Revolving Door: Main Architect Of PIPA (Senate Version Of SOPA) Now... Lobbying For The MPAA

from the just-swings-around-and-around-and-around dept

A couple of years ago, we wrote about an interview with disgraced lobbyist Jack Abramoff, in which he explained one of his most effective strategies in getting legislation in his favor. The key trick: find key staffers working for elected officials and tell them they had a job waiting for them whenever they wanted it. Here was the key bit:

And he would ask them: "When do you want to start?" If they said "two years," he knew that the guy was already working for him, but on the inside. As he says "I really hired him that day," even though he went on for two more years working as a chief-of-staff to someone in Congress.

Just yesterday, we wrote about Rep. Howard Berman -- famous for his support of ever expanding copyright law -- who has now been hired to lobby for the MPAA. Berman, the former Congressman, is obviously the headline piece. But, along with that news came some further news that didn't get as much attention -- which is that in hiring the firm that Berman works for, Covington & Burling, the MPAA didn't just hire Berman, but also Aaron Cooper, who was Senator Patrick Leahy's chief intellectual property staffer, and the main guy behind the PROTECT IP Act (PIPA), the Senate's version of SOPA.

The MPAA, of course, was the main driving lobbying force (along with the US Chamber of Commerce) to get SOPA/PIPA approved. And here we are, just a couple of years later, and the Congressional staffer who was the main internal architect of that bill is... now officially paid by the MPAA. The old "revolving door" continues to swing round and round. Jack Abramoff would be proud.

Filed Under: aaron cooper, howard berman, lobbying, pipa, protect ip, revolving door, senate judiciary committee, sopa
Companies: covington & burling, mpaa

Former 'Representative From Disney' Howard Berman Makes It Official: Starts Lobbying For Hollywood

from the hollywood-howard-gets-his-payday dept

For years, Hollywood's biggest player in Congress when it came to copyright policy was Rep. Howard Berman. He was often referred to as the Representative from Disney for his willingness to always push for more expansive copyright policies. While he was sometimes called the Rep from Hollywood, I believe his actual district was "adjacent to" Hollywood, though it "included parts of" Hollywood as well. Either way, in 2012, thanks to redistricting, Berman went up against another longterm LA Representative, Brad Sherman, and lost. Berman quickly became a lobbyist, and now it's come out that he's officially lobbying for the MPAA on "issues related to intellectual property protection" because of course he is. Not much else to say about this other than it's yet another example of the revolving door and the nature of back-scratching that happens in DC.

Filed Under: congress, howard berman, lobbying, revolving door
Companies: mpaa

Another Friend Of The Recording Industry Joins The House Subcommittee On Courts, Intellectual Property And The Internet

from the another-revolving-door dept

There's a new ranking member of the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet, and it's another copyright maximalist. Mel Watt, the former ranking member and one of SOPA's biggest supporters, has moved on to the Federal Housing Finance Agency. Before Mel Watt, there was subcommittee chair "Hollywood" Howard Berman, whose nickname clearly spells out which side of the copyright argument he espoused.

The newest ranking member is Jerry Nadler and he's virtually indistinguishable from his preceding party members. Nadler's previous legislative efforts have been the (unofficially titled) "RIAA Bailout Act of 2012" (in which he sought to raise satellite and cable radio royalty rates to match the exorbitant amount demanded of internet streaming sites) and an attempt to create a "resale right," which would give rights holders a cut any time a creation was resold. Nadler also supported extending copyright protection to fashion designers, something that industry has proven it doesn't actually need.

Now, he'll be advising Bob Goodlatte (another SOPA supporter), who's currently in the middle of a "comprehensive copyright review." The deck seems to be rather well-stacked in favor of the copyright industries at the moment, and if the past is anything to go by, this won't be changing in the future.

Back in 2008, there was a good chance that Rick Boucher, a legislator who had a history of siding with consumers in copyright battles, and who had been pushing to rewrite the DMCA, would succeed Berman. Rather than allow this opening to be filled by someone who might push for copyright reform, John Conyers (the head of the Judiciary Committee at the time -- and another pro-copyright legislator) simply declared the subcommittee "unnecessary" and shut it down. When Boucher lost his reelection run, the subcommittee was magically resurrected and the open position given to Mel Watt.

