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2024 Georgetown Negative
CPs › Ban the Plan CP › AT: Internet Unification Now

Internet fragmentation is coming now, and too powerful SDOs is the reason.

Perarnaud 24 – Postdoctoral Researcher at the Brussels School of Governance, PhD in Political Science from the University Pompeu Fabra.

Clément Perarnaud, “Finding the path to a more open internet. A new European approach toward internet standards,” Open Future, 02-12-2024, https://openfuture.pubpub.org/pub/internet-standards/release/3

The internet is often celebrated for its openness. Usually presented as one of the few critical properties having propelled the internet’s success over recent decades, the notion of openness remains at the heart of its founding mythology.

2024 Georgetown Negative
CPs › Ban the Plan CP › AT: Perm: Do Both

IP rights creates rent seeking.

Simcoe 05 – Professor of Strategic Management at the University of Toronto, PhD in Business Administration and M.A. in Economics from the University of California at Berkeley.

Tim Simcoe, “Chapter 8: Open Standards and Intellectual Property Rights,” Open Innovation: Researching a New Paradigm, 09-16-2005, https://people.bu.edu/tsimcoe/documents/published/OpenStandards_IPR.pdf

On the other hand, any administrative process granting potentially valuable property rights will almost certainly create some rent-seeking behavior. Over the last two decades, there has been a notable increase in the number of U.S. patent applications. The majority of these applications have been granted, which has led to an increase in the scope of patentable subject matter and arguably a decline in average patent quality. A number of authors have considered various explanations for this surge in patenting and explored a number of its effects (e.g. Jaffe and Lerner 2005, and works cited therein).

2024 Georgetown Negative
CPs › Ban the Plan CP › AT: Perm: Do Both

If given the option, SDOs, will privatize.

Simcoe 05 – Professor of Strategic Management at the University of Toronto, PhD in Business Administration and M.A. in Economics from the University of California at Berkeley.

Tim Simcoe, “Chapter 8: Open Standards and Intellectual Property Rights,” Open Innovation: Researching a New Paradigm, 09-16-2005, https://people.bu.edu/tsimcoe/documents/published/OpenStandards_IPR.pdf

While new standards can emerge from a market-based technology adoption process, this chapter focuses on the role of voluntary Standard Setting Organizations (SSOs). These organizations provide a forum where firms can collaborate in the design and promotion of new compatibility standards. Most SSOs promote the adoption of open standards— where the term “open” implies that technical specifications are widely, perhaps even freely, available to potential implementers.i However, open-ness can pose a dilemma for individual firms hoping to benefit from SSO participation. While open-ness increases the probability of coordination on a particular standard (and hence its total expected value), it can also increase the intensity of competition, making it harder to capture that value once the new specification new standard is introduced. As a result, SSO participants are often tempted to take actions that “close off” a standard when those actions also give them a competitive edge in the standards-based product market. To put it crudely, SSO participants usually want all of the technology needed to implement a standard to be open—except for their own.

2024 Georgetown Negative
CPs › Ban the Plan CP › AT: Perm: Do Both

The standards the plan affects are the key ones.

Bremer 19 – Professor of Law at the University of Notre Dame, J.D. from New York University.

Emily S. Bremer, “Technical Standards Meet Administrative Law: A Teaching Guide on Incorporation by Reference,” Notre Dame Law School Scholarship, https://scholarship.law.nd.edu/law_faculty_scholarship/1406/

A final point to note about funding is that, as a practical matter, few standards make money. SSOs typically have a small number of standards that are widely used and generate most of their revenue. These successful standards thus cover the SSOs' overall costs, including the costs to develop more minor standards that are needed but could not generate sufficient revenue to support themselves. 76 The most successful standards are also the ones that federal agencies most often need to incorporate by reference. These are the standards most likely to have acquired de facto authoritative status in an industry due to their usefulness, proven quality, and widespread acceptance. 77 Thus, although a small percentage of all standards are used in regulation, the standards incorporated are often the ones that generate the bulk of the revenue necessary to fund standards development more broadly. As a consequence, eliminating the SSOs' ability to rely on the revenue that these most prominent standards generate would likely have significant ripple effects throughout the entire standardization system. 78

2024 Georgetown Negative
CPs › Ban the Plan CP › 2NC/1NR---K2 Internet Openness

This is how software law has long worked.

