HHR New Media, Entertainment and Technology Group

In a previous post, we discussed “The Secure Federal File Sharing Act” (H.R. 4098), a bill introduced in the House that was aimed to improve security in federal computing by barring federal employees and contractors from downloading, installing, or using peer-to-peer (P2P) software absent prior official approval.  The House ultimately passed this bill on March 24, 2010.  On June 14, 2010, Senators Claire McCaskill (D-MO) and Robert F. Bennett (R-UT) introduced a companion bill under the same name in the Senate (S. 3484).  This bill has been referred to the Senate Homeland Security and Governmental Affairs Committee.  Continue Reading »

Since our last post on net neutrality, the debate has focused on the administrative questions as to who will set the guidelines for internet regulations and how those regulations will be implemented.  Since the D.C. Court of Appeals ruled that the FCC did not have the authority to regulate Comcast’s network management practices under Title I of the Communications Act, as predicted, the Commission has sought alternative ways to reclassify broadband services in order to extend regulatory authority over ISPs under the Act.   Last week, by a 3-2 vote, the FCC moved one step closer to reclassifying broadband to reestablish authority over ISPs.  In its meeting, the FCC released a Notice of Inquiry to seek comment on the proposed changes for broadband regulation.  Continue Reading »

Over the last year, social networking sites, most notably those with a developer platform such as Facebook, have become hotbeds for virtual goods purchases, social gaming, sweepstakes and advertising-based promotions.  Many of these are based on custom-designed and developed third party applications and widgets, which are veritable revenue drivers for the platform operators.  Several months ago Apple modified the terms for its iPhone application development agreement (via an amendment to the iPhone SDK terms)  to specifically permit app-based contests and sweepstakes.  Specifically, Apple added the following language: “Your Application may include promotional sweepstakes or contest functionality provided that You are the sole sponsor of the promotion and that You and Your Application comply with any applicable laws.” However, questions have arisen regarding the legality of running these games and promotions via such applications and platforms.  At their core, these questions focus on the legal distinctions between lotteries, contests and sweepstakes, distinctions that could mean the difference between a highly successful promotion and a high-profile legal headache. Continue Reading »

Earlier this month, the DC Court of Appeals dealt a blow to the FCC’s “net neutrality” initiatives when it held that the Commission did not have the authority to sanction Comcast for employing network management practices that targeted users of P2P applications.  However, by basing its reasoning on a straightforward (and not surprising) interpretation of the Communications Act of 1934, the Court’s decision cannot be called a knock-out and it is likely that we will see a tactical shift in the FCC’s efforts to implement net neutrality regulations. Continue Reading »

Dan will be speaking at the DCIA’s inaugural P2P and Cloud Media Summit in Santa Monica on May 6th. The summit is being held in conjunction with Digital Hollywood, one of the premier entertainment and technology industry conferences.

Dan will be part of a panel entitled “Global Perspective – Changing Rules for P2P and Cloud Computing”, which will discuss the key laws and regulations that P2P and cloud computing software developers and distributors need to comply with, the changes taking place in the regulatory environment affecting P2P and cloud-computing technologies, the impact of recent actions and rulings and other issues in the legal and policy arenas that might foster investment and commercial development of P2P and cloud computing. More information on registration is available on the DCIA’s website.

On a related note, the video from the DCIA’s March 9 conference has been posted.  At that conference, Dan participated in a  panel discussing the various business models utilized by P2P and cloud computing providers, including ad-supported, subscription, paid download and other innovative strategies.