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Written by D. Eric Franks
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Friday, 03 July 2009 10:23 |
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Fellow Americans,
Happy Birthday America, but this is no time to relax. Make sure your guns are oiled and ready (and safely locked up) and ratchet up your (mock ) outrage, because the Evil Bureaucracy known as the US Copyright Office is going to increase fees on August 1, 2009! This violates the core principles of the US Constitution, as laid out in Article 1, Section 8. Those sacred words, written in 1776, say nothing about fees, and, since Copyright is the only right in the body of the Constitution, I for one believe this to be yet another attempt by the Obama Administration to raise taxes and expand government. So get out your poster paint, strap on your "Don't Tread on Me" sneakers and I'll see you at the Tea Party tomorrow at noon!
Hehe. I love a good rant, but if Glenn Beck weeps about this on TV tomorrow, remember you heard it here first. There are so many things wrong with that little paragraph, however. For one, the US Constitution was written in 1787. For another, fees aren't taxes. Oh, and the "fee adjustments" are only proposed, so while I suspect the Congress will just rubber stamp these changes, I suppose it is possible that someone could copy the first paragraph of this article waaaay out of context and send it around the Internets and get some idiot in the House to raise a stink about this. Perhaps most importantly:
For almost all of us, the Copyright filing fees will not increase.
As I note briefly starting on p. 190 of my book, the easiest way to file for Copyright is to fill out a form online electronically. That's how I do it and I assume that's how you do it, too. Then, since most of us modern content creators are working in digital multimedia formats, you upload your files to the Office yourself. Or you can burn a CD or DVD and mail it to them. "The fee for electronic filing... remains at $35."
For Harlan Ellison, who still writes his stories and books on old fashioned Olympia typewriters, the filing fee for submitting paper documents is going to go up. "To process these forms, the Office must digitize, manually enter and verify the information provided in the form, and process the accompanying check or money order even before the substantive review of the claim begins. This is a labor-intensive process resulting in increased processing costs. The Office proposes a higher fee of $65 to recover the greater cost."
So fees will increase if you fill out a paper form (using a typewriter or a pen) and are submitting vinyl albums or films on celluloid, but it looks like these increases reflect the cost of the service provided. What a concept: collect enough revenue to fund whatever services you want. Sounds reasonable to me.
References:
* Analysis and Proposed Copyright Fee Adjustments to Go into Effect on or about August 1, 2009, US Copyright Office
* h/t to contributor Jeff Whitley - thanks!
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Written by D. Eric Franks
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Thursday, 02 July 2009 00:00 |
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Excellent extended analysis of YouTube's business model, why it is doomed to failure and, more generally, why Information Can't Be Free (and certainly not in the sense that Chris Anderson suggests). I'd summarize and steal the free content and post it here, except that I agree with the conclusion of Malcolm Gladwell: Free doesn't work as a business model. When stated that way, yea, it seems obvious, but go read Mr. Gladwell's piece at The New Yorker so that whatever the hell their business model is gets a few pennies, then go read Henry Blodget's analysis of the analysis, which brings up some other examples and is a good read, so that his publication gets whatever it gets when you click on it and read it. The discussion then rages on elsewhere. Fascinating.
As for Videopia, which should be considered an aggregator with some original content, I get nothing from you reading this, so go buy my book. And, incidentally, since my business model sucks, I will say that I believe in finding trusted aggregators for all of your news and think good aggregators are more important than is commonly believed today. The Internet is choke-full-o-crap and aggregators are extremely useful and powerful information filters. We need original reporting, to be certain, and there is a crisis there that needs to be fixed (with money, of course, but from where I don't know), but we also need trusted, reliable, knowledgeable filters.
References:
* Priced to Sell: Is Free the Future?, Malcolm Gladwell, The New Yorker, July 6, 2009.
* Malcolm Gladwell: Chris Anderson Is Wrong About "Free", Henry Blodget, Silicon Alley Insider, Jun. 29, 2009.
* The Debate Continues
* And continues some more... (salon.com)
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Written by D. Eric Franks
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Monday, 29 June 2009 19:30 |
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One consequence of the DTV transition some weeks ago was a rather large change in the wireless microphone spectrum. Granted, everyone has known about (and been preparing for) these changes for a dozen years now and it's not like anyone noticed when the switch was officially thrown, but it is true that a change took place.
