Connect with us

#broadbandlive

Rep. Lofgren: ‘Do Nothing on Copyright Law’ at Intellectual Property Breakfast Event

WASHINGTON, September 15, 2011 — Broadband Breakfast.com hosted its last monthly Intellectual Property Breakfast Club on Tuesday with a keynote address from Rep. Zoe Lofgren, D-Calif, followed by a discussion panel entitled “Video Streaming on Digital Devices: Will Broadband Clash with Copyright?”

Congresswoman Lofgren began her keynote address with the premise that content owners need to start looking at the digital world as an ally rather than a threat. “Are you going to worry about controlling content or getting paid for content,” she asked. Lofgren pointed to examples of legitimate digital platforms like Hulu and Spotify, and noted Amazon sales of $3.1 billion, to illustrate that it is possible to make money in the digital space.

Not surprisingly, the congresswoman from Silicon Valley had her reservations about proposed intellectual property enforcement legislation that would have adverse affects on the technology sector. “If we do nothing on copyright law, we would be doing everything just about right.”

Published

on

WASHINGTON, September 15, 2011 — Broadband Breakfast.com hosted its last monthly Intellectual Property Breakfast Club on Tuesday with a keynote address from Rep. Zoe Lofgren, D-Calif, followed by a discussion panel entitled “Video Streaming on Digital Devices: Will Broadband Clash with Copyright?”

This breakfast was the capstone event of a series of successful intellectual property breakfasts that tackled important topics such as United States : the U.S. enforcement strategy, the Anti-Counterfeiting Trade Agreement, China and IP with the former Chairman of the Judiciary Committee Rep. John Conyers and the Chinese Embassy IP Attaché, E-Book licensing, and a Performance Right for Broadcasting, just to name a few.

Video Streaming on Digital Devices: Will Broadband Clash With Copyright? from BroadbandBreakfast.com.

Tuesday’s discussions focused on the conflict between copyright protections and benefits of increased broadband capabilities. Topics included: the effects of current pending legislation on the internet marketplace, the recent issues between Time Warner Cable and Viacom over content distributed on new technology platforms, and the potential effects of the Federal Communications Commissions’s AllVid proceeding on the ability of consumers to view TV everywhere.

Congresswoman Lofgren began her keynote address with the premise that content owners need to start looking at the digital world as an ally rather than a threat. “Are you going to worry about controlling content or getting paid for content,” she asked. Lofgren pointed to examples of legitimate digital platforms like Hulu and Spotify, and noted Amazon sales of $3.1 billion, to illustrate that it is possible to make money in the digital space.

Not surprisingly, the congresswoman from Silicon Valley had her reservations about proposed intellectual property enforcement legislation that would have adverse affects on the technology sector. “If we do nothing on copyright law, we would be doing everything just about right.”

”Rather than just weigh in on the content side, we should allow deals to be made so that content owners can make money off their product through web distribution deals,” she said.

Copyright law should be easier to navigate and that “there should be a system that better serves the creators of the content,” she added.

On the topic of intellectual property enforcement legislation, Lofgren chided Minnesota Democratic Sen. Amy Klobuchar’s bill setting felony penalties for illegal web streaming (the Commercial Felony Streaming Act, S. 978) because of its major chilling affect on protected speech and innovation. She praised the prior successes of what she called the “follow the money” approach of cutting up online gambling web sites’ access to credit card payment systems. By contract, the domain name system takedown approach to enforcement, and contemplated by the PROTECT IP Act (S. 968) “is a mess and will do actual damage to the internet itself.”

In her final remarks, Rep. Lofgren pointed to three things that have made innovation in her district so successful: (1) a lot of investment into science and research many years ago and many talented engineers have emerged from the Stanford engineering programs; (2) entrepreneurs unafraid to take risks, and (3) government did not get in the way. Many of the impediments to innovation come in the form of overly complex intellectual property legislation that in the end hurt content creators as much as tech innovators.

