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	<title>A Copyfighter's Musings</title>
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	<link>http://blogs.law.harvard.edu/cmusings</link>
	<description>by Derek Slater</description>
	<lastBuildDate>Mon, 18 May 2009 05:28:40 +0000</lastBuildDate>
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		<title>Homes with very messy tails</title>
		<link>http://blogs.law.harvard.edu/cmusings/2009/05/17/homes-with-very-messy-tails/</link>
		<comments>http://blogs.law.harvard.edu/cmusings/2009/05/17/homes-with-very-messy-tails/#comments</comments>
		<pubDate>Mon, 18 May 2009 05:28:40 +0000</pubDate>
		<dc:creator>Derek Slater</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/cmusings/?p=3755</guid>
		<description><![CDATA[In Bucharest, neighborhoods formed their own networks in order to bypass incumbents and meet their own needs. Later, these networks transformed into small businesses.
My understanding is that the state of affairs is a bit different now, but these networks were quite normal 5 years ago.
]]></description>
			<content:encoded><![CDATA[<p>In Bucharest, neighborhoods <a href="http://blogs.nmscommunications.com/communications/2008/10/open-right-of-way-leads-to-ftth-galore-in-bucharest.html">formed</a> their own networks in order to bypass incumbents and meet their own needs. Later, these networks transformed into small businesses.</p>
<p>My understanding is that the state of affairs is a bit different now, but these networks were quite normal 5 years ago.</p>
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		<title>Homes with incredibly short tails</title>
		<link>http://blogs.law.harvard.edu/cmusings/2009/05/17/homes-with-incredibly-short-tails/</link>
		<comments>http://blogs.law.harvard.edu/cmusings/2009/05/17/homes-with-incredibly-short-tails/#comments</comments>
		<pubDate>Mon, 18 May 2009 05:18:12 +0000</pubDate>
		<dc:creator>Derek Slater</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/cmusings/?p=3751</guid>
		<description><![CDATA[Not quite the same as what Tim Wu and I proposed. 
But this is  a neat demonstration of why ownership is attractive to consumers, and could be attractive to carriers.
&#8220;In addition to entering an area with tremendous support already lined up, Lyse also does something innovative: it allows prospective customers to dig their own fiber [...]]]></description>
			<content:encoded><![CDATA[<p>Not quite the same as what Tim Wu and I <a href="http://blogs.law.harvard.edu/cmusings/2008/11/20/homes-with-tails-the-paper/">proposed. </a></p>
<p><a href="http://blogs.law.harvard.edu/cmusings/2008/11/20/homes-with-tails-the-paper/"></a>But this is  <a href="http://arstechnica.com/tech-policy/news/2009/05/norwegian-isp-dig-your-own-fiber-trench-save-400.ars">a neat demonstration</a> of why ownership is attractive to consumers, and could be attractive to carriers.</p>
<blockquote><p>&#8220;In addition to entering an area with tremendous support already lined up, Lyse also does something innovative: it allows prospective customers to dig their own fiber trenches from the street to their homes. In return, customers can save about $400. &#8220;They can arrange things just the way they want,&#8221; says Herbjørn Tjeltveit of Lyse, which makes for happier customers; apparently, nothing angers a Norwegian more than having some faceless corporation tunnel through his flower garden.</p>
<p>&#8220;The scheme also appeals to a Norwegian sense of thrift and do-it-yourselfness, says Tjeltveit, and he speculates that it has an additional benefit: customers who put some sweat equity into bringing their Internet connection from the street to the basement are more likely to be invested in the product and the company. (The obvious downside is that passionate customers are more likely to complain whenever they see shortcomings in the product.)</p>
<p>&#8220;So far, 80 percent of all customers have elected to do their own trenching, following the instructions and timeframe provided by the company. A technical team still has to come out to pull the fiber from the street through the ducting to the house and then make the proper termination, but much of the tough manual labor is avoided.</p>
<p>&#8220;A new fiber deployment can certainly be expensive, but Lyse has insulated itself from much of the risk. The model works, too; the company is now the main fiber-to-the-home provider in Norway, where it covers half the municipalities, and its customer churn rate has stayed quite low. As for the future, Lyse can ramp up the speed dramatically once all that precious fiber is in the ground; its partners are already testing both 100Mbps and 1,000Mbps connections.&#8221;</p></blockquote>
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		<title>Freedom to Connect 2009: The Emerging Internet Economy</title>
		<link>http://blogs.law.harvard.edu/cmusings/2009/02/24/freedom-to-connect-2009-the-emerging-internet-economy/</link>
		<comments>http://blogs.law.harvard.edu/cmusings/2009/02/24/freedom-to-connect-2009-the-emerging-internet-economy/#comments</comments>
		<pubDate>Tue, 24 Feb 2009 19:14:40 +0000</pubDate>
		<dc:creator>Derek Slater</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/cmusings/?p=3750</guid>
		<description><![CDATA[
I&#8217;ll be speaking on Homes with Tails, or Measurement Lab, or something else. In any case, I&#8217;ll be there, and you should too.
