Tim Wu Tries to Save the Internet the Scholar Who Coined 'Net Neutrality' Fears a Corporate Takeover of the Web
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T H E N E T D E L U S Io N E V G E N Y M O R O Zo V
2/C PMS (BLACK + 809) SOFT-TOUCH MATTE LAMINATION + SPOT GLOSS THE NET DELUSION EVGENY MOROZOV POLITICS/TECHNOLOGY $27.95/$35.50 CAN “ Evgeny Morozov is wonderfully knowledgeable about the Internet—he seems “THE REVOLUTION WILL BE TWITTERED!” to have studied every use of it, or every political use, in every country in the declared journalist Andrew Sullivan after world (and to have read all the posts). And he is wonderfully sophisticated and protests erupted in Iran in June 2009. Yet for tough-minded about politics. This is a rare combination, and it makes for a all the talk about the democratizing power powerful argument against the latest versions of technological romanticism. of the Internet, regimes in Iran and China His book should be required reading for every political activist who hopes to are as stable and repressive as ever. In fact, ALEXANDER KRSTEVSKI ALEXANDER change the world on the Internet.” —MICHAEL WALZER, Institute for authoritarian governments are effectively Advanced Study, Princeton using the Internet to suppress free speech, EVGENY MOROZOV hone their surveillance techniques, dissem- is a contributing editor to Foreign Policy “ Evgeny Morozov has produced a rich survey of recent history that reminds us inate cutting-edge propaganda, and pacify and Boston Review and a Schwartz Fellow that everybody wants connectivity but also varying degrees of control over their populations with digital entertain- at the New American Foundation. Morozov content, and that connectivity on its own is a very poor predictor of political ment. Could the recent Western obsession is currently also a visiting scholar at Stan- pluralism... -
Acquisitions of “Nascent” Competitors
the antitrust source Ⅵ www.antitrustsource.com Ⅵ August 2 0 20 1 Acquisitions of “Nascent” Competitors Jonathan Jacobson and Christopher Mufarrige Virtually every day we hear about how “big tech” has gotten “too big.” Congressional inquiries of Google, Amazon, Facebook, and Apple fill the business pages regularly. 1 The FTC is investigat - ing, 2 the Justice Department and State Attorneys General are reportedly about to file suit, 3 and enthusiastic academics and politicians are positing expanding antitrust as a way to “rein in” the activities of these firms. One of the most discussed approaches is using antitrust to prevent (or at least inhibit) large technology platforms from acquiring promising start-ups—based on the theo - ry that at least some such acquisitions of these “nascent competitors” eliminate important future Vcompetition. 4 Britain’s Competition and Markets Authority (CMA) and the U.S. Federal Trade Com - mission recently blocked the planned merger of Illumina and Pacific Biosciences on just that basis. 5 Other investigations are reportedly pending, 6 and there even have been some reports of revisiting long-consummated mergers, such as Facebook/Instagram or Google/YouTube. 7 We believe these efforts are largely misguided. “Nascent competitor” acquisitions tend to add useful new features to products consumers already love, eliminate little or no current competition, supply the acquired firm’s users with far greater support and innovation, and provide a valuable exit ramp for investors, encouraging future investments in innovation. Consumer harm is at best Ⅵ speculative. And most importantly, critics have identified no instances in which meaningful com - Jonathan Jacobson is a petition has been lost or consumers harmed. -
Tolerated Use
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2008 Tolerated Use Tim Wu Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Intellectual Property Law Commons Recommended Citation Tim Wu, Tolerated Use, COLUMBIA JOURNAL OF LAW & THE ARTS, VOL. 31, P. 617, 2008; COLUMBIA LAW & ECONOMICS WORKING PAPER NO. 333 (2008). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1534 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. The Center for Law and Economic Studies Columbia University School of Law 435 West 116th Street New York, NY 10027-7201 (212) 854-3739 Tolerated Use Tim Wu Working Paper No. 333 May, 2008 Do not quote or cite without author’s permission. This paper can be downloaded without charge at: The Social Science Research Network Electronic Paper Collection http://papers.ssrn.com/paper.taf?abstract_id=1132247 An index to the working papers in the Columbia Law School Working Paper Series is located at: http://www.law.columbia.edu/lawec/ Tolerated Use Tim Wu† Introduction “Tolerated use” is a term that refers to the contemporary spread of technically infringing, but nonetheless tolerated use of copyrighted works. Such patterns of mass infringement have occurred before in copyright history, though perhaps not on the same scale, and have usually been settled with the use of special laws, called compulsory licensing regimes, more familiar to non-copyright scholars as liability rules. -
