M.E.L.O.N.

Will the PRO-IP Act Prove to be PRO-blematic?

by Shana Dines

Despite much controversy, President Bush signed into law the Prioritizing Resources and Organization for Intellectual Property Act of 2008, affectionately known as the PRO-IP Act, on October 13, 2008. 

The usual suspects were characteristically divided over the PRO-IP Act.  Big content owners (RIAA, MPAA) in the entertainment industry enthusiastically pushed the bill, while public interest groups (EFF, Public Knowledge) fiercely argued to have some of the most extreme provisions of the bill pulled. 

Another supporter of the act was the U.S. Chamber of Commerce, which reported that 40% of the nation's economic growth, more than $5 trillion, comes from intellectual property.  This includes music, movies, pharmaceuticals, fashion, and software, which together represent more than half of U.S. exports. 

Particularly in light of the current economic crisis, Congress and the President seemed eager to protect such a large portion of the economy.

Neither side got everything they asked for, however, both were relatively successful in reaching a compromise. 

Tech News: The More Things Change, Royalties Still Remain the Same

by Shana Dines

The debate over royalty rates for online music continues, but digital music is safe … for now.

Last week, the Copyright Royalty Board (CRB) established, for the first time, an industry-wide royalty rate for digital downloads of songs. 

They made the decision by not doing anything. 

The rate Apple had established, 9.1 cents per song, which is typically sold for 99 cents, is now frozen for the next 5 years. 

This royalty decision is considered to be a victory for Apple, who threatened the CRB to shut down iTunes Music Store if the rate increased, according to Fortune Magazine.  This was not meant as a negotiating ploy, but a fact of the matter that Apple, already operating on a minimal profit margin, simply could not afford a steep hike in royalty rates.

Tech News: Veoh Sails into "Safe Harbor"

by Shana Dines

In a previous article, we explained the Digital Millennium Copyright Act's "notice and takedown" and "safe harbor" provisions that were meant to insulate certain internet services from copyright infringement committed by their users. 

Viacom sued YouTube in early 2007, alleging that at least 150,000 clips on YouTube included content owned by Viacom that had been viewed at least 1.5 billion times, in total.  Viacom further condemned YouTube for profiting from a "massive copyright infringement."

Veoh, another online video site that offers a combination of licensed studio content and user-generated content, has also come under fire for hosting user-generated videos containing copyright infringements.  While Universal Music Group (UMG) has a case against Veoh still pending, Veoh recently won another case against them based on the safe harbor provision.

iTunes is getting iTaxed in Many States

by Shana Dines

The economy is in a recession.  Gas prices are up.  Mortgages are foreclosing.  But digital music sales are on the rise, with iTunes reportedly selling over 5 billion songs, to date. 

Not surprisingly, politicians have begun viewing the billion-dollar industry as a potential revenue generator for the government through taxation. 

Many states, including California, have tax laws that unintentionally protect digital downloads from taxing because of language written well before the internet was even envisioned.  However, a growing number of states have started (or will soon start) taxing digital music downloads, either through reinterpretation of existing tax laws or by passing new laws.

Tech News: New TLDs Will Stir Up .change

by Shana Dines

The Internet Corporation for Assigned Names and Numbers (ICANN) announced their unanimous decision to allow new generic top-level domains (gTLDs) last month. 

Generic top-level domains are the series of letters at the right end of a website address.  The most commonly used gTLDs are .com, and .org, while some restricted TLDs include .gov and .edu.  There are also country code TLDs, like .il for Israel and .au for Australia. 

This program, set to take effect in early 2009, could potentially add limitless new gTLDs to the realm of IP addresses.

The news comes to a mixture of reactions, ranging from fear to excitement to apathy.

Music Biz: MySpace Music

by Howie Cockrill

The music industry is all abuzz over the long-awaited announcement from MySpace executives that the social-networking behemoth is moving forward with extensive, formal integration of music into the website. 

