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Why Have A Telecommunications Law? Anti-Discrimination Norms In Communications, Tim Wu
Why Have A Telecommunications Law? Anti-Discrimination Norms In Communications, Tim Wu
Faculty Scholarship
This paper describes a vision of what telecommunications laws’ central goals should be in coming decades, and what kind of legal instruments will serve those goals. The telecommunications law, I suggest, has been preoccupied with three projects: allocating rights, managing discrimination, and achieving various social goals, like indecency regulation. This paper argues that in the future the main point of the telecommunications law should be as an anti-discrimination regime, and that the main challenge for regulators will be getting the anti-discrimination rules right.
The view advanced here, while much popularized over the last decade, has deeper roots reaching back to …
The Copyright Paradox, Tim Wu
The Copyright Paradox, Tim Wu
Faculty Scholarship
Copyright law has become an important part of American industrial policy. Its rules are felt by every industry that touches information, and today that means quite a bit. Like other types of industrial policy, copyright in operation purposely advantages some sectors and disadvantages others. Consequently, today's copyright courts face hard problems of competition management, akin to those faced by the antitrust courts and the Federal Communications Commission.
How should courts manage competition using copyright? Over the last decade, writers have begun to try to understand the "other side" of copyright, variously called its innovation policy, communications policy, or regulatory side.Here …