Samuelson 07 – Richard M. Sherman Distinguished Professor of Law at the University of California, Berkeley, former Professor at Harvard University, J.D. from Yale University.

Pamela Samuelson, “Questioning Copyright in Standards,” University of California, Berkeley, https://people.ischool.berkeley.edu/~pam/papers/BC%20questioning%20standards.pdf

Alternative theories for deciding that industry standards, such as the AMA and ADA codes, as well as ISO country, language, and currency codes, may be ineligible for copyright protection come from the scenes a faire and merger doctrines and the policies that underlie them. The scenes a faire doctrine, originally developed to recognize that certain plot structures are to be expected from works exploring certain literary or dramatic themes, 117 has been adapted, especially in the software copyright caselaw, to recognize that expressive choices of subsequent authors may become constrained over time by the emergence of industry standards.118 The merger doctrine holds that if there is only one or a very small number of ways to express an idea, copyright protection will generally be unavailable to that way or those few ways in order to avoid protecting the idea.119 While most merger cases involve works that are uncopyrightable when first created,120 some cases have held that an initially copyrightable work may be disqualified for copyright protection over time, as the Fifth Circuit Court of Appeals did in holding that governmental adoption of a privately drafted model law as the law caused the idea of this law and its expression to merge. 121

2024 Georgetown Negative
CPs › Ban the Plan CP › 2NC/1NR---K2 Internet Openness

But the CP reverse causally solves.

Fältström 16 – MSc in Mathematics from Stockholm University.

Patrik Fältström, “Market-driven Challenges to Open Internet Standards,” Global Commission on Internet Governance, 05-xx-2016, https://www.cigionline.org/sites/default/files/gcig_no33web.pdf

The success of the Internet as a dynamic foundation for building an enormous variety of interactive services depends on interoperability, open standards and the ability to innovate freely and provide services without permission, all of which arise from its edge-oriented architecture. Historically, these attributes have required private actors to leave the comfort zone of traditional telecommunications and embrace a regulatory environment that encourages change and innovation. But market forces emerging with new technologies are challenging these foundations, with potentially dire consequences for the continued openness of the Internet.

2024 Georgetown Negative
CPs › Ban the Plan CP › 2NC/1NR---K2 Internet Openness

Making SDOs too powerful crushes the internet.

Perarnaud 24 – Postdoctoral Researcher at the Brussels School of Governance, PhD in Political Science from the University Pompeu Fabra.

Clément Perarnaud, “Finding the path to a more open internet. A new European approach toward internet standards,” Open Future, 02-12-2024, https://openfuture.pubpub.org/pub/internet-standards/release/3

a.     De-privatizing standard-setting

2024 Georgetown Negative
CPs › Ban the Plan CP › 2NC/1NR---K2 Internet Openness

IP creates competition instead of cooperation.

Simcoe 05 – Professor of Strategic Management at the University of Toronto, PhD in Business Administration and M.A. in Economics from the University of California at Berkeley.

Tim Simcoe, “Chapter 8: Open Standards and Intellectual Property Rights,” Open Innovation: Researching a New Paradigm, 09-16-2005, https://people.bu.edu/tsimcoe/documents/published/OpenStandards_IPR.pdf

Compatibility standards are used to govern the interaction of products and components in a technological system. In other words, they are the shared language that technologies use to communicate with one another. Standards are particularly important in the information and communications technology industries, where there are large numbers of interdependent suppliers and a very rapid pace of technological change. This chapter explores the inherent tension between cooperation and competition in the standards creation process, with a special emphasis on the role of intellectual property rights. These issues are closely linked to several key themes of Open Innovation, including the growing significance of IP-based business models, and the trend towards vertical dis-integration between technology development and commercialization.

2024 Georgetown Negative
CPs › Ban the Plan CP › 2NC/1NR---K2 Internet Openness

The less copyright, the more likely there are to be successful standards that promote internet harmonization.