Nadler issued some bland "working together" assurances in his press release about his new position.

"These laws are at the core of how we consume media, from watching TV and listening to music to enjoying a movie or sharing photos,” Nadler said in a statement announcing his new assignment.

“We will seek to strike the right balance between how artists, authors, musicians, photographers and other content creators are compensated for their work with the desire of technology companies to provide new and innovative ways for consumers to access this content like never before," he said.

As The Hill's article notes, the recording industry seems pleased with this decision, noting that Nadler's views are aligned with outgoing member Mel Watt (and, of course, the industry's) on the issue of levying royalties on AM and FM radio stations, formerly known as its preferred promotional tool. Nadler namechecks the future but his supporters have their sights set on extracting a revenue stream from old school, terrestrial radio. In context, the "right balance" means siding with the copyright industries and those not inclined to do so may find themselves to be ranking members of nothing, personas non grata on a subcommittee that no longer exists.

Filed Under: bob goodlatte, howard berman, jerry nadler, mel watt, revolving door, sopa

Entertainment Industry Mourns The End Of 'Hollywood' Howard Berman Being Their Personal Voice In Congress

from the time-to-get-with-the-times dept

We noted after the election that Hollywood's absolute favorite elected official -- "Hollywood" Howard Berman -- lost his seat. He was often referred to as "the Representative from Disney" for his unwavering support of passing legislation that helped the big Hollywood studios and record labels over the public interest. For many of us interested in the public benefit, his loss seemed like a good deal -- but, of course, for folks at the big movie studios and record labels, it was a disaster. Just witness this unintentionally hilarious Politico piece by former MPAA exec and current Universal Music 'Executive VP of Public Policy,' Matt Gerson, which read like a love letter to Berman, where he reveals what everyone knew already: that Berman and the MPAA were apparently in constant communication, with Berman regularly being called into MPAA meetings to help.

I first met Howard Berman when I was with the Motion Picture Association of America. I remember Jack Valenti uttering a phrase that I would hear repeatedly over 20 years: “What does Howard think?” When we have an idea for a compromise, someone runs it by Howard. When we develop a strategy, someone is tasked to get Howard’s reaction. When we speak with his congressional colleagues, the usual response from Democrats and Republicans alike is, “Let me grab Howard on the floor and see what he is thinking.”

The article is also a little wacky, in that it both highlights Berman's supposed "attention to detail," as well as his apparently frequent failures to know the names of the people he was talking about.

Either way, you can understand why the legacy entertainment industry companies are sad to be losing such a close "friend," but aren't we all a little better off with Representatives who actually pay attention to what's best for the public, rather than just what's best for a few companies?

Filed Under: congress, copyright, howard berman, matt gerson, politics
Companies: mpaa, universal music

Will The Next Secretary Of State Support Internet Freedom Or SOPA?

from the let's-hope-for-internet-freedom dept

Last week, we noted that one of Hollywood's favorite Congressional Reps., Howard Berman had lost his re-election bid (in part due to re-districting, putting him up against another incumbent). For years, Berman has been a go to guy for the entertainment industry looking to pass dubious copyright expansion bills. Berman used to run the "IP Subcommittee" of the Judiciary Committee -- which you would think is a major conflict of interest, since he (literally) represented part of Hollywood. Amusingly, when he moved on to head the Foreign Affairs Committee, the next line for the IP Subcommittee was Rep. Rick Boucher -- a noted copyright reform advocate. Magically, the Judiciary Committee made the IP Subcommittee disappear. When Boucher lost in the next election, and a maximalist was available again, magically the subcommittee reappeared.

Either way, as a bunch of sources have been reporting, now that Berman lost, he's on the short list of possible candidates to become the new Secretary of State after Hillary Clinton steps down early next year. While many had thought that John Kerry would take the position (which he wants), there is now concern that the administration won't want to take him out of the Senate, because his seat would likely flip to the Republicans (Scott Brown, who narrowly lost to Elizabeth Warren this time around). The other leading candidate, Susan Rice, (the US's ambassador to the UN) is in a world of controversy right now over the Benghazi situation. That leaves Berman as a top choice (though there are a few others).

