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	Comments on: What newspapers need, and why antitrust law may block it	</title>
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	<link>https://www.overlawyered.com/2008/06/what-newspapers-need-and-why-antitrust-law-may-block-it/</link>
	<description>Chronicling the high cost of our legal system</description>
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	<item>
		<title>
		By: Ted Frank		</title>
		<link>https://www.overlawyered.com/2008/06/what-newspapers-need-and-why-antitrust-law-may-block-it/comment-page-1/#comment-22179</link>

		<dc:creator><![CDATA[Ted Frank]]></dc:creator>
		<pubDate>Wed, 18 Jun 2008 02:31:57 +0000</pubDate>
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					<description><![CDATA[&lt;a href=&quot;http://voluntarytrade.org/blog/?p=473&quot; rel=&quot;nofollow&quot;&gt;Skip Oliva suggests that I may be wrong&lt;/a&gt; about whether my workaround would shield newspapers from antitrust problems.]]></description>
			<content:encoded><![CDATA[<p><a href="http://voluntarytrade.org/blog/?p=473" rel="nofollow">Skip Oliva suggests that I may be wrong</a> about whether my workaround would shield newspapers from antitrust problems.</p>
]]></content:encoded>
		
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		<item>
		<title>
		By: Ted Frank		</title>
		<link>https://www.overlawyered.com/2008/06/what-newspapers-need-and-why-antitrust-law-may-block-it/comment-page-1/#comment-22068</link>

		<dc:creator><![CDATA[Ted Frank]]></dc:creator>
		<pubDate>Tue, 17 Jun 2008 03:23:46 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7167#comment-22068</guid>

					<description><![CDATA[If Jonathan wants to start PressPass.net, and has a source of venture capital, he can hire me as general counsel and I can get him around the antitrust laws.  

The PressPass entity would merely need to individually negotiate exclusive content arrangements with individual newspapers.  To prevent the first-mover-takes-a-bath problem, there is a clause in the contract stating that the effective date does not take place until 30 days after X number of newspapers sign exclusive agreements.  

The real problem with the Rauch proposal is that this will fall flat on its face as a business model.  With the exception of some small papers, no one is going to want to do it: they&#039;ve invested too much money into their web sites to want to surrender control, and the eventual hold-outs think that they&#039;ll be able to take on PressPass by themselves and gain market share to boot, a not implausible position to take if they&#039;re the New York Times or Washington Post.  Witness the failure of the Times model, and the WSJ has realized that its opinion journalism is much more valuable in front of the subscription curtain.  So it would only work if newspapers were required to join PressPass through some sort of government coercion.  Which seems like a bad idea.]]></description>
			<content:encoded><![CDATA[<p>If Jonathan wants to start PressPass.net, and has a source of venture capital, he can hire me as general counsel and I can get him around the antitrust laws.  </p>
<p>The PressPass entity would merely need to individually negotiate exclusive content arrangements with individual newspapers.  To prevent the first-mover-takes-a-bath problem, there is a clause in the contract stating that the effective date does not take place until 30 days after X number of newspapers sign exclusive agreements.  </p>
<p>The real problem with the Rauch proposal is that this will fall flat on its face as a business model.  With the exception of some small papers, no one is going to want to do it: they&#8217;ve invested too much money into their web sites to want to surrender control, and the eventual hold-outs think that they&#8217;ll be able to take on PressPass by themselves and gain market share to boot, a not implausible position to take if they&#8217;re the New York Times or Washington Post.  Witness the failure of the Times model, and the WSJ has realized that its opinion journalism is much more valuable in front of the subscription curtain.  So it would only work if newspapers were required to join PressPass through some sort of government coercion.  Which seems like a bad idea.</p>
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