F2C: Who, What, When, Where, Why
http://www.freedom-to-connect.net
WHO: F2C is a meeting of people engaged with Internet connectivity and all that it enables, including
    * vendors,
    * customers,
    * regulators,
    * legislators,
    * analysts,
    * [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://freedom-to-connect.net/"><img src="http://isen.com/art/F2CBadge.jpg" alt="" /></a></p>
<p>I&#8217;ll be speaking on Homes with Tails, or Measurement Lab, or something else. In any case, I&#8217;ll be there, and you should too.</p>
<p>F2C: Who, What, When, Where, Why<br />
<a href="http://www.freedom-to-connect.net">http://www.freedom-to-connect.net</a></p>
<p>WHO: F2C is a meeting of people engaged with Internet connectivity and all that it enables, including</p>
<p>    * vendors,</p>
<p>    * customers,</p>
<p>    * regulators,</p>
<p>    * legislators,</p>
<p>    * analysts,</p>
<p>    * financiers,</p>
<p>    * citizens and</p>
<p>    * co-creators.</p>
<p>F2C is shaped by universal connectivity and the plunging capital requirements of information production, which, in turn, are changing many of our fundamental economic and social assumptions.</p>
<p>WHAT: A two-day meeting inside the beltway where the creators of the future of the Internet meet to engage in mutual learning and exploration.</p>
<p>WHEN: 8:00 AM on March 30 through 5:00 PM on March 31, 2009. List of confirmed speakers and bare-bones program here.</p>
<p>WHERE: AFI Silver Theatre, Silver Spring MD. More travel, lodging and venue details here.</p>
<p>WHY: It is written that Freedom of the Press is only for those with presses. The Internet now makes Freedom of the Press available to about 3,000,000,000 people, almost half of Earth’s humans. At F2C: Freedom to Connect, we explore how this changes the fundamental operating assumptions of society, and ask, “What next?”</p>
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		<title>Introducing Measurement Lab</title>
		<link>http://blogs.law.harvard.edu/cmusings/2009/01/28/introducing-measurement-lab/</link>
		<comments>http://blogs.law.harvard.edu/cmusings/2009/01/28/introducing-measurement-lab/#comments</comments>
		<pubDate>Wed, 28 Jan 2009 20:18:05 +0000</pubDate>
		<dc:creator>Derek Slater</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/cmusings/?p=3749</guid>
		<description><![CDATA[(Cross-posted from Official Google Blog)
Posted by Vint Cerf, Chief Internet Evangelist, and Stephen Stuart, Principal Engineer
When an Internet application doesn&#8217;t work as expected or your connection seems flaky, how can you tell whether there is a problem caused by your broadband ISP, the application, your PC, or something else? It can be difficult for experts, [...]]]></description>
			<content:encoded><![CDATA[<p>(<a href="http://googleblog.blogspot.com/2009/01/introducing-measurement-lab.html">Cross-posted from Official Google Blog</a>)</p>
<p><span class="byline-author">Posted by Vint Cerf, Chief Internet Evangelist, and Stephen Stuart, Principal Engineer</span></p>
<p>When an Internet application doesn&#8217;t work as expected or your connection seems flaky, how can you tell whether there is a problem caused by your broadband ISP, the application, your PC, or something else? It can be difficult for experts, let alone average Internet users, to address this sort of question today.</p>
<p>Last year we asked a small group of academics about ways to advance network research and provide users with tools to test their broadband connections. Today Google, the <a href="http://www.newamerica.net/">New America Foundation</a>&#8217;s Open Technology Institute, the <a href="http://www.planet-lab.org/">PlanetLab Consortium</a>, and academic researchers are taking the wraps off of <a href="http://www.measurementlab.net/">Measurement Lab</a> (M-Lab), an open platform that researchers can use to deploy Internet measurement tools.</p>
<p>Researchers are already developing tools that allow users to, among other things, measure the speed of their connection, run diagnostics, and attempt to discern if their ISP is blocking or throttling particular applications. These tools generate and send some data back-and-forth between the user&#8217;s computer and a server elsewhere on the Internet. Unfortunately, researchers lack widely-distributed servers with ample connectivity. This poses a barrier to the accuracy and scalability of these tools. Researchers also have trouble sharing data with one another.</p>
<p>M-Lab aims to address these problems. Over the course of early 2009, Google will provide researchers with 36 servers in 12 locations in the U.S. and Europe. All data collected via M-Lab will be made publicly available for other researchers to build on. M-Lab is intended to be a truly community-based effort, and we welcome the support of other companies, institutions, researchers, and users that want to provide servers, tools, or other resources that can help the platform flourish.</p>
<p>Today, M-Lab is at the beginning of its development. To start, <a href="http://www.measurementlab.net/measurement-lab-tools">three tools</a> running on servers near Google&#8217;s headquarters are available to help users attempt to diagnose common problems that might impair their broadband speed, as well as determine whether BitTorrent is being blocked or throttled by their ISPs. These tools were created by the individual researchers who helped found M-Lab. By running these tools, users will get information about their connection and provide researchers with valuable aggregate data. Like M-Lab itself these tools are still in development, and they will only support a limited number of simultaneous users at this initial stage.</p>
<p>At Google, we care deeply about sustaining the Internet as an open platform for consumer choice and innovation. No matter your views on net neutrality and ISP network management practices, everyone can agree that Internet users deserve to be well-informed about what they&#8217;re getting when they sign up for broadband, and <a href="http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280909A3.doc">good data is the bedrock of sound policy</a>. Transparency has always been crucial to the success of the Internet, and, by advancing network research in this area, M-Lab aims to help sustain a healthy, innovative Internet.</p>
<p>You can learn more at the <a href="http://www.measurementlab.net/about">M-Lab website</a>. If you&#8217;re a researcher who&#8217;d like to deploy a tool, or a company or institution that is interested in providing technical resources, we invite you to <a href="http://www.measurementlab.net/getinvolved">get involved</a>.</p>
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		<title>Homes With Tails, the paper</title>
		<link>http://blogs.law.harvard.edu/cmusings/2008/11/20/homes-with-tails-the-paper/</link>
		<comments>http://blogs.law.harvard.edu/cmusings/2008/11/20/homes-with-tails-the-paper/#comments</comments>
		<pubDate>Thu, 20 Nov 2008 17:25:40 +0000</pubDate>
		<dc:creator>Derek Slater</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/cmusings/?p=3748</guid>
		<description><![CDATA[Download the full paper here.