Following the Congresswoman, the audience shifted their attention to a panel of intellectual property legal experts.

Paul Glist, Partner at Davis Wright Tremaine, began the panel discussion by laying out some economic realities behind the distribution of digital programming. “From a consumer point of view, all content wants to be free. But from the point of view of creators they want to be paid.” Glist added, “Everything that broadband and wireless have enabled has challenged many of the older video distribution models.”

“Distributors, like cable operators are in a sticky situation where they identify with the content providers and struggle to protect intellectual property and deliver it to the consumer” stated Glist, “but they want to enable consumers to enjoy their content in as many different ways as possible”

With regard to the Time Warner Cable dispute with Viacom, Glist noted “what they were fighting about publicly was different than what they were really fighting about.” Glist believed that the intellectual property and licensing argument surrounding the public fight about whether the license granted by the content providers covered screens such as iPad tablets, was not the real issue.

“The real fight” claimed Glist, “was over advertising dollars.” Content providers do not yet have a way to track advertising revenues on these new very popular devises and therefore feel like they are not being made whole.

Among the highlights of the program was an explanation by Robert Schwartz, partner at Constantine Cannon, of the underlying regulatory issues behind the content distribution and licensing battles. Schwartz believed that since 1996, when Congress directed the FCC to ensure that consumers could use commercially available navigation devices to access services from pay television providers, there have been numerous unresolved questions about what service and MVPD can aggregate. “With the advent of digital devices the market saw MVPDs begin to package every element of distribution, look at the VCR,” said Schwartz.

Schwartz then referenced a copyright case where Cablevision with the support of technology companies and the public interest community set up a service that would allow users to have VCR type functions without having any recording product in the home. The case was challenged by the entertainment industry and the 2nd circuit decided that it was the consumer that had decided on this technology, and the issue of contributory infringement was no longer at issue. “Since then”, said Schwartz, “there has not been a good discussion of what it is the MVPD has the right to aggregate.”

Schwartz finished by noting that the FCC has tried to bring up this issue again through the National Broadband Plan, and put forth a proposal for an AllVid proceeding aimed at developing an interface device in the home for all consumer devices, but the proceeding has been stagnant since the Notice of Inquiry in 2010.

Brandon Dorsky, President of SUPERGOODMUSIC expressed that his major concern on the Klobuchar bill is that it could potentially criminalize some of his blogs’ behavior. Dorsky described himself as a tastemaker who helps promote the careers of artists by streaming their content on his website. Dorsky noted that “the ability to stream is especially important in the world of electronic music,” a genre he works with a lot.

“You cannot always negotiate a license…it’s hard to promote music if you cannot negotiate small licenses” said Dorsky. He also believed that hosting a link on his site for a song that he cannot negotiate a license for is not effective because readers rarely click through.

Victoria Phillips, Professor at the Washington College of Law at American University raised the point that in the days of over the air TV, a consumer could bring a TV out on their porch and receive signal. Phillips thought it was ironic how constrained we are by our set top boxes and hoped the AllVid proceeding would loosen the grip of the boxes. “There is so much going on that consumers want to do in their home” stated Phillips “The AllVid proceeding is an interesting approach to eliminate some of the ongoing sedimentary layer…and I hope the Broadband Plan and this proceeding can break us out of some of these silos we are in.”

Glist disagreed and joked that while it was wonderful to get all twelve channels anywhere, there was two-way capability and interactive features that cable boxes provide today. He added, “can you harness creativity through a business-to-business approach or do you want the government to be the solution? Industry is moving too fast so government is probably going to get it wrong.”

Although the monthly Intellectual Property Breakfast Club is being discontinued, don’t miss the beginning of the Broadband Breakfast Club season on Tuesday, September 20, 2011. Registration for the event, on “Making Cities of the Future Smarter Through Broadband,” is available at http://broadbandbreakfast.eventbrite.com. The Broadband Breakfast Club is sponsored by ComcastGoogleICF InternationalIntel, the National Cable and Telecommunications Association and the Telecommunications Industry Association.

