April 2015

In a blog post by an AT&T executive, the author cited a filing with the Federal Communications Commission from the National Association of Broadcasters charging that the database designed to support TV white spaces is riddled with errors. Noting that the FCC has big plans for spectrum sharing based on the assumption that a database can accurately track spectrum usage, the author argues that “NAB’s petition now exposes those assumptions to some serious doubts.” What the executive didn’t mention is the response to the NAB from the Wireless Innovation Alliance. According to the alliance, the alleged erroneous database entries are actually test records put into the database to make sure equipment was functioning properly. The WIA says there have been no interference problems involving TV white spaces and broadcasters because companies deploying TVWS broadband “have been following rules for testing and deployment.” The WIA suggests that the FCC consider standardizing certain database policies such as requiring inactive transmitter records to be purged. It’s not clear whether AT&T was unaware of the WIA explanation or whether it was aware and chose to omit the explanation in the blog post. But whatever the reason the blog post doesn’t tell the whole story.

[Commentary] The 2014-15 television season is almost in the books, and it will arguably go down as one of the most groundbreaking as it pertains to diversity. The success of a group of new shows on both traditional and digital TV platforms has helped to eradicate some long-held preconceived notions about shows created by and starring people of diverse backgrounds.

First, this TV season has proven that content with diverse themes and lead characters can appeal beyond specific niche groups. Second, services including Amazon and Netflix have proven you can build successful series around transgender characters who are complicated, compelling and three-dimensional, rather than cartoonish caricatures that viewers could easily dismiss as weird or somehow not real. Third, it’s good to have diversity behind the camera as well as in front of it. The new wave of multicultural producers, directors, writers and showrunners is providing viewers with narratives that reflect unique experiences and cultural nuances -- no better or worse than anyone else’s; just different than what viewers have seen in the past -- that have put a fresh and colorful coat of paint on traditional TV genres that viewers love to watch.

Google was spared from a recent wave of Internet bans in Turkey after it reportedly complied with a court order to remove links to images of Mehmet Selim Kiraz, a prosecutor who died after leftist militants took him hostage at an Istanbul courthouse. Twitter and YouTube were temporarily blocked in Turkey after they failed to respond to an order to remove photographs and other content showing one of the hostage takers pointing a gun at Mr. Kiraz’s head during the assault. In a separate court ruling, the authorities gave Google four hours to comply with the restrictions.

“Google is different from hosting providers like Twitter or YouTube. It is a major search engine,” Burcak Unsal, an expert in digital law, said. “It may take days to clear Google content when it gets constantly re-added, so the company must have ensured that it has started the process to evade the ban.” Some see the recent restrictions on the Internet as an early sign of efforts by the governing Justice and Development Party to curb freedom of expression and to silence dissenting voices before national elections in June.

A US appeals court is set to hear a landmark patent case on April 8 that could change the way royalty rates are set for commonly used intellectual property in the tech industry. The case, pitting Microsoft against Google, has already involved a lower court in setting patent rates for the first time, in a move that critics warn will upend the balance of power between leading tech companies. Microsoft brought the case in 2010 against Motorola Mobility, the handset maker later acquired by Google. The search company sold Motorola’s operating business to Lenovo in 2014 but kept its patents and has now taken the case to the court of appeals.

The dispute centres on so-called standard-essential patents, which cover technology that is included in industry-wide technology standards. Since others have to use the technology if they want their own products to meet an industry standard, the companies that submit their patents for approval by standards bodies are required to license them out on “reasonable and non-discriminatory”, or RAND, terms. If upheld, Judge Robart’s approach could tilt the balance of power in negotiations away from companies that own large portfolios of commonly used patents and instead favour those -- like Microsoft or Apple -- whose businesses are based more on implementing technology standards in their products. "It’s going to be very significant indeed. Nobody quite understands what the term [RAND] means,” said Alexander Poterack, chief executive of General Patent Corp, a US intellectual property firm.