Homes With Tails: What if You Could Own Your Internet Connection?
by Derek Slater and Tim Wu
America’s communications infrastructure is stuck at a copper wall. For the vast majority of homes, copper wires remain the principal means of getting broadband services. The deployment of fiber optic connections to the home would enable exponentially [...]]]></description>
			<content:encoded><![CDATA[<p>Download the full paper <a href="http://www.newamerica.net/files/HomesWithTails_wu_slater.pdf" target="_blank">here</a>.</p>
<p><strong>Homes With Tails: What if You Could Own Your Internet Connection?</strong></p>
<p>by Derek Slater and Tim Wu</p>
<p><strong><span style="font-weight: normal">America’s communications infrastructure is stuck at a copper wall. For the vast majority of homes, copper wires remain the principal means of getting broadband services. The deployment of fiber optic connections to the home would enable exponentially faster connections, and few dispute that upgrading to more robust infrastructure is essential to America’s economic growth. However, the costs of such an upgrade are daunting for private sector firms and even for governments. These facts add up to a public policy challenge.</span></strong></p>
<p>In this paper, we propose and describe a new way to encourage broadband deployment. Most proposals have focused on deployment as a problem for firms and for government. For firms, the question is how a company can justify investments in a fiber infrastructure without a “killer app” – a new and proven revenue source that is different from what is available from existing copper wires. For governments, the questions consider how they might build and operate their own networks, convince or pay existing carriers to do so, or encourage market entrants to arrive and save the day.</p>
<p>Our intuition is that an innovative model holds unrealized promise: household investments in fiber.</p>
<p>Consumers may one day purchase and own fiber connections that run from their homes. They would then be able to connect to a variety of service providers, including today’s Internet, television, and telephone services, as well as ultra-bandwidth intensive services of the future. Consumers would have the opportunity not only to get a fast broadband connection, but also benefit from greater competition and lower prices in the retail service market.</p>
<p>We call this property model “Homes with Tails,” for the fiber would form part of the property right in the home. Key facets of our approach include:</p>
<p>1. A “condominium” model for fiber ownership, in which individual strands of fiber are sold to consumers, while maintenance and other collective needs are managed jointly.</p>
<p>2. Private firms and municipalities could consider selling fiber connections based on this model; and</p>
<p>3. Governments could consider using various mechanisms to support consumer purchases, including a tax credit to homeowners or renters who purchase a broadband connection.</p>
<p>The idea of customer-owned fiber may seem odd, but it is important to remember that many items that consumers buy today would have seemed very strange not long ago. Until the personal computer, a computer was something that only large companies owned. For decades, telephones were available only for lease, not for purchase. Home fiber could be the next technology that moves into the realm of consumer property.</p>
<p>That said, the goal of this paper is rather limited: to outline what customer-owned fiber might look like and suggest why it is worth investigating further. We do not suggest that this model is the panacea for broadband policy challenges; rather, it might serve as part of a broader solution. Furthermore, there are many empirical questions and obstacles to successful implementation that cannot be fully evaluated at this time. In particular, no market for consumer purchase of fiber currently exists, and there is a collective action problem in deploying a network of this sort. The only way to truly test this model’s feasibility is to attempt to implement it. Below, we describe one trial that is already ongoing in Ottawa, Canada, and more experiments of this kind would provide important insights.</p>
<p>In the end, the intuition behind this paper is as old as property theory: that people will spend more on and value more that which they own. </p>
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		<title>&#8220;Homes With Tails,&#8221; the presentation, next Friday</title>
		<link>http://blogs.law.harvard.edu/cmusings/2008/11/12/homes-with-tails-the-presentation-next-friday/</link>
		<comments>http://blogs.law.harvard.edu/cmusings/2008/11/12/homes-with-tails-the-presentation-next-friday/#comments</comments>
		<pubDate>Wed, 12 Nov 2008 20:53:08 +0000</pubDate>
		<dc:creator>Derek Slater</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/cmusings/?p=3747</guid>
		<description><![CDATA[Tim Wu and I are going to be presenting our forthcoming paper about customer-owned last-mile broadband connections &#8212;  &#8221;Homes With Tails&#8221; &#8212; next Friday at the New America Foundation.
For more on the concept, see my previous post. We&#8217;ll post the v1.0 of the paper early next week.
If you&#8217;d like to come to the event, here are [...]]]></description>
			<content:encoded><![CDATA[<p>Tim Wu and I are going to be presenting our forthcoming paper about customer-owned last-mile broadband connections &#8212;  &#8221;Homes With Tails&#8221; &#8212; next Friday at the New America Foundation.</p>
<p>For more on the concept, see my <a href="http://googlepublicpolicy.blogspot.com/2008/07/what-if-you-could-own-your-internet.html">previous post</a>. We&#8217;ll post the v1.0 of the paper early next week.</p>
<p>If you&#8217;d like to come to the event, <a href="http://www.newamerica.net/events/2008/homes_tails">here are the details</a>, or see below.</p>
<p><strong>Homes With Tails: What if You Could Own Your Internet Connection?</strong></p>
<p>America&#8217;s path to becoming a broadband leader is uncertain. Few dispute that deploying fast, universal, and affordable broadband is imperative, but the costs of robust network infrastructure are daunting for the private sector and governments.</p>
<p>In a forthcoming New America Foundation working paper, Tim Wu and Derek Slater propose an innovative way to drive broadband deployment: a model that encourages consumers to purchase and own the &#8220;last-mile&#8221; connection that runs into their home. By purchasing their own fiber optic connections, consumers would be able to connect to a variety of service providers. This model holds the potential for higher broadband speeds, greater competition, and lower Internet service prices.</p>
<p>The idea of customer-owned fiber may seem odd at first, but buying items like personal computers, answering machines or even telephones was also unheard of only a few decades ago. Home fiber could someday become a must-have technology.</p>
<p>Join the authors for a presentation and discussion of this new proposal, and learn more about &#8220;Homes With Tails.&#8221;</p>
<p>Start: 11/21/2008 &#8211; 12:30pm</p>
<p>End: 11/21/2008 &#8211; 1:30pm</p>
<p>New America Foundation</p>
<p>1630 Connecticut Ave NW 7th Floor</p>
<p>Washington, DC, 20009</p>
<p>United States</p>
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		<title>Blogging Again</title>
		<link>http://blogs.law.harvard.edu/cmusings/2008/07/23/blogging-again/</link>
		<comments>http://blogs.law.harvard.edu/cmusings/2008/07/23/blogging-again/#comments</comments>
		<pubDate>Wed, 23 Jul 2008 18:46:47 +0000</pubDate>
		<dc:creator>Derek Slater</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/cmusings/2008/07/23/blogging-again/</guid>
		<description><![CDATA[Just not here so much. More here. Here&#8217;s the latest:
What if you could own your internet connection?  