As Deputy Editor, Chris Naoum is curating expert opinions, and writing and editing articles on Broadband Breakfast issue areas. Chris served as Policy Counsel for Future of Music Coalition, Legal Research Fellow for the Benton Foundation and law clerk for a media company, and previously worked as a legal clerk in the office of Federal Communications Commissioner Jonathan Adelstein. He received his B.A. from Emory University and his J.D. and M.A. in Television Radio and Film Policy from Syracuse University.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

#broadbandlive

Wednesday, September 22, 2021 — Join the Moderators on Last Call for Digital Infrastructure Investment 2021

The moderators for Digital Infrastructure Investment panels join for a preview session ahead of the event.

Published

on

Our Broadband Breakfast Live Online events take place every Wednesday at 12 Noon ET. You can watch the September 22, 2021, event on this page. You can also PARTICIPATE in the current Broadband Breakfast Live Online event. REGISTER HERE.

Wednesday, September 22, 2021, 12 Noon ET — Last Call for Digital Infrastructure Investment 2021

Join us on September 22, 2021, for this special Broadband Breakfast Live Online as we get ready for Digital Infrastructure Investment 2021. In this session, we’ll hear from the moderators of each of the four Topics that we’ll consider at the mini-conference! As a reminder, Digital Infrastructure Investment 2021 is taking place IN PERSON at the Broadband Communities Summit in Houston, Texas, and also LIVE ONLINE. See below for registration information.

Panelists for the event:

  • Joan Engebretson, Executive Editor, Telecompetitor
  • Mari Silbey,  Senior Director of Partnerships and Outreach, US Ignite
  • Chris Mitchell, Director, Community Broadband Networks Initiative
  • Drew Clark (moderator), Editor and Publisher of Broadband Breakfast

  • Joan Engebretson (Moderator of Topic 2) has been writing about technology and telecommunications since 1992. She is currently executive editor for Telecompetitor, a news website focused on broadband. Joan has a BA in journalism and an MBA from the University of Michigan. She has won awards for her commentary from the American Society of Business Publication Editors and in min’s Editorial and Design awards.
  • Mari Silbey (Moderator of Topic 4) is Senior Director of Partnerships and Outreach for US Ignite, and Program Director for the Platforms for Advanced Wireless Research (PAWR) program, a $100 million initiative funded by the National Science Foundation and a consortium of more than 30 wireless companies and associations. Mari has 20 years of experience in communications and technology. She has worked previously as a writer, analyst and consultant in the private sector, and as a journalist covering broadband and wireless infrastructure.
  • Chris Mitchell (Moderator of Topic 3) is Director of the Institute for Local Self Reliance’s Community Broadband Network Initiative. His work focuses on helping communities ensure that the telecommunications networks upon which they depend are accountable to the community. He was honored as one of the 2012 Top 25 in Public Sector Technology by Government Technology, which honors the top “Doers, Drivers, and Dreamers” in the nation each year. Originally published on MuniNetworks.org, this piece is part of a collaborative reporting effort between Broadband Breakfast and the Community Broadband Networks program at ILSR.
  • Drew Clark (Moderator of Topic 1, and of this preview session), Editor and Publisher of Broadband Breakfast, also serves as Of Counsel to The CommLaw Group. He has helped fiber-based and fixed wireless providers negotiate telecom leases and fiber IRUs, litigate to operate in the public right of way, and argue regulatory classifications before federal and state authorities. He has also worked with cities on structuring Public-Private Partnerships for better broadband access for their communities. As a journalist, Drew brings experts and practitioners together to advance the benefits provided by broadband, and – building off his work with Broadband Census – was appointed Executive Director of the Partnership for a Connected Illinois under Gov. Pat Quinn. He is also the President of the Rural Telecommunications Congress.

