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March 28, 2005
Microsoft Cozying Up to Washington Regulators
Posted by Ernest Miller
The Seattle Times has a very informative article about the ways that Microsoft is becoming involved in Washington lobbying, particularly in the regulatory arena (Microsoft woos new pals in D.C.). I highly recommend reading this article to learn a bit about how many of these various regulatory issues tie together, at least from the perspective of one company.
The article also reveals (inadvertantly, perhaps) many of the tensions within our existing regulatory structures. For example, the article notes:
In yesterday's analog world, television programs were delivered on TVs, radio shows on radio. Today's technology has complicated the situation by enabling cable, computers and all manner of electronic devices to deliver the Web, phone service, music, video and other digital content.
Why is that convergence is complicating the situation? The situation has been complicated by regulatory structures that created artificial distinctions among various forms of distribution technologies.
There is also some disingenousness:
Only a few years ago, Microsoft opposed the [broadcast] flag, because such an approach attempts to tell software designers what to include and sets limits on the Internet. But now, Microsoft cannot afford to tick off its fledgling friends from Hollywood, the movie moguls it will need to provide content as it ventures into new video technology.
Gee, and it couldn't have anything to do with Microsoft desiring to be a gatekeeper to technological development in the video distribution sector and to inhibit the development of open source alternatives. Microsoft is just trying to help its friends in Hollywood. Yeah, right.
Anyway, read the whole thing.
UPDATE 1145 PT
Donna Wentworth has a couple more things to say on this over on Copyfight (Why Microsoft Won't Fight the Broadcast Flag).
Comments (1)
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Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School.
Ernest Miller's blog postings can also be found @
1. Scote on March 28, 2005 10:00 PM writes...
From the article:"Only a few years ago, Microsoft opposed the [broadcast] flag, because such an approach attempts to tell software designers what to include and sets limits on the Internet. But now, Microsoft cannot afford to tick off its fledgling friends from Hollywood, the movie moguls it will need to provide content as it ventures into new video technology."
By pointing out that this is a false premise, you make a very important point that should have been obvious to the newspaper.
If anyone stands to *benefit* from the broadcast flag, it is Microsoft. With their billions of dollars in available cash and their undisputed monopoly power, they are in a unique position to make the closed standard that will allow Microsoft Media Center PCs legally able to record broadcast TV in concurrence with the FCC and Hollywood. They will declare this standard to be an "Open" standard because more than one vendor will be licensed by Microsoft to make hardware that supports it, and Microsoft will lock out open source alternatives and pound the stake through the heart of Apple's media hub ambitions.
Microsoft isn't afraid of Washington. The broadcast flag fits perfectly into Microsoft's ambitions to control the standards for all digital media and make anyone who wants to access music, videos or TV have to purchase Microsoft products to do so.
The right to free a free democratic society and a fair capitalist market place requires that Microsoft's selfish and domineering ambitions be thwarted at every level.
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