Blind et al. 22 – Professor of Innovation Economics at the Technical University of Berlin, PhD from the University of Freiburg; Senior Director of the Linux Foundation Europe; Senior Director at the Linux Foundation Europe; Senior Fellow at the Max Planck Institute for Innovation and Competition, PhD in Economics from the University of Hamburg.

Knut Blind, Mirko Böhm, Nikolaus Thumm, “Open Source Software in Standard Setting: The Role of Intellectual Property Right Regimes,” Oxford Academic, 10-xx-2022, https://academic.oup.com/book/44727/chapter/378967350

The recursive integration of inputs from standardisation or Open Source can lead to a ‘virtuous circle’ of standards of higher quality and wider dissemination. In contrast the challenges for the FRAND-based SDOs and consortia will also create difficulties for parallel innovation developments. In the long term, higher quality standards due to Open Source inputs and their wider dissemination through Open Source adoption will further increase the pressure on formal SDOs and informal consortia under the FRAND regime.

2024 Georgetown Negative
CPs › Ban the Plan CP › 2NC/1NR---K2 Internet Openness

The internet is at a crossroads. Weakening the power of SDOs is key to a viable future for it.

Hill 12 – Member of the Council on Foreign Relations, MPP in International Affairs from Harvard University.

Jonah Force Hill, “A Balkanized Internet?: The Uncertain Future of Global Internet Standards,” Georgetown Journal of International Affairs, https://www.jstor.org/stable/43134338?seq=1

The Internet is at a crossroads. Today, it is generally open, interoperable and unified. Any Internet user can exchange email with more than two billion other global Internet users; entrepreneurs can launch services such as eBay and Amazon and quickly turn them into multibillion- dollar businesses; and people from all across the world can connect with others, share ideas, and improve democratic governance through social networking sites such as Facebook and Twitter.

2024 Georgetown Negative
CPs › Ban the Plan CP › 1NC---Ban the Plan CP

The CP also solves the case better. Lack of copyright incentivizes SDOs to improve, which accesses both advantages.

Simcoe 05 – Professor of Strategic Management at the University of Toronto, PhD in Business Administration and M.A. in Economics from the University of California at Berkeley.

Tim Simcoe, “Chapter 8: Open Standards and Intellectual Property Rights,” Open Innovation: Researching a New Paradigm, 09-16-2005, https://people.bu.edu/tsimcoe/documents/published/OpenStandards_IPR.pdf

As the U.S. innovation system continues to evolve towards the Open Innovation model, it is important for firms in industries where standards are important to recognize the potential costs associated with their IPR strategies. In particular, aggressive IPR strategies can reduce the expected value of a standard and slow down the standards creation process. While these aggressive strategies may be perfectly legitimate from a legal perspective and strengthen (at least in theory) the incentives for small-firms to commercialize their innovations, it is important to recognize that these strategies increase the severity of the trade-off between value creation and value capture.

2024 Georgetown Negative
CPs › Ban the Plan CP › 1NC---Ban the Plan CP

Internet fragmentation causes extinction

Merrill and Komaitis 21 – *Director of the Daylight Lab at the UC Berkeley Center for Long-Term Cybersecurity; **Senior Director for Policy Strategy and Development at the Internet Society.

*Nick Merrill and **Konstantinos Komaitis, “The consequences of a fragmenting, less global internet,” The Brookings Institution, 17 December 2020, https://www.brookings.edu/techstream/the-consequences-of-a-fragmenting-less-global-internet/.

But the global internet is now under existential threat from fragmentation. And the problem with fragmentation is that it puts global cooperation at risk, as differences in the internet across borders are predictive of international trade and military relations, according to research conducted as part of the University of California, Berkeley Daylight Security Research Lab.

2024 Georgetown Negative
CPs › Ban the Plan CP › 1NC---Ban the Plan CP

That’s mutually exclusive with the plan. It means that SDOs can’t receive copyright protection in all instances, including when used by the government. That’s key to prevent internet fragmentation.

Samuelson 07 – Richard M. Sherman Distinguished Professor of Law at the University of California, Berkeley, former Professor at Harvard University, J.D. from Yale University.

