COPYCENSE

The peer-to-peer case is not the only important social software case on Tuesday’s Supreme Court docket.

"When Brand X, a California ISP, gets its day in the Supreme Court on Tuesday, there will be a lot more at stake than whether the company can get access to cable lines. In fact, depending on the details of the court decision, the case could determine the way in which the Federal Communications Commission regulates phone and information companies.

"At the core of the case is Brand X. The ISP wants the FCC to require cable companies to sell access to their networks at wholesale in much the same way that EarthLink Inc and other ISPs are sold access over DSL networks.

"The FCC has ruled that cable is an information service, and as such is not regulated by FCC rules. Because of this concept, the FCC has preempted rules that would tax phone service using cable lines, and state laws that require 911 access for people who use VOIP over cable."

Wayne Rash. Supreme Court Will Rule on ISP Cable Access. eWeek. March 25, 2005.

See also:
Jim Hu. Broadband Scuffle Reaches Supreme Court. News.com. March 25, 2005.

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