The Net Delusion: the Dark Side of Internet Freedom
The Net Delusion: The Dark Side of Internet Freedom http://www.carnegiecouncil.org/resources/transcripts/0349.html/:pf_print... The Net Delusion: The Dark Side of Internet Freedom Evgeny Morozov , Joanne J. Myers Tuesday, January 25, 2011 Introduction Remarks Questions and Answers Introduction JOANNE MYERS: I'm Joanne Myers, director of Public Affairs Programs, and on behalf of the Carnegie Council, I'd like to thank you all for joining us. If you have been following the news out of Tunisia and are interested in the idea of democracy promotion via the Internet, you will find today's discussion to be extremely interesting. The question our speaker will be addressing is about whether the increased The Net Delusion: The Dark use of the Internet and technological innovations such as Twitter, YouTube, and Facebook Side of Internet Freedom have, in reality, brought increased democracy to those under authoritarian rule—or have these new cyber tools actually made things worse? Evgeny Morozov is often described as a gifted young cyber policy scholar who made his way to America from Belarus. He is recognized as the expert on the interaction of digital technology and democracy. In fact, his writings on this topic have reshaped many foreign policy debates and initiated new thinking on the power of the Internet to promote democracy around the world. In writing this book, Mr. Morozov's aim is to bring a dose of realpolitik to discussions about how much of a difference the Net and digital technologies actually make in advancing democracy and freedom. His findings may surprise you. -
361-Emerald Gottlieb-3611585 BIB 181..191
REFERENCES Agamben, G. (2015). The use of bodies (A. Kostko, Trans.). Stanford, CA: Stanford University Press. Babe, R. (2010). Cultural studies and political economy: Toward a new integration. Toronto, ON: Lexington Books. Barad, K. (2003). Posthumanist performativity: Toward an understanding of how matter comes to matter. Signs: Journal of Women in Culture and Society, 28(3) (Spring), 801À831. Barad, K. (2007). Meeting the universe half-way. Durham, NC: Duke U. Press. Bataille, G. (1985). Visions of excess (A. Stoekl, Trans.). Minneapolis, MN: University of Minnesota Press. Benjamin, W. (1969). Illuminations (H. Arendt, Trans.). New York, NY: Schocken Books. Bernes, J. (2013). Logistics, counter-logistics and the commu- nist prospect. Endnotes, Vol. 3, Endnotes, London. Retrieved from https://endnotes.org.uk/en/jasper-bernes-logisticscoun- terlogistics-and-the-communist-prospect BIPM Bureau International des Poids et Mesures. (2008). The International System of Units (SI). Paris: STEDI Media. Bratton, B. (2015). The stack. Cambridge, MA: MIT Press. 181 182 References Braverman, H. (1998). Labor and monopoly capital. New York, NY: Monthly Review Press. Bridle, J. (2016). Cloud history, cloud thinking. London: Serpentine Galleries, September 2016. Retrieved from http:// cloudindx.com Brustein, J. (2016). Uber and Lyft want to replace public buses. Bloomberg.com, August 15. Retrieved from https:// www.bloomberg.com/news/articles/2016-08-15/uber-and- lyft-want-to-replace-public-buses Caffentzis, G. (2013). In letters of blood and fire. Oakland, CA: PM Press. Caliskan, A., Bryson, J., & Narayanan, A. (April 14 2017). Semantics derived automatically from language corpora contain human-like biases. Science 356(6334), 183À186. Callinikos, A. -
Nascent Competitors
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2020 Nascent Competitors C. Scott Hemphill New York University School of Law, [email protected] Tim Wu Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Antitrust and Trade Regulation Commons, Internet Law Commons, and the Science and Technology Law Commons Recommended Citation C. Scott Hemphill & Tim Wu, Nascent Competitors, UNIVERSITY OF PENNSYLVANIA LAW REVIEW, VOL. 168, P. 1879, 2020; NEW YORK UNIVERSITY LAW & ECONOMICS RESEARCH PAPER NO. 20-50; COLUMBIA LAW & ECONOMICS WORKING PAPER NO. 645 (2020). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2661 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. ARTICLE NASCENT COMPETITORS C. SCOTT HEMPHILL† & TIM WU†† A nascent competitor is a firm whose prospective innovation represents a serious threat to an incumbent. Protecting such competition is a critical mission for antitrust law, given the outsized role of unproven outsiders as innovators and the uniquely potent threat they often pose to powerful entrenched firms. In this Article, we identify nascent competition as a distinct analytical category and outline a program of antitrust enforcement to protect it. We make the case for enforcement even where the ultimate competitive significance of the target is uncertain, and explain why a contrary view is mistaken as a matter of policy and precedent. -
The Intersection of Antitrust and Intellectual Property: the Quest for Certainty in an Uncertain World
