On April 5, 2021, the Supreme Court handed down its opinion in Google LLC v Oracle America, Inc. Almost all of the reporting on this is terrible because the journalists covering it lack understanding of copyright and of programming. I understand both, so let me explain what’s going on here.
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So the Aereo case went to the Supreme Court, and it’s official: Aereo lost, and may be killed as the result of government. Naturally I agree with the three justice minority of Antonin Scalia, Sam Alito, and Clarence Thomas. Clarence Thomas is the kind of guy that, if he rules against what I thought was right, I’ll doublecheck to see if I was wrong. And he voted with Scalia.
Turns out there’s some real gold in the dissent, too. Justice Scalia could write Tech at Night.
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Censorship’s the big word right now. The FCC’s under pressure to ban pro sports blackouts, and the Supreme Court may end national profanity rules. However I consider those things small. Few people have access to television broadcasts. Most of us aren’t actually censored by these regulations.
We all have access to the Internet though; that’s how a nobody like me is able to shape the debate against well-funded leftist groups. So I’ll freely admit it: It’s a self-serving thing for me to oppose Internet censorship. I don’t want the Obama administration to have the power to collaborate with private leftist groups to steal people’s domains, and force all ISPs to cooperate with that effective creation of a national censorship blacklist.
They want to call the little guys “E-PARASITES,” using copyright as cover to censor whatever the heck they want. Because once you let the government start blanking out parts of the Internet, then what’s to stop them from blanking out oversight of that censorship? Nothing. Just ask Australia, which censored the internet “for the children,” but then started banning oversight of the censorship, as well as unrelated content like American anti-abortion websites.
The committee vote on SOPA / E-PARASITES is coming, and I’m hearing that the witness list for the bill is stacked 5-1 in favor of the bill. In the Republican House, we’re rigging the hearings in favor of giving the President more regulatory power over the Internet. It boggles the mind. Please consider contacting the Judiciary Committee and asking them to oppose this censorship power grab.
If the US Government starts monkeying around with DNS, the world will ignore it, the same way we ignore Chinese attempts to censor the Internet. We will lose our position as world leader of the Internet overnight.
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And we truly are back. Friday night was a night off thanks to some maintenance at RedState. It was nice because I could rest on a Friday night… but it’s not so nice now when I have a whopping 20 Firefox windows to sort through tonight. So here we go.
With so many big stories going on, it’s hard to pick which one to start with. So I’ll start with the one that may be under the radar more than the others. The FCC refused to declare the wireless market competitive in its annual report required by the [Correction: OMNIBUS BUDGET RECONCILIATION ACT OF 1993]. This is a ridiculous position to take. Despite obvious, quantifiable proof that prices are lower, service is better, and choices abound, the FCC has refused to admit the market is competitive for ideological reasons. After all, if the FCC finds the market competitive, it can’t give itself permission to regulate further. Just more proof we need FCC reform, joining the long list of existing reasons.
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