WATCH HERE, or on YouTubeTwitter and Facebook

Digital Infrastructure Investment 2021 will take place at the Broadband Communities Summit, and online, on Monday, September 27, 2021. 

Join the Broadband Breakfast Club and Register for the LIVE ONLINE version of Digital Infrastructure Investment 2021 for the Member’s Rate of $149. First month of Broadband Breakfast Club Membership included.

REGISTER NOW

This pathbreaking event brings the broadband infrastructure and financial services communities together to focus on the digital infrastructure and investment asset profile, including fiber, small cells, towers and data center assets required to support a 21st Century information economy.

The annual Digital Infrastructure Investment conference unites infrastructure investment fund managers, institutional investors, private equity and venture capitalists with senior broadband leaders and brings clarity to the next business model for advanced digital infrastructure.

Agenda for Digital Infrastructure Investment 2021

  • Introduction and Logistics for In-Person and Remote Attendees – 1:00 p.m. ET / 12:00 p.m. CT
  • Industry Keynote: What is Digital Infrastructure Investment? – 1:10 p.m. ET / 12:10 p.m. CT
  • Topic 1: Infrastructure Investment Funds – 1:35 p.m. ET / 12:35 p.m. CT
    • How will the Biden Administration’s broadband infrastructure package influence institutional investors? Will mergers and acquisitions accelerate in telecom?
    • Panelists:
      • Ryan Carr, Partner, MC Partners
      • Tom Coverick, Managing Director, Keybanc Capital Markets
      • Lindsay Miller, Partner, Ice Miller LLP
      • James Wagar, Partner, Frontbridge Capital
      • Drew Clark (moderator), Editor and Publisher, Broadband Breakfast
  • Broadband Breakfast Presentation: Lit Communities – 2:20 p.m. ET / 1:20 p.m. CT
  • Topic 2: Last Mile Digital Infrastructure – 2:30 p.m. ET / 1:30 p.m. CT
    • Ownership models are evolving. Who will play the lead role in constructing? What entities, including cities, will own digital assets? Who will manage the networks?
    • Panelists:
      • Monica Webb, Senior Director, Market Development and Strategic Partnerships, Ting Internet
      • John Burchett, Head of Public Policy, Government and Community Relations, Google Access and Google Fiber
      • Carter Old, Co-founder, President and Chief Growth Officer, Tachus LLC
      • Ramiro Gonzalez, Director of Government and Community Affairs, City of Brownsville
      • Julie Wheeler, President Commissioner, York County, PA
      • Joan Engebretson (moderator), Executive Editor, Telecompetitor 
  • Interactive Session with Broadband Breakfast and BroadbandNow – 3:15 p.m. ET / 2:15 p.m. CT
  • Break (10 minutes) – 3:30 p.m. ET / 2:30 p.m. CT
  • Policy Keynote Address: A Vision for Digital Infrastructure Investment – 3:40 p.m. ET / 2:40 p.m. CT
  • Broadband Breakfast Presentation: Render Networks – 4:05 p.m. ET / 3:05 p.m. CT
  • Broadband Breakfast Presentation: California Emerging Technology Fund – 4:10 p.m. ET / 3:10 p.m. CT
  • Topic 3: Public-Private Partnerships – 4:15 p.m. ET / 3:15 p.m. CT
    • Municipalities are becoming a leading voice in new digital infrastructure projects. How has their role changed the conversations around public-private partnerships?
    • Panelists:
      • Matt Schmit, Director, Illinois Office of Broadband
      • Chris Walker, Senior Executive Director of Infrastructure Strategy, Northwest Open Access Network
      • Nate Walowitz, Regional Broadband Program Director, Northwest Colorado Council of Governments
      • Sunne Wright McPeak, President and CEO, California Emerging Technology Fund
      • Chris Mitchell (moderator), Director, Community Broadband Networks Initiative
  • Broadband Breakfast Presentation: UTOPIA Fiber – 5:00 p.m. ET / 4:00 p.m. CT
  • Broadband Breakfast Presentation: SiFi Networks – 5:05 p.m. ET / 4:05 p.m. CT
  • Broadband Breakfast Presentation: Positron Access – 5:10 p.m. ET / 4:10 p.m. CT
  • Topic 4: The Future of Shared Infrastructure – 5:15 p.m. ET / 4:15 p.m. CT
    • Cellular towers were once proprietary, before carriers partnered with infrastructure owners. Will 5G deployment accelerate the deployment of shared real estate facilities?
    • Panelists:
      • Jonathan Adelstein, President and CEO, Wireless Industry Association 
      • Deborah Simpler, Co-founder and CEO, Althea Networks
      • Mari Silbey (moderator),  Senior Director of Partnerships and Outreach, US Ignite
  • Conference Conclusion – 6:00 p.m. ET / 5:00 p.m. CT