Federal Trade Commission The Intersection of Antitrust and Intellectual Property: The Quest for Certainty in an Uncertain World Remarks of J. Thomas Rosch Commissioner, Federal Trade Commission before the Intellectual Property Litigation: Back to Business Latham & Watkins LLP Menlo Park, California May 18, 2011 I am going to talk today about the quest for certainty in an uncertain world. I will focus on the current debate between Dan Wall and Amanda Reeves, on the one hand, and Tim Wu, on the other hand, as well as on three amicus briefs the Federal Trade Commission has filed or may be filing respecting the intersection between antitrust law and intellectual property law. My remarks will be posted online on the Commission’s website at www.ftc.gov after I make them today. The views stated here are my own and do not necessarily reflect the views of the Commission or other Commissioners. I am grateful to my attorney advisor, Henry Su, for his invaluable assistance in preparing these remarks. The hunger for certainty in applying the antitrust laws among antitrust practitioners antedates modern high-tech or pharma issues. After all, it was certainty in the law that was largely responsible for Chief Justice Warren Burger’s fondness for rules of per se illegality.1 Arguably at the other end of the spectrum, it was this same interest in certitude that led the Justice Department to champion rules of per se legality in its (now withdrawn) 2008 Report on Single Firm Conduct.2 However, this quest for certainty (or predictability) has arguably risen to its crest as the intersection between antitrust law and intellectual property law has become fuzzier (or more blurred). -
Fall 2014 Columbia Magazine Collaborations 45 Startups
FALL 2014 COLUMBIA MAGAZINE COLLABORATIONS 45 STARTUPS. 1 GARAGE. C1_FrontCover_v1.indd C1 10/1/14 4:41 PM ChangeCHANGETHEWORLD lives, On October 29, join Columbians around the globe for 24 hours of giving back, connecting, and chances to win matching funds for your favorite school or program. Changing Lives That Change The World givingday.columbia.edu #ColumbiaGivingDay C2_GivingDay.indd C2 9/30/14 5:45 PM CONTENTS Fall 2014 12 44 26 DEPARTMENTS FEATURES 3 Letters 12 Start Me Up By Rebecca Shapiro 6 Primary Sources The new Columbia Startup Lab in SoHo is open Darwin in plain English . Gail Sheehy’s New York for business. We visit some young entrepreneurs to memories . Eric Holder goes to Ferguson see what clicks. 8 College Walk 22 Streams and Echoes Grab your coat and get your stethoscope . By Tim Page Decanterbury tales . Kenneth Waltz: The composer Chou Wen-chung, featured this fall as one A remembrance of the Miller Theatre’s “Composer Portraits,” has been connecting East and West for more than sixty years. 48 News Amale Andraos named dean of GSAPP . 26 The Professor’s Last Stand Columbia gives seed grants to overseas research By David J. Craig projects . Brown Institute for Media Innovation US historian Eric Foner is trying something new before opens its doors . Columbia Secondary School he retires: he’s fi lming a massive open online course, graduates its fi rst class . David Goldstein or MOOC. Call it a Lincoln login. recruited to head new genomics institute . Bollinger’s term extended 34 Rewired By Paul Hond 53 Newsmakers Law professor Tim Wu, the coiner of “net neutrality,” entered New York’s lieutenant-governor race to change 55 Explorations politics. -
Big Tech's Success Incites a Backlash
Big Tech’s success incites a backlash Many think the internet giants are too big for society’s good. But even a rethink of competition policy along such lines is unlikely to curb the largest platforms. Theodore Roosevelt, the 26th US president influence in a Gilded Age they created. They want Big Tech’s power reduced, even if that means breaking up these titans. who was in office from from 1901 to 1909, Amid these calls, US President Joe Biden’s administration is is ranked among the greats.[1] Among flexing against Big Tech. House Democrats have introduced six achievements, Roosevelt won the Nobel antitrust bills[5] including the Republican-supported Ending Prize in 1906 for efforts to resolve the Russo- Platform Monopolies Act that seeks to ban takeovers and limit conflicts of interest.[6] Biden has appointed tech foes to head Japanese war and ensured the Panama Canal regulatory bodies and advise him. Biden named as his special was built under US control. The Republican assistant for competition policy Tim Wu, a law professor who has protected natural wonders such as the called for the dismantling of Facebook and who blames monopoly power for the rise of fascism in the 1930s.[7] He chose Jonathan Grand Canyon, welcomed Oklahoma as Kanter, designer of the EU’s antitrust case against Google, to the 46th state, founded the Department of run the Justice Department’s Antitrust Division. He selected Lina Commerce and Labor (since split) to oversee Khan, an academic famous for highlighting Amazon’s conflicts of interest, to head competition watchdog, the Federal Trade the economy and, by expanding the navy, Commission. -
What Things Regulate Speech: CDA 2.0 Vs. Filtering Lawrence Lessig* in 1995, California Passed a Statute Making It a Crime to Sell Porn in Vending Machines