    It may sound strange, and it&#8217;s certainly not what we&#8217;re used to.  Today we have a &#8220;carrier-centered&#8221; model; phone and cable companies spend billions to build, operate, and own the &#8220;last-mile&#8221; connection [...]]]></description>
			<content:encoded><![CDATA[<p>Just not here so much. More <a href="http://googlepublicpolicy.blogspot.com">here</a>. Here&#8217;s the <a href="http://googlepublicpolicy.blogspot.com/2008/07/what-if-you-could-own-your-internet.html">latest:</a></p>
<p><span class="Apple-style-span"><strong>What if you could own your internet connection?  </strong></span></p>
<p><span class="Apple-style-span">   </span> It may sound strange, and it&#8217;s certainly not what we&#8217;re used to.  Today we have a &#8220;carrier-centered&#8221; model; phone and cable companies spend billions to build, operate, and own the &#8220;last-mile&#8221; connection &#8212; the copper, cable, or fiber wires that come into your house. Individual consumers then pay for particular services, like phone service or Internet access.</p>
<p>In turn, we tend to think about broadband deployment in carrier-centric ways. If we want to see super-fast fiber connections rolled out to consumers, the main question appears to be whether carriers have appropriate incentives to invest.</p>
<p>But there&#8217;s no law of nature that says this is the only possible model. Many businesses, governments, universities, and other entities already own their own fiber connections, rather than leasing access to lines.  It may also be possible to find ways for consumers to purchase their own last-mile strands of fiber.</p>
<p>Here, as anywhere, there would be certain advantages that come with ownership over renting.  No one necessarily needs to own skis or a car, but many of us do.   If you owned your own fiber, you&#8217;d be able to connect it to a service provider of your own choosing. Over time, you might save money, and it could make your house more valuable to have a fiber &#8220;tail.&#8221;</p>
<p>This may all sound rather abstract, but a trial experiment in Ottawa, Canada is trying out the <a href="http://www.canarie.ca/canet4/library/customer.html" title="consumer-owned model" id="mksl">consumer-owned model</a> for a downtown neighborhood of about 400 homes. A specialized construction company is already rolling out fiber to every home, and it will recoup its investment from individual homeowners who will pay to own fiber strands outright, as well as to maintain the fiber over time. The fiber terminates at a service provider neutral facility, meaning that any ISP can pay a fee to put its networking equipment there and offer to provide users with Internet access. Notably, the project is entirely privately funded. (Although some schools and government departments are lined up to buy their own strands of fiber, just like homeowners)</p>
<p>The main challenges with this model are economic, rather than technical. Most importantly, ownership has to be made appealing and affordable to consumers. The construction company is using conservative estimates that only 10% of homeowners will sign up and there will be a per-customer cost of $2700. If you assume 50% take-up, then the per-customer cost drops to $1100. Both figures might seem like a lot, but people pay for a variety of improvements to their home &#8212; like remodeled kitchens, or a deck &#8212; that also cost large sums.</p>
<p>This model faces other significant obstacles as well and it may only be possible in certain circumstances, if it&#8217;s practical at all. But the only way to really figure that out is to experiment.  Cable television started out as CATV &#8212; community antenna television, an experiment by individual entrepreneurs and rural towns to deliver broadcast signals across longer distances. The Internet started as an experiment in the research community before becoming the worldwide network we know today.</p>
<p>It&#8217;s also worth considering that, as recently as a few decades ago, personal telephones were unheard of &#8212; the telephone was owned by Bell and simply part of the network. Similarly, the very idea of a &#8220;personal&#8221; computer used to seem ridiculous, and people relied on sharing access to <a href="http://en.wikipedia.org/wiki/Mainframe_computer" title="mainframes" id="ng40">mainframes</a>. Sure, there are differences between owning your own computer and your own internet connection, but perhaps one day we may see that the differences weren&#8217;t as great as we thought.</p>
<p>Even if this experiment fails, it can be a worthwhile data point in discussions about broadband deployment.  We need as much creative thinking as we can get to determine how to deliver fast, open <a href="http://www.internetforeveryone.org/" id="h9" title="Internet for everyone">Internet for everyone</a>.</p>
<p>The Ottawa trial was driven forward by Bill St. Arnaud, Chief Research Officer at <a href="http://www.canarie.ca/" id="s2hn" title="CANARIE">CANARIE</a>, a nonprofit research group devoted to promoting advanced network infrastructure in Canada. If you want to learn more about this idea, check out his <a href="http://www.canarie.ca/canet4/library/customer.html" id="mzl4" title="presentations">presentations</a> here.</p>
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		<title>Warner Music Hires Jim Griffin</title>
		<link>http://blogs.law.harvard.edu/cmusings/2008/03/27/warner-music-hires-jim-griffin/</link>
		<comments>http://blogs.law.harvard.edu/cmusings/2008/03/27/warner-music-hires-jim-griffin/#comments</comments>
		<pubDate>Fri, 28 Mar 2008 04:22:40 +0000</pubDate>
		<dc:creator>Derek Slater</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/cmusings/2008/03/27/warner-music-hires-jim-griffin/</guid>
		<description><![CDATA[This is a huge turning point.
