Foreign Antitrust Regulators Are Threatening American Innovation

By David Lund & Matthew Barblan American businesses are suffering as foreign governments improperly use their antitrust laws to discriminate against American companies. Recently, the United States Chamber of Commerce assembled an International Competition Policy Expert Group to examine this problem. The Group released a report describing particular harmful and inappropriate uses of antitrust law … Continue reading “Foreign Antitrust Regulators Are Threatening American Innovation”

Rejection of DOJ Consent Decree Interpretation is a Win for Songwriters

Earlier this month, a federal judge in the Southern District of New York issued an order rejecting the Department of Justice’s (DOJ) interpretation of a consent decree governing the way the performance rights organization Broadcast Music Inc. (BMI) licenses its songs. The ruling was in response to a DOJ statement that the consent decrees controlling BMI … Continue reading “Rejection of DOJ Consent Decree Interpretation is a Win for Songwriters”

IP Scholars to FCC: It's Not About "The Box"

This past April, we joined other IP scholars in explaining how the FCC’s proposed set-top box rules would undermine the property rights of creators and copyright owners. In reply comments filed last month, the EFF and a group of IP academics argued that the proposed rules would not implicate any copyright owners’ exclusive rights. Yesterday, … Continue reading “IP Scholars to FCC: It's Not About "The Box"”

FCC’s Extreme Proposal Threatens the Livelihood of Creators

By Matthew Barblan & Kevin Madigan Earlier this year, the FCC proposed a new regulatory scheme ostensibly designed to improve the market for pay-TV set-top boxes. Chairman Wheeler claimed that the proposed rules would “tear down the barriers that currently prevent innovators from developing new ways for consumers to access and enjoy their favorite shows … Continue reading “FCC’s Extreme Proposal Threatens the Livelihood of Creators”

Google Image Search and the Misappropriation of Copyrighted Images

Cross-posted from the Mister Copyright blog. Last week, American visual communications and stock photography agency Getty Images filed a formal complaint in support of the European Union’s investigation into Google’s anti-competitive business practices. The Getty complaint accuses Google of using its image search function to appropriate or “scrape” third-party copyrighted works, thereby drawing users away … Continue reading “Google Image Search and the Misappropriation of Copyrighted Images”

Acknowledging the Limitations of the FTC's PAE Study

The FTC’s long-awaited case study of patent assertion entities (PAEs) is expected to be released this spring. Using its subpoena power under Section 6(b) to gather information from a handful of firms, the study promises us a glimpse at their inner workings. But while the results may be interesting, they’ll also be too narrow to … Continue reading “Acknowledging the Limitations of the FTC's PAE Study”

How Rhetorical Epithets Have Led the FTC Astray in its Study of Patent Licensing Firms

We’ve all heard the narrative about patent licensing firms, often referred to pejoratively as “patent trolls.” These patent owners, who choose to license their innovations rather than build them, are the supposed poster-children of a “broken” patent system. It’s as if commercializing one’s property, just like a landlord leases his land for another to use, … Continue reading “How Rhetorical Epithets Have Led the FTC Astray in its Study of Patent Licensing Firms”