December 2005
2 posts
Is the FCC getting desperate?
So I’m working on a paper on cable franchising and was reading the FCC’s latest proposed rulemaking on the topic (PDF). In it they claim the authority to preempt local franchise regulations that are barriers to entry. They FCC finds authority to do this in Section 621(a)(1) of the Communications Act, which states that local authorities “may not unreasonably refuse to award an...
Publishers: Kelly's OK, Google Book Search is not
I just finished reading the complaint (PDF) by the publishers in their suit against Google. Two things struck me. The first is that they are not asking for damages; only injunctive relief. If Google was found liable of willful infringement, it would be on the hook for up to $150,000 per book scanned. The Author’s Guild suit, on the other hand, does ask for damages, which has caused much...