Why can’t movie-streaming sites deliver the selection of movies that customers obviously want? This was the question posed by a recent New York Times column, comparing undersupplied services like Netflix with unauthorized platforms like Popcorn Time. The answer, the Times explains, is windowing—the industry practice of selling exclusivity periods to certain markets and platforms, with the result of staggered launches.
But the Times fails to ask a more fundamental question: why do streaming sites have to listen to Hollywood’s windowing demands in the first place? After all, while it’s clear why the studios like windowing—they can sell the same rights over and over once the promised exclusivity periods expire—it doesn’t seem like a very good deal for users. Those users get access to a smaller selection, higher prices, and fewer choices between platforms and services. It should be astonishing that a company that once had to maintain and transport a staggering inventory of fragile plastic discs is able to offer less when its marginal cost dropped to near zero.
The problem is that, unlike earlier movie-rental options, streaming rights fall fundamentally within a permission culture….
We’ve written a few times recently about the importance of ECPA reform, to bring a woefully out of date law into the 21st century. Specifically, we’ve urged people to sign this White House petition in favor of ECPA reform. That petition closes soon, and it’s still a bit short of the 100,000 goal.
Why is this important to you? Because, without it, it’s much easier for the government to snoop on your emails without a warrant. What people want is for emails and regular mail to be treated the same, which is simply not the case today.
* Robbery suspect explains that the crime was committed by his alternate personality that takes over against the suspect’s will. Looks like Killer BOB is on the loose and committing crimes in Wisconsin! [Stevens Point Journal]
I’m always amazed when lawyers send clearly bogus DMCA notices. It shouldn’t be hard to figure out that doing so ends badly. I’m doubly surprised, however, when it comes from big companies that should know better. And, I’m quadruple surprised when one of these companies that should know better sends a completely bogus DMCA notice to a company that absolutely understands why the notice is bogus, and is also in a position to make the world know all about a company’s bogus DMCA notice. That’s what we have here. You see, this morning, Office Depot decided to send a DMCA to Reddit.
Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.
Silly reactions to violent video games are coming so fast these days it makes one’s head spin. Redundant labeling of games, doubling down on unconstitutional laws, and even special 1% taxes for games with a rating of “Teen” and above… It’s quite difficult to parse out the well-intentioned silliness from the grandstanding silliness. What’s clear, however, is that there are a great many people who don’t recognize games as the speech that they are.
One state representative from Connecticut, home of the Sandy Hook tragedy, is now upping the ante on that last idea and proposing a 10% tax on games that are rated “mature”….
Down in Charlotte, at the quadrennial “We Hate America” (spelled “Amercia”) Convention, the Communist Pander-Bears have released a 70-page Party Platform replete with dozens of references to specific pieces of legislation that no one necessarily understands to remind us of the scores of bills that the Democrats have failed to pass since 2008.
The Democrats don’t provide nearly as many bold changes to the legal structure of the country as the Republicans. But there are a few legal planks worth reviewing, though tragically little on the subject of porn. How dare they not respond to the strongest plank of the Republican platform?
We celebrate America on July 4th because that is the day in 1776 when the Declaration of Independence was adopted by the Second Continental Congress. The Declaration of Independence is one of the most important documents in history. Even though the brilliant men who wrote it and signed it were largely hypocrites who couldn’t see the self-evident truth that women and blacks were endowed with the same inalienable rights as white male landowners, the fact that they bothered to write them down is a starting gun for the modern march of freedom that even today topples tyranny and oppression.
Nobody will ever write the above paragraph about the “Declaration of Internet Freedom” that is making the rounds this week. In fact, most likely nobody will write anything at all about the Internet Declaration two weeks from now because the document is devoid of anything approaching a coherent articulation of the rights of “the internet” or anybody else.
Apparently, 85 organizations and many people have signed this thing, which looks to capitalize on the grassroots effort to stop SOPA legislation. I’m not sure if anybody involved with the project ran this by a lawyer, because this doesn’t appear to be a serious effort to promote a legal construct that will protect the freedom of anything….
We have been covering the Justice Department’s case against Megaupload, the formerly massive file hosting site, ever since the government shut it down in January.
We have seen the government’s piracy case devolve from a slamdunk into a slopfest with what appears to be less and less of a chance of successful prosecution. Although charismatic CEO Kim Dotcom is still under house arrest in New Zealand, judicial officials there are getting frustrated with the United States. And the company’s attorneys at Quinn Emanuel are still continuing their assault against the Feds. The firm filed two important briefs yesterday, which could significantly impact the future of the case…
The U.S. government seems to be losing ground quickly in the PR war surrounding the case against Megaupload, the massive file-sharing site, and the company’s leader, Kim Dotcom. Just over a week ago, we learned that Quinn Emmanuel had signed on as the company’s defense team; the firm hit the ground running with a brief calling B.S. on one of the government’s objections.
And on Friday evening, news broke that the FBI may have again screwed the Megaupload pooch. The potential procedural goof was apparently severe enough that a federal judge wondered aloud if it might have killed the case…
The war on internet piracy currently being waged by entertainment industry lobbyists the U.S. Justice Department seriously puts me in an ideological bind. On one hand, I am a creative person. I understand the need for content creators to be compensated for their work. Whether that means movie producers, musicians, or journalists, the internet has deeply screwed with the compensation structure for “artists.”
On the other hand, that should not be the internet’s problem. The entertainment industry needs to figure out a way to update its outdated business model. Going after every 23-year-old with a few personal servers and high-speed internet is never going to fix the piracy problem.
But that would take a lot of actual work and planning and compromise. In the meantime, it’s business as usual. And that means extraditing a 23-year-old software engineering student from the U.K. who ran the website TVShack, a site which linked to streaming video files.
The kid has never been to the U.S. He did not even break any British laws, but OMG piracy, and woe to all who get caught anywhere near the crosshairs of the American entertainment industry….
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.