@danacimilluca: Sullivan & Cromwell Hires Former Justice Department Antitrust Head Renata Hesse [aka Songwriter Enemy #1] as Partner in D.C.

Remember the ex-Googler Renata Hesse who managed to get both herself and the Department of Justice sued by SONA over Hesse’s grotesque mishandling of 100% licensing?  Like a good little bureaucrat, she leaves the songwriters to clean up her mess while she skips out to the big money.  Don’t let the revolving door hit you.

And good job avoiding a confirmation hearing…that won’t happen again.

Sullivan & Cromwell LLP is hiring Renata Hesse, formerly head of the antitrust division at the Justice Department, as the law firm prepares for a continued wave of complex, cross-border mergers and other deals.

Ms. Hesse, 52 years old, will join Sullivan & Cromwell as a partner in Washington, D.C., the firm plans to announce Monday. The move is noteworthy not just because of Ms. Hesse’s stature in legal circles, but also because it is rare for Sullivan & Cromwell and other elite law firms to bring in partners from the outside. Until January, Ms. Hesse was acting assistant attorney general in charge of the antitrust division at the Justice Department, a position she has held twice.

Read the post on the Wall Street Journal

@davidclowery: Don’t You Have More Important Things to Do? DOJ Should Drop the 100% Licensing Push

Now that most of the DOJ lawyers who pushed the 100% licensing rule on songwriters are gone, who’s gonna deal with all those feral cats that former Acting Assistant Attorney General Renata Hesse was feeding? Last year, in what can only be described as an elaborate Kabuki, a small group of DOJ lawyers led by […]

via Don’t You Have More Important Things to Do? DOJ Should Drop the 100% Licensing Push — The Trichordist

@bmi: BMI Files Action in Federal Rate Court Against the Radio Music License Committee

[Editor Charlie sez: Here’s a press release from BMI about BMI’s rate court case against the Google-backed anti-artist behemoth MIC Coalition’s member Radio Music License Committee, the broadcaster licensing collective.  The RMLC collective is also suing Global Music Rights to stop songwriters from forming a licensing collective.]

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Today, BMI filed an action in Federal Rate Court to set interim fees for radio stations represented by the Radio Music License Committee (the “RMLC”) while BMI and the RMLC negotiate the terms of a new five-year deal beginning in 2017.

The RMLC has proposed an interim rate well below BMI’s previous deal, the effect of which would have a significant impact on the royalties BMI pays to its songwriters, composers and music publishers. The RMLC has justified its proposed rate based upon incomplete and incorrect information regarding BMI’s radio performances. BMI disagrees fundamentally with the RMLC’s proposal and, consistent with past practices, is asking the Court to maintain its most recent rate while new terms are negotiated.

Mike Steinberg, Senior Vice President of Licensing for BMI, stated, “We attempted to negotiate in good faith with the RMLC for many months, and just before the end of the year, the RMLC presented an interim rate that significantly undervalues the work of BMI’s songwriters. Given the unmatched caliber of BMI’s repertoire, our superior market share on radio, and the ever-increasing value that BMI music brings to the radio industry across all its platforms, we believe the RMLC’s proposal falls well short of what is in the best interests of our affiliates.”

Funny How that Works: @edchristman reports: Irving Azoff, Top Radio Groups Reach Temporary Licensing Agreement — MUSIC • TECHNOLOGY • POLICY

When two rational actors are economically interdependent on one another, disputes tend to get solved at a market clearing price. So it is with Global Music Rights and the goliath Radio Music License Committee that itself is a member of the even bigger goliath MIC Coalition. (My bet is that the Google-backed MIC Coalition is behind […]

via Funny How that Works: @edchristman reports: Irving Azoff, Top Radio Groups Reach Temporary Licensing Agreement — MUSIC • TECHNOLOGY • POLICY

@edchristman: @IrvingAzoff’s Global Music Rights Files Suit Against Radio Industry Body Over Monopolistic Practices

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The radio industry is about to learn what many others already have — when you push Irving Azoff, he pushes back. Usually harder.

After nearly two years of negotiations over licensing rates for radio song plays, the Radio Licensing Music Committee (RMLC) recently “ambushed” Global Music Rights (GMR) — the nascent U.S. performance rights organization launched in late 2013 by Azoff, in conjunction with MSG Entertainment and with former ASCAP executive Randy Grimmett at the helm — with an antitrust lawsuit filed in the U.S. Eastern District Court of Pennsylvania on Nov. 18.