Pamela Samuelson, “Questioning Copyright in Standards,” University of California, Berkeley, https://people.ischool.berkeley.edu/~pam/papers/BC%20questioning%20standards.pdf

Standards are essential to the operation of the Internet, the World Wide Web, and indeed, the modern information society, an integral part of the largely invisible infrastructure of the modern world that makes things work.1 Every time people send email, for example, more than two hundred formally adopted Internet standards are implicated.2 With the rise of the information economy, copyright has become a new prominent factor in the longstanding debate over intellectual property rights in standards,3 as standard-setting organizations (SSOs) increasingly claim and charge substantial fees for access to and rights to use standards such as the International Organization for Standardization (ISO) country, currency, and language codes and medical and dental procedure codes promulgated by the American Medical Association (AMA) and the American Dental Association (AMA).4

2024 Georgetown Negative
Case Answers › Congress Solvency Answers › 2NC/1NR---Pro Codes Act Fails

The PCA does nothing.

McSherry 23 – Legal Director at the Electronic Frontier Foundation, J.D. from Stanford University.

Corynne McSherry, “Access to Law Should Be Fully Open: Tell Congress Not to Be Fooled by the Pro Codes Act,” Electronic Frontier Foundation, 10-25-2023, https://www.eff.org/es/deeplinks/2023/10/access-law-should-be-fully-open-tell-congress-not-be-fooled-pro-codes-act

Finally, there is no need for this bill. It simply mandates that SDOs do badly what Public Resource is already doing, better, for free.

2024 Georgetown Negative
Case Answers › Congress Solvency Answers › 1NC---Pro Codes Act Fails

The Pro Codes Act fails.

Hickey 23 – Legislative Attorney at the Congressional Research Service, former Fellow at the University of California, Berkeley, J.D. from New York University School of Law.

Kevin J. Hickey, “Copyright in Standards Incorporated by Reference into Law and the Pro Codes Act,” Congressional Research Service, 09-26-2023, https://sgp.fas.org/crs/misc/R47656.pdf

The Pro Codes Act speaks only to the existence of copyright in IBR standards, and would not explicitly address the fair use issue or constitutional defenses asserted by public-access groups in litigation. 142 Thus, even if the Pro Codes Act were enacted, groups like PRO may still assert fair use arguments like those accepted by the court in ASTM v. PRO II, although the enactment might be interpreted by courts to inform the fair use analysis. Even if a fair use defense failed, public access groups may still rely on First Amendment and Due Process Clause arguments, which a statute cannot supersede. It is not clear, then, that enactment of the Pro Codes Act would resolve all the issues litigated in the cases discussed above.

2024 Georgetown Negative
Case Answers › Leadership Advantage Answers › 2NC/1NR---Open Internet Add-On Answers

Nationalism and physical components make some authoritarian internet structurally inevitable – but that won’t actually collapse U.S. open internet cooperation with likeminded nations

Bey 19 – Matthew Bey Stratfor Senior Global Analyst at RANE, Stratfor.

Matthew Bey, April 25 2019, “The Age of Splinternet: The Inevitable Fracturing of the Internet,” Stratfor, https://worldview.stratfor.com/article/age-splinternet-inevitable-fracturing-internet-data-privacy-tech

Nationalism and concerns about digital colonization and privacy are driving the "splinternet." Those forces will not reverse, but only accelerate.

2024 Georgetown Negative
Case Answers › Leadership Advantage Answers › 2NC/1NR---Open Internet Add-On Answers

The internet was never truly open but even if it collapses there’s no impact – at worst countries can regulate their own internets which they already do

Ovide 20 – Shira Ovide writes the On Tech newsletter, a guide to how technology is reshaping our lives and world.

Shira Ovide, August 10 2020, “The Global Internet Is a Mirage,” The New York Times, https://www.nytimes.com/2020/08/10/technology/global-internet.html

The U.S. government’s proposed ban on Chinese apps like  plays into technologists’ fears that the internet utopia is crumbling.

