U.S. District Judge James Boasberg was right to dismiss the FTC’s antitrust case against Facebook (see 2106280057), but he created a road map for the agency to replead its monopoly case against the social network, antitrust attorneys said in interviews.
Broadcasters and the recording industry remain at odds over a longstanding legislative debate about the prospect of performance royalty payments for radio airplay. Interviews with NAB and former Rep. Joe Crowley, D-N.Y., chairman of musicFIRST, a group that represents artists’ interests, highlighted the divide.
As ISPs face a growing number of lawsuits by music labels accusing them of complacency in battling piracy by their subscribers, intellectual property and copyright experts say it's not clear whether broadband internet access service providers have modified their procedures in response or whether such contributory and vicarious copyright infringement suits will continue to be filed and potentially won for years to come.
FuboTV shares rose 11% Wednesday to close at $31.82 after Q2 revenue and subscriber numbers were well above projections. The virtual MVPD raised full-year revenue guidance by 15 percentage points at the midpoint to $560 million-$570 million, a 116% increase vs. 2020, and end-of-year subscriber count to 910,000-920,000, a 67% bump. Q3 revenue is estimated to be $140 million-$144 million, with an end-of-quarter subscriber count rising 79% to 810,000-820,000.
TikTok is fielding a wave of user complaints about content takedowns and account suspensions, after the platform’s shift to more automated moderation. TikTok is removing content and accounts based on false violations, one user told us. Others expressed frustration over seemingly frivolous takedowns. Content moderation experts told us automation is necessary at TikTok’s scale, but the platform can act to minimize mistakes.
Tech sector and civil society continue to disagree on aspects of a proposed EU AI regulation, they said. The draft Artificial Intelligence Act (AIA) seeks to create trust in AI technologies via a risk-based approach that categorizes them as prohibited, high-risk or limited risk (see 2104210003). The proposal got generally positive though mixed reviews when it emerged in April. A European Commission consultation that closed Friday showed public interest and consumer groups remain worried about the measure's potential impact on human rights, while technology companies are concerned the law is too broad and could be onerous.
DOJ has “grave concerns” about T-Mobile's impending shuttering of its CDMA network and what that means for Dish Network's many Boost customers left in the lurch, said a July letter to Dish and T-Mobile from DOJ antitrust acting Assistant Attorney General Richard Powers that Dish filed Monday with the SEC. Justice said it might “pursue all remedies available” if the CDMA network shutdown means either T-Mobile or Dish not taking necessary steps to ensure Boost customers aren't left stranded without a functioning network. Many think the FCC is unlikely to act on Dish's CDMA complaint (see 2105060024).
Senate Finance Committee Chairman Ron Wyden, D-Ore., Banking Committee ranking member Pat Toomey, R-Pa., and Sen. Cynthia Lummis, R-Wyo., were seeking a Saturday vote on language to clarify new cryptocurrency tax provisions included in the bipartisan Infrastructure Investment and Jobs Act substitute for shell bill HR-3684 (see 2108050064). They seek to narrow the definition of “broker” for digital asset third-party tax-reporting requirements. Software developers, e-wallet providers and miners shouldn’t face the same burdensome requirements as entities running crypto exchanges, they said.
Commissioners 4-0 OK'd a public notice Thursday designating innovation zones for experimental licenses in Raleigh and Boston, while expanding New York City's, as expected (see 2108030052). Commissioner Geoffrey Starks urged the FCC to provide licensed spectrum for drones. The Raleigh zone is focused on unmanned aircraft systems.
FTC Chair Lina Khan’s open meeting approach is drawing the ire of some Senate Republicans. Judiciary Committee ranking member Chuck Grassley, R-Iowa, told us he stands by his vote for Khan’s confirmation. Last week, Sens. Marsha Blackburn, R-Tenn.; John Cornyn, R-Texas; Thom Tillis, R-N.C.; Cynthia Lummis, R-Wyo.; and Bill Hagerty, R-Tenn., wrote Khan expressing concerns about the “FTC’s level of transparency.” They drew attention to the lack of opportunity for public comment leading to recent party-line votes (see 2107210061 and 2107010081).