That was followed by the filing, on Dec. 6, Daniel Petrocelli and his firm O’Melveny & Myers of an antitrust suit on behalf of GMR against the RLMC in the U.S. Central District Court of California. Petrocelli stresses that the suit is not retaliatory, but was filed to fight the RLMC’s “collusive tactics to depress [the] prices” that radio stations pay songwriters.

Azoff, the legendary artist manager who began GMR because he felt songwriters were getting shortchanged in performance licensing, tells Billboard that he takes “artist rights very seriously. I grew up around guys named Lew Wasserman[former head of MCA, now known as Universal Music Group] and Steve Ross [who created Warner Music Group], who taught me to respect talent. We feel that they [the RMLC] violated respect for talent. We didn’t start this fight, but we aren’t going away.”

Read the post on Billboard

@scleland: How Google Is Anti-employment Anti-property & Pro-regulation

Google’s unprecedented Obama Administration influence and its self-serving anti-employment, anti-property, and pro-regulatory policy agenda, are on a collision course with the job-creating, pro-property, deregulatory Trump Administration growth agenda.

Keep watch to see who adapts to whom and how.

I.  Google’s Unprecedented Lobbying Influence

Current Alphabet-Google Chairman Eric Schmidt enjoys the privilege of being the onlycorporate leader of a publicly-traded company on the President’s nineteen member Council of Advisors on Science and Technology.

Coincidentally, former senior Google executive from 2003-2014, Megan Smith, is the U.S. Chief Technology Officer, responsible for all tech policymaking in the Executive Branch.

Coincidentally, Former Google Deputy General Counsel for intellectual property from 2003-2009, Alexander Macgillvray, is the Deputy U.S. Chief Technology Officer for intellectual property & privacy policy.

Coincidentally, former Google Senior Engineer from 2006-2013, Mikey Dickerson, is Deputy U.S. Chief Information Officer and Administrator of the U.S. Digital Service, a new organization and position.

Renata Hesse, Google’s former outside antitrust defense counselis coincidentally now Acting U.S. Assistant Attorney General for Antitrust, who coincidentally is the lead liaison with EU antitrust authorities concerning the EU’s three pending monopolization cases against Google.

Former Google Deputy General Counsel and head of patents and patent strategy from 2003-2012, Michelle Lee, is coincidentally now Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent & Trademark Office, who coincidentally joined the USPTO just when Google faced several new serious patent lawsuits.

And coincidentally yet again, the U.S. Register of Copyright, Maria Pallante, just got fired coincidentally after she disagreed with Renata Hesse and Google’s position on a music copyright consent decree and with the FCC-Google position that FCC authority should supersede copyright in the FCC’s Set-Top Box rulemaking.

Coincidentally, Google employees visited the Obama White House 427 times per White House Logs including 128 visits coincidentally by Google’s lobbyist Joanna Shelton alone, many more times than any other special interest.

And a final coincidence, Google also has generated the most “revolving door” moves of any company with this Administration with 251 Google employees either entering the government or government employees joining Google, according to the Google Transparency Project.

Read the post on the Precursor Blog

@ddayen: Google Gets a Seat on the Trump Transition Team

GOOGLE IS AMONG the many major corporations whose surrogates are getting key roles on Donald Trump’s transition team.

Joshua Wright has been put in charge of transition efforts at the influential Federal Trade Commission after pulling off the rare revolving-door quadruple-play, moving from Google-supported academic work to government – as an FTC commissioner – back to the Google gravy train and now back to the government.

The Intercept has documented how Wright, as a law professor at George Mason University, received Google funding for atleastfour academic papers, all of which supported Google’s position that it did not violate antitrust laws when it favored its own sites in search engine requests and restricted advertisers from running ads on competitors. George Mason received $762,000 in funding from Google from 2011 to 2013.

Wright then became an FTC commissioner in January 2013, agreeing to recuse himself from Google cases for two years, because of his Google-funded research. He lasted at the FTC until August 2015, returning to George Mason’s law school (now named after Antonin Scalia). But Wright also became an “of counsel” at Wilson Sonsini Goodrich & Rosati, Google’s main outside law firm. Wilson Sonsini has represented Google before the FTC.

Wright’s leadership position in the Trump FTC transition flips him back into government work.

Read the post on The Intercept