Jim Griffin has been telling everyone to &#8220;monetize the anarchy&#8221; for essentially the entire decade. This solution was on the table dating back to Napster. The idea has long percolated within the entertainment &#38; tech community (read: the pholist). Many, many others contributed to its development, including academics Terry Fisher, [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.portfolio.com/news-markets/top-5/2008/03/27/Warners-New-Web-Guru">This is a huge turning point</a>.</p>
<p>Jim Griffin has been telling everyone to &#8220;monetize the anarchy&#8221; for essentially the entire decade. This solution was on the table dating back to Napster. The idea has long percolated within the entertainment &amp; tech community (<a href="http://blogs.law.harvard.edu/cmusings/2003/08/07/compulsory-licenses-discussion-on-pho/">read: the pholist</a>). Many, many others contributed to its development, including academics <a href="http://www.tfisher.org/PTK.htm">Terry Fisher</a>, <a href="http://www.ssrn.com/abstract=468180">Neil Netanel</a>, and <a href="http://www.nsu.newschool.edu/blur/blur02/user_love.html">Jamie Love</a> (focusing more on a compulsory version), as well as organizations like <a href="http://www.eff.org/wp/better-way-forward-voluntary-collective-licensing-music-file-sharing">EFF</a> and the <a href="http://www.noankmedia.com/">Berkman Center</a>. I remember FMC&#8217;s Walter McDonough at the Berkman-Gartner Digital Media Conference in 2003 saying something to the effect of, &#8220;We all know we&#8217;re headed towards collective licensing anyway, right? Why can&#8217;t we just admit it?&#8221;</p>
<p>And yet for so long it seemed like  this win-win solution would never truly break  into the mainstream, including the major record labels.  For awhile, many recoiled at the mere mention of collective licensing. (At the extremes were folks like Jim DeLong and Patrick Ross from PFF, who compared it to a <a href="http://weblog.ipcentral.info/archives/2005/07/print/001666.html">&#8220;socialist gulag&#8221;</a> and called it a <a href="http://weblog.ipcentral.info/archives/2005/01/print/000416.html">&#8220;terrifying model.&#8221;) </a></p>
<p>Jim Griffin&#8217;s hiring suggests that voluntary collective licensing is finally getting the attention and investment from key rightsholders that it so richly deserves. It&#8217;s a good day for rightsholders, artists, innovators, <em>and</em> music fans. Hopefully, this is just the beginning&#8230;.</p>
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		<title>The Copyfight.ca</title>
		<link>http://blogs.law.harvard.edu/cmusings/2008/02/14/the-copyfightca/</link>
		<comments>http://blogs.law.harvard.edu/cmusings/2008/02/14/the-copyfightca/#comments</comments>
		<pubDate>Thu, 14 Feb 2008 21:56:25 +0000</pubDate>
		<dc:creator>Derek Slater</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/cmusings/2008/02/14/the-copyfightca/</guid>
		<description><![CDATA[December 2007: Copyright for Canadians
Feb. 13, 2008, Google Public Policy blog: &#8220;Here in Canada, where there is an ongoing debate about how to best implement the WIPO Copyright Treaty, Google has joined with a number of other Canadian and international companies who have a shared vision of balanced copyright. The Business Coalition for Balanced Copyright [...]]]></description>
			<content:encoded><![CDATA[<p>December 2007: <a href="http://www.copyrightforcanadians.ca/">Copyright for Canadians</a></p>
<p>Feb. 13, 2008, Google Public Policy blog: &#8220;Here in Canada, where there is an <a href="http://www.michaelgeist.ca/content/view/2647/125/" title="ongoing debate" id="navl">ongoing debate</a> about how to best implement the <a href="http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html" title="WIPO Copyright Treaty" id="hbs6">WIPO Copyright Treaty</a>, Google has joined with a number of other Canadian and international companies who have a shared vision of balanced copyright. The Business Coalition for Balanced Copyright has issued a <a href="https://services.google.com/blog_resources/google_bcbc_position_paper.pdf">two-page position paper</a> calling for a &#8216;balanced &#8216;package&#8217; approach for a strong Canadian copyright regime.&#8217;&#8221;</p>
<p>Feb 13, 2008, Michael Geist: &#8220;<a href="Canadian DMCA On Hold?">Canadian DMCA on Hold?</a>&#8221;</p>
<p>Stay tuned&#8230;.</p>
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		<title>Rep. Markey&#8217;s new net neutrality legislation</title>
		<link>http://blogs.law.harvard.edu/cmusings/2008/02/13/rep-markeys-new-net-neutrality-legislation/</link>
		<comments>http://blogs.law.harvard.edu/cmusings/2008/02/13/rep-markeys-new-net-neutrality-legislation/#comments</comments>
		<pubDate>Wed, 13 Feb 2008 19:39:19 +0000</pubDate>
		<dc:creator>Derek Slater</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/cmusings/2008/02/13/rep-markeys-new-net-neutrality-legis</guid>
		<description><![CDATA[Today, Rep. Ed Markey and Chip Pickering introduced bipartisan legislation to help preserve Internet freedom and explicitly make &#8220;net neutrality&#8221; a guiding principle of U.S. broadband policy. The bill would affirm that the Internet should remain an open platform for innovation, competition, and social discourse, free from unreasonable discriminatory practices by network operators. It would [...]]]></description>
			<content:encoded><![CDATA[<p>Today, Rep. Ed Markey and Chip Pickering <a href="http://www.freepress.net/docs/markey_086_xml.pdf" id="day8" title="introduced">introduced</a> bipartisan legislation to help preserve Internet freedom and explicitly make &#8220;net neutrality&#8221; a guiding principle of U.S. broadband policy. The bill would affirm that the Internet should remain an open platform for innovation, competition, and social discourse, free from unreasonable discriminatory practices by network operators. It would also require the Federal Communications Commission (FCC) to solicit input on the nation&#8217;s broadband policy from ordinary Americans by conducting eight &#8220;broadband summits&#8221; around the country and seeking comments online.</p>