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

Continue Reading

#broadbandlive

Broadband Breakfast on Wednesday, September 15, 2021 — A ‘Consumer Confidence’ Survey for Broadband

BroadbandNow launches a “consumer confidence” survey.

Published

on

Our Broadband Breakfast Live Online events take place every Wednesday at 12 Noon ET. You can watch the September 15, 2021, event on this page. You can also PARTICIPATE in the current Broadband Breakfast Live Online event. REGISTER HERE.

Wednesday, September 15, 2021, 12 Noon ET — BroadbandNow Presents a ‘Consumer Confidence’ Survey for Broadband

As part of its efforts to provide the latest research on the social, economic and political issues contributing to the digital impact and the impact of broadband on everyday life, BroadbandNow is launching a new survey among broadband leaders enthusiasts. Think of this as a “consumer confidence” survey for broadband.

Recently, there have been many changes regarding broadband at the federal, state, local and industry levels. BroadbandNow and Broadband Breakfast aim to launch the survey at a presentation during Digital Infrastructure Investment 2021, a mini-conference at the Broadband Community Summit in Houston, Texas, from September 27-30, 2021.

Join us on September 15, 2021, for this special Broadband Breakfast Live Online preview of the survey with John Busby, Managing Director of BroadbandNow, and Drew Clark, Editor and Publisher of Broadband Breakfast.

Panelists for the event:

  • John Busby, Managing Director of BroadbandNow
  • John B. Horrigan, Senior Fellow, Benton Institute on Broadband & Society
  • Drew Clark (moderator), Editor and Publisher of Broadband Breakfast

Panelist resources:

  • John Busby is the Managing Director of BroadbandNow.com, where millions of consumers find and compare local internet options and independent research is published about the digital divide. Prior to BroadbandNow, John held senior leadership positions at Amazon and Marchex. John holds a Bachelor’s Degree from Northwestern University.
  • John B. Horrigan, Ph.D., is Senior Fellow at the Benton Institute on Broadband & Society, with a focus on technology adoption and digital inclusion. Horrigan has served as an Associate Director for Research at the Pew Research Center and Senior Fellow at the Technology Policy Institute. During the Obama Administration, Horrigan was part the leadership team at the Federal Communications Commission for the development of the National Broadband Plan (NBP).
  • Drew Clark, Editor and Publisher of Broadband Breakfast, also serves as Of Counsel to The CommLaw Group. He has helped fiber-based and fixed wireless providers negotiate telecom leases and fiber IRUs, litigate to operate in the public right of way, and argue regulatory classifications before federal and state authorities. He has also worked with cities on structuring Public-Private Partnerships for better broadband access for their communities. As a journalist, Drew brings experts and practitioners together to advance the benefits provided by broadband, and – building off his work with Broadband Census – was appointed Executive Director of the Partnership for a Connected Illinois under Gov. Pat Quinn. He is also the President of the Rural Telecommunications Congress.

BroadbandNow is a data aggregation company helping millions of consumers find and compare local internet options. BroadbandNow’s database of providers, the largest in the U.S., delivers the highest-value guides consisting of comprehensive plans, prices and ratings for thousands of internet service providers. BroadbandNow relentlessly collects and analyzes internet providers’ coverage and availability to provide the most accurate zip code search for consumers.

