Telecom by yum9me (CC BY-NC-ND 2.0) https://flic.kr/p/53jSy4

Telecom by yum9me (CC BY-NC-ND 2.0) https://flic.kr/p/53jSy4

Telecom

Media Mergers the Last Stab at Failed Walled Garden Strategy

In the years before the emergence of the Internet, three online service providers battled in the United States for market supremacy.  America Online (later AOL), Prodigy, and Compuserve each adopted “walled garden” strategies that pinned their hopes on exclusive content to attract large subscriber bases.  

AOL ultimately won, becoming the largest online service provider in the world in the late 1990s. With tens of millions of subscribers, the company continued to bet on its walled garden approach, even as many people merely wanted their services to access the Internet.  Over the years, AOL saw its market share shrink dramatically, overtaken by an open Internet that offers infinitely more choice than any single company can.

While others attempted to erect their own walled gardens – Minitel in France, early Internet access on wireless devices that only pointed to company-approved sites and services – consumer demand for open Internet access consistently won out.

Despite the poor track record, my weekly technology law column (Toronto Star version, homepage version) notes that walled gardens seemingly still hold appeal to companies that believe the best way to distinguish their services is to offer exclusive access to content.  In recent months, Canada has experienced perhaps the last stab at a walled garden strategy with Shaw Communications’ purchase of Canwest Global Communications and BCE’s acquisition of CTV.  Throw in the broadcast assets owned by Rogers Communications and Videotron and control of the major Canadian private broadcasters is solidly in the hands of telecom and cable companies.

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September 23, 2010 4 comments Columns

Media Mergers the Latest Stab at ‘Walled Garden’ Strategy

Appeared in the Toronto Star on September 20, 2010 as Media Mergers the Latest Stab at ‘Walled Garden’ Strategy In the years before the emergence of the Internet, three online service providers battled in the United States for market supremacy.  America Online (later AOL), Prodigy, and Compuserve each adopted “walled […]

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September 22, 2010 Comments are Disabled Columns Archive

Bill C-32: My Perspective on the Key Issues

With the House of Commons back in session this week, there has been growing speculation that Bill C-32, the copyright reform bill, will emerge as a government priority.  Given the rhetoric we’ve seen over the past three months, it seems likely that proponents of the digital lock approach will seek to paint critics as anti-copyright, pirates, and radical extremists.  While the rhetoric may seek to delegitimize consumers and many Canadians vocal on the copyright issue, the reality is that many consumer and education groups have been far more supportive of the bill than proponents such as the music industry.

With the caveat that I can only speak for myself, the following post covers the most contentious aspects of Bill C-32 by aggregating some of my posts and comments.  When the bill was first introduced, my immediate response was that the government did a good job compromising on some very contentious issues (ISP liability, fair dealing, consumer provisions, statutory damages) but that the digital lock approach represented a huge flaw that undermined many of the positive steps forward.  This remains my view – if we can find a compromise on digital locks, I think this is a bill worth supporting.  The following five issues are likely to be the among most contentious in the upcoming hearings:

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September 21, 2010 46 comments News

Competition Concerns Drive CRTC Internet Provider Policy

Appeared in the Toronto Star on September 6, 2010 as Competition Concerns Drive CRTC Internet Provider Policy Recent data on Internet use in Canada suggests that most people reading this subscribe to broadband services and that virtually all those subscribers are with a major telecommunications or cable company.  Indeed, the […]

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September 6, 2010 Comments are Disabled Columns Archive

Telecom Complaints Commissioner Remains a Relative Unknown

Hockey may be Canada’s national pastime, but my weekly technology law column (Toronto Star version, homepage version) notes that complaining about the major telephone and cable companies sometimes seems like it ranks a close second.  Delayed Canadian launches of the latest phones, new caps on Internet bandwidth, increased monthly subscription fees, and the entry of additional marketplace competitors all regularly attract significant media attention as consumers focus on their monthly Internet and wireless bills far more intensely than most other products and services.

Notwithstanding the public interest, the Commissioner for Complaints for Telecommunications Services toils in relative anonymity.  Established in 2007, the CCTS came as part of a deregulation bargain initiated by then-Industry Minister Maxime Bernier, who deregulated many local telephone markets and established an industry-funded telecom complaints commissioner.

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August 13, 2010 11 comments Columns