 million out of the $9.2-billion Rural Digital Opportunity Fund to provide service in this county.

“Policymakers could use this index to identify areas that require a closer look. Perhaps any county below, say, the fifth percentile, for example, would be places to spend effort trying to understand,” the TPI said.

“We don’t claim that this index is the perfect indicator of connectivity, or even the best one we can create,” TPI added. “In some cases, it might magnify errors, particularly if multiple datasets include errors in the same area.

“We’re still fine-tuning it to reduce error to the extent possible and ensure the index truly captures useful information. Still, this preliminary exercise shows that it is possible to obtain new information on connectivity with existing datasets rather than relying only on future, extremely expensive data.”

Continue Reading

Broadband's Impact

New Report Recommends Broadening Universal Service Fund to Include Broadband Revenues

A Mattey Consulting report finds broadband revenues can help sustain the fund used to connect rural and low-income Americans.

Published

on

Carol Mattey of Mattey Consulting LLC

WASHINGTON, September 14, 2021— Former deputy chief of the Federal Communications Commission Carol Mattey released a study on Tuesday recommending the agency reform the Universal Service Fund to incorporate a broad range of revenue sources, including from broadband.

According to the report by Mattey’s consulting firm Mattey Consulting LLC, revenues from “broadband internet access services that are increasingly used by Americans today should contribute to the USF programs that support the expansion of such services to all,” it said. “This will better reflect the value of broadband internet access service in today’s marketplace for both consumers and businesses.”

Mattey notes that sources of funding for the USF, which are primarily from voice revenues and supports expanding broadband to low-income Americans and remote regions, has been shrinking, thus putting the fund in jeopardy. The contribution percent reached a historic high at 33.4 percent in the second quarter this year, and decreased slightly after that, though Mattey suggested it could soar as high as 40 percent in the coming years.

“This situation is unsustainable and jeopardizes the universal broadband connectivity mission for our nation without immediate FCC reform,” Mattey states in her report, “To ensure the enduring value of the USF program and America’s connectivity goals, we must have a smart and substantive conversation about the program’s future.”

According to Mattey’s data, the assessed sources (primarily voice) of income will only continue to shrink over the coming years, while unassessed sources will continue to grow. Mattey’s report was conducted in conjunction with INCOMPAS, NTCA: The Rural Broadband Association, and the Schools, Health and Libraries Broadband Coalition.

“It is time for the FCC to take action, and to move away from the worst option of all – the status quo – that is jeopardizing the USF which is critical to connecting our nation,” the report said.

John Windhausen, executive director of SHLB, echoed the sentiments expressed by Mattey in her report, “We simply must put the USF funding mechanism on a more stable and sustainable path,” he said, “[in order to] strengthen our national commitment to broadband equity for all.”

Mattey report uniform with current recommendations

Mattey’s research is generally in line with proponents of change to the USF. Some have recommended that the fund draw from general broadband revenues, while others have said general taxation would provide a longer lasting solution. Even FCC Commissioner Brendan Carr suggested that Big Tech be forced to contribute to the system it benefits from, which the acting chairwoman Jessica Rosenworcel said is an “intriguing” idea.

The FCC instituted the USF in 1997 as a part of the Telecommunications Act of 1996. The fund was designed to encourage the development of telecom infrastructure across the U.S.—dispensing billions of dollars every year to advance the goal of universal connectivity. It does so through four programs: the Connect America Fund, Lifeline, the rural health care program, and E-Rate.

These constituent programs address specific areas related for broadband. For example, the E-Rate program is primarily concerned with ensuring that schools and libraries are sufficiently equipped with internet and technology assistance to serve their students and communities. All of these programs derive their funding from the USF.

Continue Reading

Digital Inclusion

Outreach ‘Most Valuable Thing’ for Emergency Broadband Benefit Program: Rosenworcel

FCC Acting Chairwoman Rosenworcel said EBB will benefit tremendously from local outreach efforts.

Published

on

Internet Innovation Alliance Co-Chair Kim Keenan

WASHINGTON, September 13, 2021 – The head of the Federal Communications Commission said Monday that a drawback of the legislation that ushered in the $3.2-billion Emergency Broadband Benefit program is that it did not include specific funding for outreach.

“There was no funding to help a lot of these non-profit and local organizations around the country get the word out [about the program],” Jessica Rosenworcel said during an event hosted by the Internet Innovation Alliance about the broadband affordability divide. “And I know that it would get the word out faster if we had that opportunity.”

The program, which launched in May and provides broadband subsidies of $50 and $75 to qualifying low-income households, has so-far seen an uptake of roughly 5.5 million households. The program was a product of the Consolidated Appropriations Act of 2021.

“We gotta get those trusted local actors speaking about it because me preaching has its limitations and reaching out to people who are trusted in their communities to get the word out – that is the single most valuable thing we can do,” Rosenworcel said.

She said the FCC has 32,000 partners and has held more than 300 events with members of Congress, tribal leaders, national and local organizations, and educational institutions to that end.

“Anyone who’s interested, we’ll work with you,” she said.

EBB successes found in its mobile friendliness, language inclusion

Rosenworcel also preached the benefits of a mobile application-first approach with the program’s application that is making it accessible to large swaths of the population. “I think, frankly, every application for every program with the government should be mobile-first because we have populations, like the LatinX population, that over index on smartphone use for internet access.

“We gotta make is as easy as possible for people to do this,” she said.

She also noted that the program is has been translated into 13 languages, furthering its accessibility.

“We have work to do,” Rosenworcel added. “We’re not at 100 percent for anyone, and I don’t think we can stop until we get there.”

Continue Reading

Recent

Signup for Broadband Breakfast

Get twice-weekly Breakfast Media news alerts.
* = required field

Trending