However, considering that the State Department is a leading supporter of internet freedom principles. Hillary Clinton made internet freedom a key plank of her focus at the State Department. In fact, we heard from multiple sources that the internal view at the State Department was against SOPA because it would hurt internet freedom efforts abroad. Similarly, we heard that State Department pressure on the White House helped lead to the surprising decision by the administration to come out against SOPA.

While Berman is known for having a strong grasp of foreign affairs issues, his positions on internet freedom and copyright should make it clear that he's the wrong choice for Secretary of State. While people at State realized how problematic SOPA was, Berman was a co-sponsor of SOPA and continued to defend the bill to the end -- arguing that it would have no impact on free speech and insisting that copyright infringement is no different than theft. Berman was also the one who tried to get Hillary Clinton to speak out in favor of SOPA, and then misrepresented that the letter she sent concerning the relationship between copyright and free speech, meant that the State Department supported SOPA (when it did not).

Given all that, Demand Progress is asking people to sign a letter to the White House not to nominate Berman as a replacement for Clinton. It really seems like he is way too beholden to a particular industry to be the appropriate person for the State Department. Let him do what everyone expects, and pick up an entertainment industry lobbying job.

Filed Under: howard berman, internet freedom, secretary of state, sopa, state department

Surprise: Two Of Hollywood's Favorite Representatives, Howard Berman & Mary Bono Mack, Defeated

from the he-can-go-hang-out-with-rick-boucher dept

While people who just got into Congressional issues during the SOPA fight may have thought that Rep. Lamar Smith was Hollywood's favorite representative, that honor much more likely fell on Rep. Howard Berman -- who, for many years was Hollywood's guy in Congress (somewhat literally, as parts of Hollywood were covered by his district). There was, of course, no chance that Lamar Smith was going to lose his re-election campaign, as there were no serious challengers, but Berman was definitely a different story. Due to redistricting, his district was merged with another longterm Congressional Rep., Brad Sherman -- and the two had to face off. It turns out that Berman lost and Sherman won. Sherman, not surprisingly, also tends to support the entertainment industry's position on a lot of things, but never quite to the level of Berman over the years.

Another longterm favorite of the entertainment industry, Rep. Mary Bono Mack, who ushered in the ridiculous Sonny Bono Copyright Term Extension and has been a regular supporter of the entertainment industry's crazier plans, has lost out in a very tight race.

As for Smith, he won his election to no one's surprise -- but the margin was actually a lot lower than I expected. He took it with 60% of the vote. In 2008 he had 80% of the vote and in 2010, 69% of the vote. It may not have been enough to tip the election, but perhaps young people in his district voted for internet freedom.

Filed Under: brad sherman, congress, copyright, hollywood, howard berman, lamar smith, mary bono mack

Irony Alert: Hollywood Howard Berman To Introduce 'Internet Freedom' Bill

from the are-you-serious? dept

Earlier this year we noted this was likely, but now it appears that Rep. Howard Berman is getting ready to introduce an "Internet Freedom Bill," that would limit how US companies could operate in "internet-restricting countries." Now, we've already pointed out that it's odd to see politicians pushing such bills when the US itself is pushing to restrict the internet in similar ways -- but it's particularly ironic with Berman. In supporting this new legislation, Berman notes:

He's trying to figure out "what's the most effective thing we can do to help people in countries where the government is" seeking to restrict Internet freedom.

But, here's the thing. Howard Berman, who literally is the Representative for (part of) Hollywood, has been a very, very, very strong proponent of restricting internet freedoms any chance he gets -- as long as those restrictions are part of Hollywood's plan to prop up its business model. Berman famously proposed letting companies hack into file sharing networks to break them a few years back. He's also been a major proponent of turning ISPs into copyright cops, and (of course) was actively involved in the initial planning for ACTA. He's also sought to limit the ability for people to access publicly funded research, claiming that he didn't want the "N" in NIH to "stand for Napster."

Perhaps before passing legislation to try to punish other countries for their internet restrictions, Berman should take a long hard look in the mirror, at his own long and detailed history of supporting internet restrictions in the US.

Separately, with the news coming out that New Zealand has just started rolling out its own internet censoring system, it will be interesting to see if Berman's legislation includes "friendly" countries like New Zealand and Australia that push internet censorship.