<p><a href="http://googlepublicpolicy.blogspot.com/2007/06/what-do-we-mean-by-net-neutrality.html" id="zwsh" title="As we've discussed before on this blog,">As we&#8217;ve discussed before on this blog,</a> innovation has thrived online because the Internet&#8217;s architecture enables any and all users to generate new ideas and technologies, which are allowed to succeed based on their own merits and benefits. Some major broadband service providers have threatened to act as gatekeepers, playing favorites with particular applications or content providers, <span>demonstrating that this threat is <a href="http://www.eff.org/press/archives/2007/11/28" id="ezh2" title="all too real">all too real</a></span>.  It&#8217;s no stretch to say that such discriminatory practices could have prevented Google from getting off the ground &#8212; and they could prevent the next Google from ever coming to be.</p>
<p>While regulations on certain types of discrimination is one way to help preserve the Internet&#8217;s openness, other remedies including expanding broadband competition and market-based initiatives  may be important complements. Rep. Markey&#8217;s legislation sets a sound course towards properly putting all the options on the table, by adopting the proper general principles and asking the FCC to address the right kinds of questions.</p>
<p>As important, Internet users themselves will get a chance to answer those questions. From the start, the heart and soul of the movement for net neutrality has been the grassroots &#8212; the thousands and thousands of ordinary Americans who have already spoken up for Internet freedom on sites like <a href="http://www.savetheinternet.com/" id="m4gb" title="Save The Interne">Save The Internet</a> and beyond.</p>
<p>Net neutrality is too often painted as just about particular companies&#8217; competing interests, but that&#8217;s missing the point. Rather, net neutrality and broadband policy are &#8212; and should be &#8212; about what&#8217;s ultimately best for <em>people,</em> in terms of economic growth as well as the social benefit of empowering individuals to speak, create, and engage one another online using the wide panoply of innovations available to them. In other words, broadband policy should come from the bottom up.</p>
<p>(<a href="http://googlepublicpolicy.blogspot.com/2008/02/rep-markeys-net-neutrality-legislation.html">Cross posted from the Google Public Policy Blog</a>)</p>
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		<title>Towards a bigger, better broadband future</title>
		<link>http://blogs.law.harvard.edu/cmusings/2008/01/30/towards-a-bigger-better-broadband-future/</link>
		<comments>http://blogs.law.harvard.edu/cmusings/2008/01/30/towards-a-bigger-better-broadband-future/#comments</comments>
		<pubDate>Thu, 31 Jan 2008 03:53:30 +0000</pubDate>
		<dc:creator>Derek Slater</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/cmusings/2008/01/30/towards-a-bigger-better-broadband-fu</guid>
		<description><![CDATA[(Extended cross-post from Google Public Policy Blog)

Broadband deployment in the U.S. is at best disappointing and at worst a crisis. The United States lags behind other countries in broadband uptake per capita, ranked 15th in the latest Organisation for Economic Co‐operation and Development (OECD) data. While consumers in Sweden and Japan are starting to zoom ahead with 20 and even 90 megabit/second connections delivered over fiber connections, U.S. consumers pay more for less, with only DSL and cable available in most markets. Some rural areas lack broadband altogether.

At a pre-conference yesterday before the “State of the Net” in Washington, D.C., the nonprofit association EDUCAUSE released a thoughtful proposal for how to achieve a better broadband future:

    “[T]his paper proposes the creation of a new federal Universal Broadband Fund (UBF) that, together with matching funds from the states and the private and/or public sector, should be used to build open, big broadband networks of at least 100 Mbps (scalable upwards to 1 Gbps) to every home and business by 2012. U.S. state governors and foreign heads of state have found the resources to subsidize broadband deployment; the U.S. federal government should as well.”

Though some dispute how bad U.S. consumers have it, everyone can agree that the U.S. can – and should – do much better. Deploying faster, universal, and ubiquitous broadband is essential to sustaining the Internet as an engine for economic growth, innovation, and social discourse. Whether or not one agrees with EDUCAUSE’s particular strategy, the paper demonstrates that a clear, concerted national broadband strategy of some kind is required to reach that bigger, better broadband future.

You can read the whole paper here. I liveblogged notes at the conference, including the opening remarks of FCC Commissioner Michael Copps, which you can read after the jump. ]]></description>
			<content:encoded><![CDATA[<p>(<a href="http://googlepublicpolicy.blogspot.com/2008/01/towards-bigger-better-broadband-future.html">Extended cross-post from Google Public Policy Blog</a>)</p>
<p>Broadband deployment in the U.S. is at best disappointing and at worst a crisis. The United States lags behind other countries in broadband uptake per capita, ranked 15th in the latest Organisation for Economic Co‐operation and Development (OECD) <a href="http://www.oecd.org/document/54/0,3343,en_2649_33703_38690102_1_1_1_1,00.html" title="data" id="v488">data</a>. While consumers in Sweden and Japan are starting to zoom ahead with 20 and even 90 megabit/second connections delivered over fiber connections, U.S. consumers pay more for less, with only DSL and cable available in most markets. Some rural areas lack broadband altogether.</p>
<p>At a <a href="http://www.netcaucus.org/conference/2008/preconference.shtml" title="pre-conference" id="er22">pre-conference</a> yesterday before the <a href="http://www.netcaucus.org/conference/2008/" title="“State of the Net”" id="b.xl">“State of the Net”</a> in Washington, D.C., the nonprofit association <a href="http://www.educause.edu/" title="EDUCAUSE" id="prfv">EDUCAUSE</a> released a <a href="http://www.educause.edu/ir/library/pdf/EPO0801.pdf" title="thoughtful proposal" id="z0xi">thoughtful proposal</a> for how to achieve a better broadband future:</p>
<blockquote><p>“[T]his paper proposes the creation of a new federal Universal Broadband Fund (UBF) that, together with matching funds from the states and the private and/or public sector, should be used to build open, big broadband networks of at least 100 Mbps (scalable upwards to 1 Gbps) to every home and business by 2012. U.S. state governors and foreign heads of state have found the resources to subsidize broadband deployment; the U.S. federal government should as well.”</p></blockquote>