MySpace’s initial focus as of the April 3rd launch is on bringing in major label content. 

MySpace has officially partnered with three of the four majors – Sony BMG, Universal and Warner.  EMI is expected to join up soon, with delays being attributed to recent management restructuring.

Editorial: Download + Subscription = Celestial Jukebox?

By Howie Cockrill, Esq.

The music, film and television industries can no longer refer to the current internet era as part of some kind of “revolution.”  The revolution is over.  Digital won.  The internet won.

The tired term “digital content revolution” still gets bandied about quite a bit.  Perhaps it is just easier to use this term than to think about what happens next. 

This is usually the biggest problem with revolutions – making sense of the aftermath.

No – we currently find ourselves in the post-revolution internet era, where the questions are no longer, “Will digital become the primary format?” or “Will the internet change the rules of the game?”

We know the answers to those questions, and so many others, which were the news headlines and industry panel topics from 1995 to 2005.

The immediate issue is how to survive – or in modern capitalist terms, how to “monetize.” 

The urgent question for content providers is no longer whether to offer content on the internet.  The question is how to do it.

And so the beating heart of the post-revolution debate has become “download versus subscription.”

Tech News: ICANN & Domain Names - Pt. 3

Welcome to Part 3 of this ICANN article.  Part 1 discussed the definitions of IP addresses, domain names and the Domain Name System.  Part 2 discussed the origins of ICANN, which manages the DNS. 

With all of this as background, let us now move (finally) to Part 3 – ICANN and new domain names.

Currently ICANN is considering the approval of new Generic Top Level Domains (gTLDs).

More accurately - ICANN is considering a new PROCESS for the approval of new gTLDs.

According to the ICANN website –

“The development of an appropriate process and policy for the creation of new generic top-level domains (gTLDs) is central to fostering choice and competition in the provision of domain registration services, and as such is critical to the promotion of ICANN’s core values. 

The questions to be addressed in the implementation of a new gTLD strategy…draw on technical, economic, operational, legal, public policy and other elements.”

Tech News: ICANN & Domain Names - Pt. 2

Following up on Part 1 of this article, in which I discuss the Domain Name System (DNS), IP Addresses and domain names, Part 2 explores the origins of ICANN, which is charged with the management of the DNS. 

(Part 3 will delve into a rising debate over ICANN’s approval of new Generic Top Level Domains (gTLDs).)

ICANN is a non-profit corporation based in Marina del Rey, California. 

Because of the U.S.’ pivotal role in the creation and development of the internet, the U.S. government essentially created ICANN.

In 1998, the U.S. National Telecommunications and Information Administration (NTIA) (part of the U.S. Department of Commerce) wanted to improve the management of domain names and IP Addresses. 

In its “Green Paper,” the NTIA proposed to create a private sector non-profit with an international board of directors.  ICANN was the result.

ICANN is run by a Board of Directors, which consists of 6 representatives from 3 Supporting Groups and 8 independent representatives.

Tech News: ICANN & Domain Names - Pt. 1

Have you ever typed in a domain name & wondered how it came to be? 

Probably not – when functioning & designed at its best, the internet provides a seamless form of data transfer. 

The information or content you are seeking out is just THERE – and as long as you can see it, hear it, watch it, or read it without problems, there is no need to question how the architecture of this system works. 

The beauty of advanced civilization is specialization – you don’t HAVE to know about internet architecture because there’s plenty of other people out there who do.

But the internet is supposed to provide a bottom-up democratization of information, right?  That depends on who you talk to. 

Regardless, just like a regular democracy – if you don’t understand how it works, it is hard to make it work for you & it is bound to work against you from time to time. 

So let us explore, at least superficially & simplistically, the workings of the DNS – the Domain Name System.

This article is divided into 3 parts.

Part 1:  discussion of IP addresses, domain names & the Domain Name System.

Part 2:  what is ICANN?

Part 3:  ICANN and the debate over a new approval process for domain names.