Filed Under: censorship, copyright, howard berman, internet freedom, internet restrictions

Howard Berman Concerned About Internet-Repressive Regimes, Except If They Help His Friends In Hollywood

from the mickey-mouse dept

We were just discussing the vast similarities between China's internet censorship and what is being proposed in ACTA -- but, of course, not everyone seems to realize those similarities. Nick Dynice points us to the news that Rep. Howard Berman (who represents Hollywood and is sometimes referred to as "the Representative from Disney" given his longstanding support for any law that increases the scope of copyright law) is apparently speaking out against "repressive internet regimes" such as those in China, while at the very same time being a strong supporter of ACTA which could push for very similar "secondary liability" rules for ISPs in the US that are the foundation of Chinese internet censorship.

Nick also points out how amusing it is that, at the same time, Berman, in his role as chairman of the House Foreign Affairs Committee has also been knocking China for not doing enough to stop copyright infringement online, complaining about their "weak and ineffectual" measures.

So, apparently, using secondary liability to stop stuff Berman wants stopped is good, but using it to stop stuff Berman doesn't want stopped is bad. But why is it that Howard Berman gets to decide when it's appropriate to force ISPs to block content and when it's not?

Filed Under: acta, censorship, china, copyright, howard berman, internet, repression, three strikes

Howard Berman Looks To Send More Hated US IP Cops Around The Globe

from the enforcing-monopoly-is-hard-work dept

Earlier this year, we wrote about how the US's international copyright cops were complaining how people in other countries didn't like them very much. Specifically, they seemed shocked that other countries didn't necessarily agree with the US's view of copyright. Also, in that post, we had a quote from the US Chamber of Commerce, who was quite worried about "anti-IP activists" who were a "threat" rather than folks providing evidence of how excessive IP can do a lot more harm than good for industry. It's amazing that people providing evidence and data of how to build better businesses by adopting alternative models and trying to limit the damage done by excessive IP are considered a "threat."

Either way, it should come as little surprise that the Chamber of Commerce is now applauding the fact that Rep. Howard Berman (the Rep from Hollywood, who's never seen a copyright law he couldn't make more draconian) is trying to increase the number of US IP cops trolling the world trying to bully and cajole other countries into implementing more draconian copyright rules, no matter how much it goes against their own self interest. The details are hidden in The Foreign Relations Authorization Act because who could be against that, especially since it also authorizes funds for the Peace Corp?

Filed Under: howard berman, ip cops, us chamber of commerce

Hollywood's Favorite Lawmakers Preparing Next Level Of Draconian Copyright Laws

from the because-ProIP-wasn't-enough dept

Because (of course) last year's ProIP bill that (once again) strengthened copyright laws wasn't enough, Hollywood's favorite lawmakers all got together outside of LA and complained about how copyright laws needed to be even more draconian. They once again quoted the same mythical stats about the damage done by infringement, and didn't hear from a single defender of the public or someone who could explain the basic fact that strengthening copyright law doesn't solve anything. Instead, they just complained, blamed pretty much every foreign country (other than France) and insisted "something must be done!"

Apparently changing their business models to adapt to a changing marketplace has yet to be considered. Not when all of these Congressional Reps from California have no problem swallowing made up stats and misleading fear mongering from an industry unwilling to embrace new business models. Instead, they blame everyone else, including apparently a major session blaming Canada. It's still not clear why Hollywood thinks Canada is such a copyright pariah. The country already has pretty strong copyright laws and doesn't seem to be a haven for piracy at all.

The only country they did seem to like? Apparently that would be France, which just sneakily (after most of Parliament had gone home for the night) passed a three strikes bill. The entertainment industry execs seemed to think this might be a perfect solution -- once again looking to kill off any opportunity to create a better business model, and instead piss off fans and drive them further underground. It's like seeing the same dumb horror movie over and over again, where we the consumers/audience keeps yelling out "no, don't go in there!" and yet they still go in there, make the same mistakes over again and end up only damaging themselves. Is it really that difficult for them to recognize that the business model is the issue, and no amount of increased copyright protection is going to change that?

In the meantime, it's pretty sickening that our elected officials would choose only to hear from one extremely biased side on the debate, and will now introduce legislation that bails out that one industry at the expense of the public. Clearly, these hearings were not to "hear" anything new -- but to put on a puppet show prior to already written (by the industry) legislation to be introduced.

Filed Under: canada, copyright, foreign countries, howard berman, legislation, piracy, three strikes