Showing posts with label Mills Metz Law. Show all posts
Showing posts with label Mills Metz Law. Show all posts

Monday, November 24, 2014

Internet service providers (ISPs) to restrict the best access or to pick winners and losers in the online marketplace for services and ideas.”

According to this definition from Oxford Dictionaries net neutrality is “…the principle that Internet service providers should enable access to all content and applications regardless of the source, and without favoring or blocking particular products or websites.”

Do you support this idea? We know the President does.


“Net neutrality,” President Obama said in a recent statement, “has been built into the fabric of the Internet since its creation — but it is also a principle that we cannot take for granted. We cannot allow Internet service providers (ISPs) to restrict the best access or to pick winners and losers in the online marketplace for services and ideas.” The President wants to eliminate paid prioritization of content providers on the Internet, stating that “…no service should be stuck in a “slow lane” because it does not pay a fee. That kind of gatekeeping would undermine the level playing field essential to the Internet’s growth. So, as I have before, I am asking for an explicit ban on paid prioritization and any other restriction that has a similar effect.”

Which is all great news for Netflix andYouTube. But, unfortunately, bad news for you and me.

Last week it was reported by the #Cyber Business Bureau that Netflix consumed approximately 35% of all broadband traffic in the U.S. and Canada. In fact, both Netflix and YouTube combined take up half of the Internet’s bandwidth. Half! So wait…these companies shouldn’t pay more? In a world of net neutrality, this would all be OK. They would not be charged any more for faster lanes or special access. Our largest internet service providers, like Comcast and Verizon, would be required to let them consume as much as they want for the same price that you and I pay. And so the argument for net neutrality weakens. For two big reasons.

Net neutrality will curtail our Internet access, speed and performance. I loveHouse of Cards, but what about my neighbor who’s not a Kevin Spacey fan or a Netflix subscriber? Should she be punished with slower Internet speeds caused by bottlenecks because she’s battling for half of what’s left? And just because those around her choose to subscribe to Netflix and stream movies and she did not? And who’s to say that in a few years other services like Netflix won’t appear (Facebook? Snapchat?) that will consume even more bandwidth. Or, let’s suppose you’re staying in a hotel (or you’re on a plane) where everyone pays the same for Internet access, except there’s one guy in room 805 who’s hogging up 50% of the bandwidth watching God knows what. With net neutrality, he would have the right to the same bandwidth as you do and would pay the same. Except he’s abusing his right. And you’re suffering with slower speeds and less productivity.

Net neutrality will increase our costs. The President wants to treat the Internet as a utility. Except that the Internet cannot yet be treated as a utility because it’s not billed as a utility. If it were billed as a utility, you and your business would be paying for usage/downloads/uploads instead of a flat monthly fee. Far richer companies like Netflix, YouTube and others on the horizon would be allowed to consume as much of it as they want and pay the same fees you and I are paying. This is not equal. This is not neutral. This is a bad idea. And a costly one for companies like mine.

Is this fair? Is this neutral? It’s really not. The world is not neutral. And it’s not equal. It’s competitive. And companies are competing everywhere where space, whether it’s real estate, market share or Internet bandwidth is valuable. This is why there are $8 million studio apartments in New York City and why a 30 second advertisement on the Super Bowl costs $4 million.

I don’t trust Comcast any more than you do so here’s a better idea than calling the Internet a utility: regulate them more.  Let them run the Internet, let them keep investing and let them profit. Let them provide “fast lanes” for an extra fee to those data hungry companies that need it. Require them to provide a basic level of service to everyone else. Have a set of rules on what’s allowed or not allowed and let the FCC (along with regional “charter” boards similar to what we once had with cable systems) execute. Make sure there’s a process for consumers and small businesses to bring their complaints to the right authorities and give the FCC the power to enforce those rules.

Netflix and YouTube love net neutrality. I’m not a fan.

By, Adam Barish, #AB

millsmetzlaw.com
cyberbusinessbureau.org
People please remember one thing.
"Trust Can NOT be bought... That MUST be Earned..."

Friday, November 21, 2014

http://www.millsmetzlaw.com/does-a-poor-man-copyright-really-protect-my-work-by-hilary-metz/

Miami Entertainment Attorneys
copyright-protection

Does a poor man Copyright really protect my work? by Hilary Metz

This is a question I get ALL the time, like clockwork on a weekly basis, from people writing books, to people writing blogs, to songwriters.
The following is a very brief, and mind you Title 17 of the U.S. code is extensive, not to mention various elements that lead to litigation, and the laws surrounding copyright are changing constantly.
Three criteria must be met in order for a work of authorship to be protected by copyright:
1)  The work must be original,
2) The work must be fixed in a tangible medium of expression,
3) It must have a least some creativity.
Some non-exclusive means of copyright ownership are:
1) Initial Copyright Ownership vests in the author or authors of the work. The authors of a joint work are co-owners of copyright in the work.
2) Works Made for Hire result when an employer or other person for whom the work was prepared is considered the author, unless the parties have expressly agreed otherwise, in a written instrument signed by them.
3) Contributions to Collective Works occur when there are separate contributions to a collective work that are distinct from the copyright in the collective work as a whole, and vests initially in the author of the contribution.
A common misnomer is that you have to register your work with the Library of Congress in order to have copyright protection.  However, a creative work is protected by copyright from the time the author fixes the work into a tangible form.  Registering your copyright with the U.S. Copyright Office is not necessary to obtain basic copyright protection.
If you choose not to register your work with the Library of Congress you should attempt to protect your work by placing the copyright symbol next to your work, © (year of publication) (Author).  If you publish and distribute your work to the public, placing this notice on your work prevents others from claiming that they did not know that the work was covered by copyright.  The © symbol can become extremely important to the author if the author suspects infringement.  If the author has clearly displayed the © symbol and finds a law suit is needed then the author will be able to claim that the infringement was deliberate.
Most people have heard the term poor man copyright.  Some people believe that by mailing a copy of their work to themselves and leaving it sealed they will have the same protection as if they had registered it with the Library of Congress.  The main problem that results from this concept is where a suit for infringement is initiated.  It is hard to prove that an envelope was never opened and replaced with different contents…..hence the presumption of ownership and protection given when your work is registered with the Library of Congress.
For questions on transferring your copyright interests, the length of time your work is protected by copyright, copyright infringement, royalties, derivative works, publication, damages as the result of copyright infringement, and co-author agreements for copyright, email Hilary Metz at HMetz@MillsMetzLaw.com

(c) 2014 Hilary Metz