See also:

WATCH HERE, or on YouTubeTwitter and Facebook

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

Continue Reading

#broadbandlive

Broadband Breakfast on September 1, 2021 — What’s Next for Broadband Infrastructure Legislation?

The bipartisan infrastructure framework faces hurdles before it because law. We’ll discuss the process in Congress.

Published

on

See “Citing Flexibility, Broadband Breakfast Panelists Double-Down in Support for Infrastructure Bill,” Broadband Breakfast, September 1, 2021

Our Broadband Breakfast Live Online events take place every Wednesday at 12 Noon ET. You can watch the September 1, 2021, event on this page. You can also PARTICIPATE in the current Broadband Breakfast Live Online event. REGISTER HERE.

Wednesday, September 1, 2021, 12 Noon ET — What’s Next for Broadband Infrastructure Legislation?

Though it may have passed in the Senate, the bipartisan infrastructure framework still faces hurdles before it can be put into law. How much money can broadband expansion expect to see? Will we see a return of reverse auctions? What kind of obstacles will the bill face?

Join us on September 1, 2021 where we will discuss all of this and more during our Broadband Breakfast Live Online event!

Panelists for this Broadband Breakfast Live Online session:

  • Molly O’Leary, Director of Government Affairs, NTCA – The Rural Broadband Association
  • Jonathan S. Adelstein, President and CEO, Wireless Industry Association
  • Matthew Polka, President and CEO, ACA Connects
  • Chip Pickering, CEO, INCOMPAS
  • Gary Bolton, President and CEO, Fiber Broadband Association
  • Drew Clark (moderator), Editor and Publisher, Broadband Breakfast

Panelist resources:

  • Molly O’Leary serves as Director of Government Affairs, NTCA, The Rural Broadband Association, and advocates in Congress and at the U.S. Department of Agriculture to influence legislative and regulatory policy on behalf of NTCA members. Prior to joining NTCA, O’Leary worked in the U.S. Senate as a policy advisor to Sen. Tina Smith, D-Minn., on telecommunications, appropriations and native affairs. She previously served as a legislative aide to Sen. Al Franken (D-Minn.) for his position on the Senate Judiciary Committee.
  • Jonathan S. Adelstein has headed Wireless Industry Association since 2012, representing the businesses that build, develop, own, and operate the nation’s wireless infrastructure. He is a former Commissioner of the Federal Communications Commission and Administrator of the U.S. Department of Agriculture’s Rural Utilities Service. He previously served 15 years on the U.S. Senate staff, culminating as a senior legislative advisor to Majority Leader Tom Daschle.
  • Matt Polka is the President and CEO of ACA Connects – America’s Communications Association (ACA), a 700-member Washington, D.C., trade and federal advocacy association of independent, smaller- and medium-sized broadband, cable and phone businesses.  ACAC members serve more than 10 million subscribers in smaller/rural markets and competitive areas in all 50 states.  Matt has been with the organization since 1993.
  • Chip Pickering is the CEO of INCOMPAS and has done so since 2014. He is also a former representative of Mississippi’s 3rd congressional district. He holds a BBA from the University of Mississippi and an MBA from Baylor University.
  • Gary Bolton serves as president and CEO of the Fiber Broadband Association — the largest trade association dedicated to all-fiber-optic broadband. Prior to FBA, Gary held executive management positions at two successful venture-backed high-tech start-ups as well as at large publicly traded companies in marketing, product line management and public policy. Gary is currently an adjunct professor in business administration and management science at the University of Alabama in Huntsville and he holds an MBA from Duke University and a BS in Electrical Engineering from North Carolina State University.

WATCH HERE, or on YouTubeTwitter and Facebook

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

Continue Reading

Recent

Signup for Broadband Breakfast

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

Trending