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August 2021
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Everyone Being Dumb About IP: McDonald's No Longer Offering Dope Custom PS5 Controllers In Australia

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If you search for stories about McDonald's on Techdirt, you will come away with the impression that the company, like many large corporate entities, puts heavy emphasis on its intellectual property rights. Sony, the company responsible for the PlayStation consoles, exudes a similar reputation, despite some recent moves to loosen its IP grip as of late. So, just to be clear, everyone involved in this story tends to trend toward the more restrictive end of the IP spectrum.Which makes it super-duper stupid that McDonald's Australia had a plan to offer up customized PlayStation 5 controllers, but never bothered to formalize any part of this plan with Sony. And, if you're like me, that's a shame because the cosmetics on the controllers are pretty dang fun.

Shortly after the announcement, McDonald's Australia had to issue a follow up cancelling the whole thing. It turns out that nobody at the company bothered to get in touch with Sony before the announcement and, well, you know what happened next.
As of last week McDonalds Australia had been planning on giving away a bunch of custom PS5 controllers, each plastered with a burgers + fries motif in celebration of the company’s 50th birthday (in Australia). Weirdly, the international dining behemoth forgot to ask Sony about this first.You’d think that would be the first thing a company with an actual legal team would have thought to do if you were going to be mentioning “PlayStation 5" and using a controller image as part of your own marketing, but nope! McDonalds just got straight to it, announcing plans to give the controllers away as part of a competition, along with sending some out to local streamers as well.
So, Sony stepped in and put an end to the entire promotion. While that is absolutely Sony's right, it's also incredibly stupid. What, really, is the end result of this promotion? Sure, McDonald's is attempting to sell more of its fast food. But it also would have served as essentially free advertising for Sony's PS5, wouldn't it? The giveaway was part of McDonald's upcoming "Stream Week", an event that also had to be canceled. And the communication to the public by McDonald's puts the blame squarely on Sony for that.
Sony PlayStation has not authorised the use of its controller in promotional materials related to the proposed Stream Week event and we apologise for any inconvenience caused. McDonald’s stream week has been postponed and Sony PlayStation controllers will not be included in the giveaway.
Which is how Sony managed to turn an opportunity for the free promotion of its consoles in Australia into a PR negative, where the company is now blamed for the delay of McDonalds' Stream Week. It didn't have to be this way. Sony could have instead reached out to McDonald's and quickly worked something out, given that both sides in all of this would have benefited.But, no, instead the company is apparently reinvigorated with the IP maximalist attitude of control over everything. That this concerns the control over video game controllers is at least partial evidence that the universe is not without a sense of irony.

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posted at: 12:00am on 05-Aug-2021
path: /Policy | permalink | edit (requires password)

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FCC Blocks Elon Musk From Getting Millions In Subsidies For Delivering Broadband To Traffic Medians

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Late last year consumer group Free Press released a report showing how numerous broadband providers had been gaming the FCC's RDOF (Rural Digital Opportunity Fund) subsidy program to get money they didn't really deserve. The program doles out roughly $9.2 billion in subsidies paid for by money paid by consumers into the Universal Service Fund (USF). The study clearly showed that during the last RDOF auction a long list of ISPs gamed the system to gain millions in subsidies to deliver broadband to areas that didn't make any coherent sense.This ISP, for example, nabbed millions of dollars to deploy service to places that already had it -- like five feet outside of Apple's $5 billion new campus. Elon Musk's Starlink also managed to nab $886 million in subsidies to deploy broadband service to places like airport parking lots and traffic medians.The whole mess was just completely ignored by previous FCC Boss Ajit "what broadband competition problem" Pai. After months of withering criticism from numerous fronts, the FCC under interim boss Jessica Rosenworcel has stepped up and fired off letters to several of the worst offenders, giving them a second chance to apply for funding with proposals that actually serve the public interest:

"The Federal Communications Commission told SpaceX and other companies on Monday that the billions in rural broadband subsidies it doled out last year can't be used in already connected areas like parking lots and well-served urban areas, citing complaints. The commission, in an effort to clean up its subsidy auction program, offered the companies a chance to rescind their funding requests from areas that already have service."
Granted the problems with the RDOF subsidy process is just one small part of a much bigger problem. For years the government has doled out billions of dollars to telecom giants for fiber networks they then routinely half deploy. Inaccurate maps and availability data then mar the process further, obscuring not only the lack of access (up to 42 million Americans still can't access broadband) but the way a lack of overall competition harms consumers and raises rates (83 million Americans live under a broadband monopoly).Thanks to the immense political influence giant telecom providers have over Congress and regulators, efforts to improve the entire mess comes glacially, when they come at all. That's not to ignore the huge benefit subsidies can have on less affluent and disconnected areas of the country when applied correctly, but, for decades now, regional monopolies have dictated US telecom policy. And the result has generally what you'd expect: namely billions in pointless tax breaks and subsidies thrown at companies like AT&T in exchange for layoffs, pipe dreams, and perpetually half completed networks.

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posted at: 12:00am on 05-Aug-2021
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