The fundamental issue for wireless microphone users (videographers, stage musicians, repertoire theaters, conference halls, etc.) is that these devices have operated in a sort of gray area for decades now (actually, officially know as "white spaces"). They occupy "open" bandwidth and while technically the FCC should either allocate bandwidth to the devices or require some sort of license to operate them, the unofficial policy for decades has simply been to ignore the issue. Under the status quo, the FCC doesn't have to spend a ton of money, have a bunch of boring meetings and get official policy passed and wireless mic users can do their thing and everyone is happy. The problem is that there are other devices in that same spectrum (notably medical devices) and, now that the DTV switch has created a bandwidth landrush, people are paying attention to what's been ignored for so long. Specifically at issue today is the 700MHz band.
I don't know if this is generally controversial, but Shure microphones sure *ahem* certainly cares, since it apparently has devices in that bandwidth that it wants to continue selling. Specifically, Shure is objecting to a proposal that wireless mics be deemed co-equal to newly emerging unlicensed devices (Part 15 status, apparently). The short of it is that by officially making wireless mics in this bandwidth "unlicensed," this means they have to "accept" interference, which, theoretically could render them useless. Shure further asserts that this change would contradict the FCC's "...long-standing mandate to protect incumbent users of ‘white spaces’ spectrum...” Did I mention that the proposed change comes from Verizon? So while I really want to side with Shure as the underdog fighting the giant corporate interest, I can see both sides here. First, Shure (and other wireless mics) have enjoyed more or less unofficial protection via a "long-standing mandate" and their business depends on the FCC not changing this. And there are a lot of us that own wireless gear that we depend on for our livelihood. Still, Verizon is also right when it points out that the FCC auctioned off this bandwidth and Verizon paid a bunch of money for it and they are right that it's probably time to hammer out an official policy on this. I'm guessing Verizon's proposal is not what's best for consumers (or wireless mic manufacturers), but something probably needs to be done. I'm glad I'm not the freakin' FCC.
References:
* EX PARTE COMMENTS OF SHURE INCORPORATED (very exciting FCC filing)
* Shure Objects to Clearing Out of 700 MHz
* Dangerously High Levels Destroying Television
* The Threat to Wireless Mics
* FCC Auction Wraps Up
* h/t to reader Bohus Blahut for the lead - thanks!
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Written by D. Eric Franks
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Monday, 29 June 2009 12:35 |
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After DECADES of bait-n-switch consumer electronics scams, the Attorney General of the great state of New York has shut down or crippled the worst of the worst, consumer electronics retail scammers, including Camera Wiz, Sonic Photo, Best Price Camera, Foto Connection, 1 Way Photo, 86th Street Photo and Broadway Photo, LLC (ugh, my gag reflex kicked in just writing that list - and there are about 100 aliases, too). We've covered this topic in text and video here at videopia.org, but these scams go back much further and so it's about time that someone did something about this.
“These companies engaged in the worst kinds of consumer fraud, from classic bait-and-switch schemes to blatant lies and bullying sales tactics,” said Attorney General Andrew Cuomo. “Today’s agreements will protect consumers nationwide from these types of predatory online merchants, as well as deliver much-needed restitution to hundreds of individuals who fell victim to these illegal practices. Let this be a message to online merchants everywhere: such abuse of consumers and violation of the law will not be tolerated.”
So the question remains: Will these clowns now pack up their phone banks and move across the river? Hard to say without taking a survey of the situation on a state-by-state basis, but other states have had laws in place for many decades now. "Bait and switch sales tactics have long been prohibited by Michigan's Deceptive Advertising Law and the Consumer Protection Act enacted in 1976," according to the author of that Act, Michigan Assistant Attorney General-in-Charge of the Consumer Protection Division Edward M. Bladen, Esq. With any luck, Michigan's pioneering 33-year old law represents the norm and not the exception.
References:
* ATTORNEY GENERAL CUOMO SECURES AGREEMENTS WITH SEVEN ELECTRONICS
COMPANIES IN NEW YORK FOR USING ILLEGAL ONLINE BUSINESS PRACTICES TO
SCAM CONSUMERS NATIONWIDE, (colossally poorly formatted, but original source material from gov_wire, I'll update this with a primary source when the OAG-NY does)
* h/t to Jeff Whitley for posting this first!
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