What Things Regulate Speech: CDA 2.0 vs. Filtering Lawrence Lessig* In 1995, California passed a statute making it a crime to sell porn in vending machines. More precisely, the statute made it a crime to sell “harmful matter” (meaning harmful to minors) in any vending machine, unless that vending machine is equipped with an adult identification number system.1 What “harmful matter” is is anyone’s guess.2 What an adult identification number system in a vending machine would be, no one quite knows.3 The aim of the statute was obvious. It was to keep kids from porn.4 An unattended vending machine can’t tell whether its vendee is 8 or 80. So an unattended vending machine can’t dis- criminate in its distribution of porn. Porn shouldn’t be distributed by nondiscriminating technologies — or so the California legisla- ture thought. And vending machines are just such a technology. *Jack N. and Lillian R. Berkman Professor for Entrepreneurial Legal Stud- ies. Professor of Law, Harvard Law School. Thanks to Teresa Wu, Tim Wu and Melanie Glickson for exceptional research support. Thanks also to Phil Agre, Mike Godwin, Deepak Gupta, Mark Lemley, Jon Weinberg for strong, but helpful, criticisms. Further comments should be sent to les- [email protected]. 1 California Penal Code § 313.1(c)(2), and (h). 2As I describe more below, the standard is drawn from Ginsberg v. New York, 390 U.S. 629 (1968), but as it is applied by juries, its application has produced great variance. For a helpful introduction, see Comment, The Jury’s Role in Criminal Obscenity Cases, 28 U. -
The Threat of Surveillance Capitalism
A DESPROPÓSITO Teknokultura. Revista de Cultura Digital y Movimientos Sociales ISSNe: 1549-2230 http://dx.doi.org/10.5209/TEKN.64984 The threat of surveillance capitalism Chris H. Gray1 Recibido: 7 de julio 2019 / Aceptado: 22 de octubre 2019 Open peer reviews Abstract. Using Shoshana Zuboff’s 2019 book, The Age of Surveillance Capitalism, the essay explores this latest form of capitalism and Zuboff’s claims about its organization. Her arguments are compared and contrasted with David Eggers novel, and the movie that came out of it, called The Circle, as well as other perspectives on capitalism (Marx, Barry Unsworth’s Sacred Hunger) and the current dominance of social media companies (especially Alphabet/Google, Facebook, and Amazon) from Evgeny Morozov, Natasa Dow Schüll, Zeynep Tufekci, Steve Mann and Tim Wu. Zuboff’s description and critique of Surveillance Capitalism is a convincing and important addition to our understanding of the political economy of the early 21st Century and the role of giant monopolistic social media companies in shaping it. Keywords: behavioural surplus; Shoshanna Zuboff; social media. [es] La amenaza del capitalismo de la vigilancia Resumen. A partir del libro de Shoshana Zuboff de 2019, The Age of Surveillance Capitalism, el ensayo explora esta última forma de capitalismo y las afirmaciones de Zuboff sobre su organización. Sus argumentos se comparan y contrastan con la novela de David Eggers, y su adaptación a la gran pantalla en la película El Círculo [The Circle], así como otros analistas del capitalismo (Marx, Barry Unsworth’s Sacred Hunger) y, en particular, del dominio actual de las compañías de redes sociales (especialmente Alphabet/Google, Facebook y Amazon) como Evgeny Morozov, Natasa Dow Schüll, Zeynep Tufekci, Steve Mann y Tim Wu. -
Are Those Who Ignore History Doomed to Repeat It? (Reviewing The
REVIEW Are Those Who Ignore History Doomed to Repeat It? PeterDecherney,f Nathan Ensmenger,tt & ChristopherS Yoot The Master Switch: The Rise and Fall of Information Empires Tim Wu. Alfred A. Knopf, 2010. Pp x, 366. INTRODUCTION The Internet has become such an integral part of people's daily lives that one can easily forget how young it is. After a two-decade gestation period, during which the network was primarily the plaything of university-based computer scientists, the Internet exploded onto the public's consciousness during the mid-1990s. During this period, the Internet was widely regarded as unlike anything that had ever gone before.' Every month seemed to bear witness to a new innovation that made possible new forms of expression and communication. The Internet's potential seemed limitless. In recent years, the heady days of the Internet's youth have given way to the more troubled days of its adolescence. Commentators have begun to bemoan the ways in which the Internet may actually be damaging the human condition.! Other writers are more sanguine t Associate Professor of Cinema Studies and English, University of Pennsylvania. ft Assistant Professor, School of Information, University of Texas. f John H. Chestnut Professor of Law, Communication, and Computer & Information Science and Founding Director of the Center for Technology, Innovation and Competition, University of Pennsylvania. The authors would like to thank Joe TIrow for his contributions during initial discussions about this Review. 1 For a leading statement of Internet exceptionalism, see David R. Johnson and David Post, Law and Borders- The Rise of Law in Cyberspace,48 Stan L Rev 1367,1387-91 (1996).