<p>Though some <a href="http://www.pff.org/news/news/2007/062907OECDbroadbandranking.html" title="dispute" id="irry">dispute</a> how <a href="http://www.savetheinternet.com/blog/2007/04/23/without-a-plan-us-drops-further-in-global-broadband/" title="bad">bad</a> U.S. consumers have it, everyone can agree that the U.S. can – and should –  do much better.  Deploying faster, universal, and ubiquitous broadband is essential to sustaining the Internet as an engine for economic growth, innovation, and social discourse.  Whether or not one agrees with EDUCAUSE’s particular strategy, the paper demonstrates that a clear, concerted national broadband strategy of some kind is required to reach that bigger, better broadband future.</p>
<p>You can read the whole paper <a href="http://www.educause.edu/ir/library/pdf/EPO0801.pdf" title="here" id="u9r2">here</a>. I took notes at the conference, including the opening remarks of FCC Commissioner Michael Copps, which you can read <a href="http://blogs.law.harvard.edu/cmusings/notes-from-educause-broadband-conference/">here</a>.</p>
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		<title>Google Policy Fellowships: A Dream Come True For Aspiring Tech Policy Wonks</title>
		<link>http://blogs.law.harvard.edu/cmusings/2007/11/13/google-policy-fellowships-a-dream-come-true/</link>
		<comments>http://blogs.law.harvard.edu/cmusings/2007/11/13/google-policy-fellowships-a-dream-come-true/#comments</comments>
		<pubDate>Tue, 13 Nov 2007 17:32:22 +0000</pubDate>
		<dc:creator>Derek Slater</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/cmusings/2007/11/13/google-policy-fellowships-a-dream-co</guid>
		<description><![CDATA[If code is law and architecture is policy, then a Summer of Policy is a natural complement to Google&#8217;s Summer of Code. That&#8217;s exactly what Google announced yesterday &#8212;  a new Policy Fellowship program offering $7,000 stipends for undergraduate and graduate students to dive deep into the tech policy world with top-flight organizations like [...]]]></description>
			<content:encoded><![CDATA[<p>If code is law and architecture is policy, then a Summer of Policy is a natural complement to Google&#8217;s Summer of Code. That&#8217;s exactly what Google <a href="http://googlepublicpolicy.blogspot.com/2007/11/calling-aspiring-tech-policy-wonks.html">announced</a> yesterday &#8212;  a new <a href="http://www.google.com/policyfellowship/index.html">Policy Fellowship program</a> offering $7,000 stipends for undergraduate and graduate students to dive deep into the tech policy world with top-flight organizations like <a href="http://www.eff.org">EFF</a> and <a href="http://www.publicknowledge.org">Public Knowledge</a>.</p>
<p>I would&#8217;ve been thrilled to see this when I was a student, and I&#8217;m thrilled that it exists now. It&#8217;s a fantastic opportunity for any aspiring tech policy geek. <a href="http://www.google.com/policyfellowship/index.html">Check out the site for more details.</a></p>
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		<title>Katyal&#8217;s &#8220;Semiotic Disobedience&#8221;</title>
		<link>http://blogs.law.harvard.edu/cmusings/2007/11/11/katyals-semiotic-disobedience/</link>
		<comments>http://blogs.law.harvard.edu/cmusings/2007/11/11/katyals-semiotic-disobedience/#comments</comments>
		<pubDate>Sun, 11 Nov 2007 20:04:57 +0000</pubDate>
		<dc:creator>Derek Slater</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/cmusings/2007/11/11/katyals-semiotic-disobedience/</guid>
		<description><![CDATA[If you haven&#8217;t already read Sonia Katyal&#8217;s &#8220;Privacy v. Piracy&#8221; and &#8220;The New Surveillance,&#8221; you should. The articles have proven quite prescient &#8212; with the Sony DRM rootkit and AT&#38;T&#8217;s announcement about forthcoming ISP-level filtering, the notion of &#8220;piracy surveillance&#8221; has become increasingly relevant.
She recently sent me a new article, &#8220;Semiotic Disobedience,&#8221; which she&#8217;d appreciate [...]]]></description>
			<content:encoded><![CDATA[<p>If you haven&#8217;t already read Sonia Katyal&#8217;s <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=722441">&#8220;Privacy v. Piracy&#8221;</a> and <a href="http://ssrn.com/abstract=527003">&#8220;The New Surveillance,&#8221;</a> you should. The articles have proven quite prescient &#8212; with the Sony DRM rootkit and AT&amp;T&#8217;s <a href="http://www.publicknowledge.org/node/1259">announcement</a> about forthcoming ISP-level filtering, the notion of &#8220;piracy surveillance&#8221; has become increasingly relevant.</p>
<p>She recently sent me a new article, &#8220;<a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1015500">Semiotic Disobedience,</a>&#8221; which she&#8217;d appreciate feedback on. </p>
<p>&#8220;In this Article, I seek to introduce another framework to supplement<br />
Fiske&#8217;s important metaphor: the phenomenon of &#8220;semiotic<br />
disobedience.&#8221;Three contemporary cultural moments in the world &#8211; one<br />
corporate, one academic, and one artistic &#8211; call for a new understanding<br />
of the limitations and possibilities of semiotic democracy and underline<br />
the need for a supplementary framework. As public spaces have become<br />
converted into vehicles for corporate advertising &#8211; ads painted onto<br />
sidewalks and into buildings, schools, and other public spaces &#8211; product<br />
placement has soared to new heights of power and subtlety. And<br />
throughout, the law has generously offered near-sovereign protection to<br />
such symbolism through the ever-expanding vehicle of intellectual<br />
property protection. Equations between real property and intellectual<br />
property are ubiquitous. Underlying these themes is a powerful linkage<br />
between intellectual and tangible property: as one expands, so does the<br />
other&#8230;.<br />
&#8220;Just as previous discussions of civil disobedience focused on the need<br />
to challenge existing laws by using certain types of public and private<br />
property for expressive freedoms, today&#8217;s generation seeks to alter<br />
existing intellectual property by interrupting, appropriating, and then<br />
replacing the passage of information from creator to consumer. This<br />
