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….
The copyright industries’ obsession with trying to shoot down piracy at all costs can sometimes cause them to end up shooting themselves in the foot. Here, for example, is a great example from Microsoft, which has recently been fulminating against the dangers of software piracy:
A new study released Tuesday reaffirms what we in Microsoft’s Digital Crimes Unit have seen for some time now — cybercrime is a booming business for organized crime groups all over the world. The study, conducted by IDC and the National University of Singapore (NUS), reveals that businesses worldwide will spend nearly $500 billion in 2014 to deal with the problems caused by malware on pirated software. Individual consumers, meanwhile, are expected to spend $25 billion and waste 1.2 billion hours this year because of security threats and costly computer fixes.
Way back in 2006, we wrote about how the Los Angeles wing of the Boy Scouts of America had started offering an MPAA-supported patch in “respecting copyright,” in which “respecting copyright” was actually respecting the MPAA’s misleading maximalist view of copyright. It took some time, but it appears that the Girl Scouts are finally catching up. The Intellectual Property Owners Education Foundation has helped create a special new “IP patch” for the Girl Scouts.
A few months ago, we noted that the FBI had quietly admitted that its primary function was no longer law enforcement (as it was supposed to be), but rather “national security.” Because fighting terrorism is hot. Putting bankers destroying the economy in jail? Not hot. As we noted at the time, the numbers showed that the FBI was putting a huge part of its budget towards “counterterrorism” (potentially doing much more to destroy your civil liberties than the NSA) and its efforts to take down white collar crime was dropping significantly.
Smokey Robinson sued his ex-wife, Claudette Rogers Robinson, seeking declaratory judgment that he may terminate and “recapture” the copyrights to all the songs he wrote during their marriage, and that she cannot claim interest in them under California community property law.
Robinson is reclaiming the rights to his pre-1978 songs from Jobete Music Co., something many artists are doing as copyright termination goes into effect. Robinson’s main problem, oddly, isn’t Jobete arguing that the songs were “work for hire,” but rather that his ex-wife (who he divorced in 1985) believes she should be entitled to 50% of whatever income these songs generate.
Just recently, we wrote about how the Department of Homeland Security’s (DHS) Customs and Border Patrol (CBP) has been increasingly detaining and harassing people at the border (or near the border) under highly questionable circumstances — and then refusing to comment on any of it. Instead, CBP has relied on a cloak of secrecy to live outside the law, acting out what we’ve come to expect from authoritarian police states. Recently, the ACLU filed a lawsuit on behalf of a woman, Christine Von Der Haar, who is a senior lecturer at Indiana University, after CBP detained her at the airport….
In our post yesterday about Judge Alex Kozinski’s horrifically bad ruling in favor of Cindy Garcia, an actress who briefly appeared in the infamous YouTube video “Innocence of Muslims,” we also mentioned the astounding gag order that Kozinski placed on Google/YouTube, saying that the company was simply not allowed to tell the world that the video had been ordered censored by a court for at least a week. However, the gag order is so crazy that it seemed worth a second post. It already appears to be a classic First Amendment violation to order Google to take down all copies of the video (and prevent new ones from being uploaded), but Kozinski seems to double the First Amendment problems with that gag order.
The International Olympics Committee has this “branding” thing down cold. (No pun intended. The IOC is just as obnoxious during the Summer Olympics.) Everything that doesn’t belong to an Official Sponsor has its logo covered (including bathroom fixtures!) until the multi-ring circus of sports (and quasi-sports) folds up the last multimillion dollar tent and blows town.
Comcast has confirmed reports that the company will be acquiring Time Warner Cable in a deal estimated to be worth around $45 billion. With the ink on their NBC acquisition only just dry to the touch, the deal will tack 8 million broadband subscribers onto the company’s existing 22 million broadband customers. Comcast is already the nation’s largest fixed-line broadband company, largest cable TV provider, and third largest fixed-line phone company — and that’s before you include the company’s NBC or other assets. From a geographical perspective the deal makes sense; Time Warner Cable filling in Comcast’s coverage gaps and in particular giving Comcast the prized markets of Los Angeles and New York City, where Time Warner Cable has traditionally under-performed.
The problem is less of market share (the two companies didn’t compete directly) but one of consolidated power…
I’ve already written one piece about Cory Doctorow’s incredible column at the Guardian concerningdigital rights management and anti-circumvention, in which I focused on how the combination of DRM and anti-circumvention laws allows companies to make up their own copyright laws in a way that removes the rights of the public. Those rights are fairly important, and the reason we have them encoded within our copyright laws is to make sure that copyright isn’t abused to stifle speech. But, anti-circumvention laws combined with DRM allow the industry to route around that entirely.
But there’s a second important point in Doctorow’s piece that is equally worth highlighting, and it’s that the combination of DRM and anti-circumvention laws make all of our computers less safe. For this to make sense, you need to understand that DRM is really a form of security software.
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 seven years. You can reach them by email: firstname.lastname@example.org.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.