June 2005

• "Reaction to the Supreme Court's Opinion in MGM v. Grokster," Tech Law Journal, June 28, 2005.
  "Jim DeLong of the Progress & Freedom Foundation (PFF) stated in a release that 'This looks like a giant win for everyone. For the tech industry -- the Court made clear that Sony is still good law, and that simply marketing a product with the knowledge that some people will use it to infringe is not a basis for liability. For the content providers -- the Court said that intentional inducement of infringement is illegal, and that in proving the existence of the intent the copyright holders can point to the infringement-dependent business models of Grokster and its kin, and to their failure to take any affirmative steps (such as filtering) to prevent infringement. And for consumers -- the unanimity shows that the Court meant what it said about the crucial importance of intellectual property rights when it decided Eldred two years ago, which is crucial to the cornucopia of creativity that the Internet makes possible.?'"
• "High Court Rules Against File-Sharing Networks," Washington Internet Daily, June 28, 2005.
  "Contrary to claims it will stifle technology, the ruling could unleash many more options, some said. 'The decision in Grokster means that consumers win, too -- less free riding, but more legit options competing fiercely for their dollar,' said Solveig Singleton, Progress & Freedom Foundation senior adjunct fellow: 'The Court has done its level best to protect innovators, but not every application of every innovation.'"
• "Two Takes on Media Monopolies," TechDaily, June 28, 2005.
  "Media monopoly myths are unfounded, Adam Thierer , a senior fellow and director at the Progress and Freedom Foundation's Center for Digital Media Freedom, argued last week at the National Press Club.
  In discussing his new book, 'Media Myths: Making Sense of the Debate over Media Ownership,' Thierer said there is no dearth of diversity in the media marketplace, with more than 18,000 magazines produced last year, 85 percent of Americans subscribing to cable television and 170 terabytes of information on the World Wide Web."
• "Supreme Court Rules Cable-Modem Service is Information Service," RCR Wireless News, June 27, 2005.
  "'This is a hands-down victory for consumers, maximizing incentives to build competing broadband networks. The Supreme Court sent a strong message to the markets: Compete, don't look for government handouts,' said Kyle Dixon, adviser to former FCC Chairman Michael Powell and now director of Federal Institute for Regulatory Law & Economics at the Progress & Freedom Foundation."
• "Reaction to the Supreme Court's Opinion in the Brand X Case," Tech Law Journal, June 27, 2005.
  "Kyle Dixon stated in a release that 'This is a hands-down victory for consumers, maximizing incentives to build competing broadband networks. The Court sent a strong message to the market: 'Compete, don't look for government hand-outs.''"
  "Dixon is Director of the Progress and Freedom Foundation's (PFF) Federal Institute for Regulatory Law & Economics. He was previously an advisor to former FCC Chairman Michael Powell."
• "Perspectives on P2P Debate Shared at Copyright Symposium," Washington Internet Daily, June 17, 2005.
  "Progress & Freedom Foundation (PFF) Communications Vp Patrick Ross argued for artists and creators, saying the debate often focuses on P2P users, not content originators who continue to produce music and movies because of the incentives conferred by IP protections. 'There's a reason why this country creates more intellectual goods -- because we have a system that protects and encourages that creation,' Ross said. Business models are changing in response to the digital distribution era's demands, he said. The music industry, which has unveiled successful applications like iTunes and Rhapsody, has moved faster than the movie studios, but the evolution is still in progress.
• "FCC Should Be Modeled After FTC, Says PFF Report," RCR Wireless News, June 17, 2005.
  "PFF is leading an effort to write a replacement for the Communications Act to be known as the Digital Age Communications Act. PFF released its report and draft legislative language in preparation of a public forum scheduled for Tuesday. FCC Commissioner Kathleen Abernathy and Sen. John Ensign (R-Nev.), who is drafting his own telecommunications-reform bill, are expected to appear at the forum.
  "The DACA initiative is a set of five working groups dealing with spectrum policy, regulatory framework, institutional reform, universal service/social policy and the federal/state framework. The FTC proposal was presented by the regulatory framework working group."
• "FCC to Set Separate Cable, Media Ownership Rules," Communications Daily, June 16, 2005.
  "The D.C. Circuit Court remanded the cable caps, saying the FCC had to provide a better rationale for limits or issue new rules. The ruling in Time Warner v. FCC effectively invalidated the cable limit. Comcast's and Time Warner's $17.6 billion proposed purchase of most of Adelphia's cable systems (CD (CD April 22 p2) may spur the FCC to review the caps, said Progress & Freedom Foundation's Adam Thierer . 'We now go into a new era of media ownership review at the FCC,' he said: 'This Comcast-Time Warner deal really pushes the issue.'"
• "Legislation Aims to Foster Better-quality; Patents," TechDaily, June 10, 2005.
  "'There have been too many questions about patent quality that may not be addressed if the [legal] standards aren't right,' said Jim DeLong , a senior fellow at the Progress and Freedom Foundation. The group filed a friend-of-the-court brief earlier this year urging the Supreme Court to take KSR's appeal of the case. Twenty-four intellectual property professors also have urged the court to consider the case."
• "Skype Expands VoIP Services," United Press International, June 2, 2005.
  "'They need to make the shift to make money,' said Patrick Ross, vice president of communications and external relations for The Progress & Freedom Foundation in Washington, a digital-technology think tank.
  "'Their current model is great at attracting customers, but is not effective in generating revenue,' Ross told United Press International."
• "Phone Companies Seek Legislative Help in Cable Television Battle," Chicago Tribune , June 2, 2005.
  "Both sides of the debate have good arguments, said Kyle Dixon, a senior fellow at the Progress & Freedom Foundation, a Washington-based free market advocacy group.
  "'We're talking about new services that consumers want,' said Dixon. 'In considering regulations, you must always be concerned because companies always go to the government to get advantages they couldn't win in the market place.'"
• "MPAA Unlikely to Push for Broadcast Flag in DTV Bill," Consumer Electronics Dail, June 1, 2005.
  "First Amendment rights are another issue for the broadcast flag, the report noted, noting objections from consumer and civil liberties groups. The flag won't work because it can easily be circumvented, attorney James Burger told a recent Progress & Freedom Foundation panel. Saddling DTV legislation and the FCC with broadcast flag regulations isn't a sensible approach, he said. "