Article suggests that the phenomenon of semiotic disobedience offers a<br />
radically different vantage point than Fiske&#8217;s original vision, one that<br />
underlines the importance of distributive justice in intellectual<br />
property. Thus, instead of interrogating the limits of First Amendment<br />
freedoms, as many scholars have already done, I argue that a study of<br />
semiotic disobedience reveals an even greater need to study both the<br />
core boundaries between types of properties &#8211; intellectual, real,<br />
personal &#8211; and how propertization offers a subsidy to particular types<br />
of expression over others.&#8221;</p>
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		<title>A Programming Note</title>
		<link>http://blogs.law.harvard.edu/cmusings/2007/09/22/a-programming-note/</link>
		<comments>http://blogs.law.harvard.edu/cmusings/2007/09/22/a-programming-note/#comments</comments>
		<pubDate>Sun, 23 Sep 2007 01:31:54 +0000</pubDate>
		<dc:creator>Derek Slater</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/cmusings/2007/09/22/a-programming-note/</guid>
		<description><![CDATA[For those still tuning in, writing is likely to stay sporadic for a bit as I&#8217;m changing jobs. I&#8217;m starting a new gig as a Policy Analyst on Google&#8217;s public policy team, which means you may see me here from time to time. Google is at the center of the storm when it comes to [...]]]></description>
			<content:encoded><![CDATA[<p>For those still tuning in, writing is likely to stay sporadic for a bit as I&#8217;m changing jobs. I&#8217;m starting a new gig as a Policy Analyst on Google&#8217;s public policy team, which means you may see me <a href="http://googlepublicpolicy.blogspot.com/">here</a> from time to time. Google is at the center of the storm when it comes to essentially every Internet policy issue, <a href="http://www.eff.org/deeplinks/archives/005159.php">including</a> <a href="http://blogs.law.harvard.edu/cmusings/2005/09/21#a1396">digital</a> <a href="http://www.eff.org/deeplinks/archives/005259.php">copyright</a>, and I&#8217;m incredibly stoked about jumping into the fray, not being evil, and doing some good.</p>
<p>Of course, it goes without saying that I&#8217;m going to really miss working at <a href="http://www.eff.org">EFF</a> with my copyfighting and freedom-defending colleagues. I have  been so lucky to work with and learn from such an amazing, talented, and  devoted group of people.  It has been, quite literally, a dream come  true.</p>
<p>So you won&#8217;t see my EFF cross-posts here any more, but please do keep hitting up <a href="http://www.eff.org/deeplinks">DeepLinks</a> and the <a href="http://action.eff.org">Action Center</a> for the latest in the fight for your digital rights.</p>
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		<title>iTunes Ringtones: Making You Pay Again For Music You Already Own</title>
		<link>http://blogs.law.harvard.edu/cmusings/2007/09/10/itunes-ringtones-making-you-pay-again-for-music-you-already-own/</link>
		<comments>http://blogs.law.harvard.edu/cmusings/2007/09/10/itunes-ringtones-making-you-pay-again-for-music-you-already-own/#comments</comments>
		<pubDate>Mon, 10 Sep 2007 17:04:49 +0000</pubDate>
		<dc:creator>Derek Slater</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/cmusings/2007/09/10/itunes-ringtones-making-you-pay-agai</guid>
		<description><![CDATA[Tired of paying several dollars to buy ringtone versions of music you already own? When it comes to songs ripped from your CD collection or downloaded MP3s, widely-available software  tools allow you to roll your own ringtones instead and put them on a variety of phones.
But what the world of unencrypted music giveth, DRM-locked [...]]]></description>
			<content:encoded><![CDATA[<p>Tired of paying several dollars to buy ringtone versions of music you already own? When it comes to songs ripped from your CD collection or downloaded MP3s, <a href="http://www.xingtone.com/">widely-available</a> <a href="http://www.download.com/DJ-ToneXpress-The-Ringtone-Creator/3000-2641_4-10651444.html">software </a> <a href="http://www.tonethis.com/">tools</a> allow you to roll your own ringtones instead and put them on a variety of phones.</p>
<p>But what the world of unencrypted music giveth, <a href="http://www.eff.org/IP/DRM">DRM</a>-locked media taketh away. DRM allows media vendors to restrict your fair use rights so that they can be sold back to you piecemeal as &#8220;features.&#8221;</p>
<p>The latest example: Apple&#8217;s <a href="http://www.apple.com/itunes/store/ringtones.html">announcement</a> that you can now create ringtones of DRM-locked iTunes-purchased music. Apple will only let you convert those tracks to ringtones if you pay another dollar, and, just as you can only move iTunes DRM restricted tracks to the iPod and not other portable players, these ringtones only work on the iPhone. If you&#8217;d rather create your own ringtone using a tool like <a href="http://www.ambrosiasw.com/utilities/itoner/">iToner</a>, too bad &#8212; the DRM won&#8217;t let you, and circumventing the lock could violate the <a href="http://www.eff.org/IP/DMCA">Digital Millennium Copyright Act (DMCA)</a>.</p>
<p>Imagine if this is how the CD world had worked. Your investment in CDs has paid all kinds of dividends over time because third parties could freely enable novel personal uses, like ripping MP3s and moving them to a portable player of your choice. Innovators didn&#8217;t need to beg copyright holders&#8217; or record stores&#8217; permission first in order to help you get more from your music collection.</p>
<p>DRM can take away that freedom and the innovation it enables, as rights holders and vendors can block new tools outright and make you pay again and again to use music you&#8217;ve already purchased. Restricting compatible players and the creation of ringtones is <a href="http://www.eff.org/IP/DRM/guide">just the tip of the iceberg.</a></p>
<p>(As we pointed out <a href="http://www.eff.org/deeplinks/archives/005426.php">earlier</a>, Apple is also apparently trying to frustrate turning <em>unencrypted</em> songs into iPhone ringtones using iToner. Will Apple try to use the DMCA to squash this legitimate use as well? Time will tell.)</p>
<p>(<a href="http://www.eff.org/deeplinks/archives/005429.php">Cross-posted at DeepLinks</a>)</p>
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