2024 Georgetown Negative
Case Answers › Leadership Advantage Answers › 2NC/1NR---No LIO Impact

LIO is not a thing, but if anything net-worse for all their impacts, especially global stability

Staniland 18

PhD from MIT (Paul Staniland is Associate Professor of Political Science and Chair of the Committee on International Relations at the University of Chicago, “Misreading the “Liberal Order”: Why We Need New Thinking in American Foreign Policy,” July 29,

Pushing back against Trump’s foreign policy is an important goal. But moving forward requires a more serious analysis than claiming that the “liberal international order” was the centerpiece of past U.S. foreign-policy successes, and thus should be again. Both claims are flawed. We need to understand the limits of the liberal international order, where it previously failed to deliver benefits, and why it offers little guidance for many contemporary questions. First, advocates of the order tend to skim past the policies pursued under the liberal order that have not worked. These mistakes need to be directly confronted to do better in the future. Proponents of the order, however, often present a narrow and highly selective reading of history that ignores much of the coercion, violence, and instability that accompanied post-war history. Problematic outcomes are treated as either aberrant exceptions or as not truly characterizing the order. One recent defense of the liberal order by prominent liberal institutionalists Daniel Deudney and G. John Ikenberry, for instance, does not mention Iraq, Afghanistan, Vietnam, or Libya. Professors Stephen Chaudoin, Helen Milner, and Dustin Tingley herald the order’s “support for freedom, democracy, human rights, a free press.” Kori Schake writes that Western democracies’ wars are “about enlarging the perimeter of security and prosperity, expanding and consolidating the liberal order.” Historian Hal Brands argues that the order has advocated “political liberalism in the form of representative government and human rights; and other liberal concepts, such as nonaggression, self-determination, and the peaceful settlement of disputes.” Other analysts have persuasively argued that these accounts create an “imagined” picture of post-World War II history. Patrick Porter outlines in detail how coercive, violent, and hypocritical U.S. foreign policy has often been. To the extent an international liberal order ever actually existed beyond a small cluster of countries, writes Nick Danforth, it was recent and short-lived. Thomas Meaney and Stephen Wertheim further argue that “critics exaggerate Mr. Trump’s abnormality,” situating him within a long history of the pursuit of American self-interest. Graham Allison—no bomb-throwing radical—has recently written that the order was a “myth” and that credit for the lack of great power war should instead go to nuclear deterrence. Coercion and disregard for both allies and political liberalism have been entirely compatible with the “liberal” order. The last two decades have been a bumpy ride for U.S. foreign policy. Since 9/11, we have seen the disintegration of Syria, Yemen, and Libya, a war without end in Afghanistan, the collapse of the Arab Spring, the rise and resurgence of the Islamic State, and the distinctly mixed success of strategies aimed at managing China’s rise. At home, the growth of a national-security state has placed remarkable power in the hands of Donald Trump. Simply returning to the old order is no guarantee of good results. Grappling openly with failure and self-inflicted wounds—while also acknowledging clear benefits of the order—is essential for moving beyond self-congratulatory platitudes. Second, the liberal order in its idealized form had very limited reach into what are now pivotal areas of U.S. security policy: Asia, the Middle East, and the “developing world” more broadly. The core of the liberal order remains transatlantic, but Asia is now growing dramatically in wealth and military power. What is the record of the order in the region? There was certainly some democracy promotion when authoritarian regimes began to totter, but there was also deep, sustained cooperation with dictators like Suharto and Ferdinand Marcos; while there are some regional institutions (such as ASEAN), they are comparatively weak; while there are some rules, they have been deeply contested. Close U.S. allies like Japan, Taiwan, and South Korea (the latter two experiencing long bouts of U.S.-allied autocracy) were not integrated into a broad alliance pact like NATO. India and Pakistan were never part of the core order, and China was only very partially integrated (primarily into the economic pillar of the order, and through ad hoc security cooperation from the 1970s). Southeast Asia has been a site of warfare and authoritarianism for much of its post-1945 history. The United States has long considered the Middle East vital to its security, but the extent to which the United States should invest its own blood and treasure in protecting the area was always up for debate. It was only in the 1970s that the United States decided it was prepared to use force to defend the region; “dual containment” in the 1990s was always controversial, while the invasion of Iraq and its chaotic aftermath revealed deep fissures over how much presence was enough. Meanwhile, liberalism, democracy, human rights, and international institutions have not made much of a mark in the region. Jake Sullivan, in a rather odd defense of the order, suggests that “Middle Eastern instability has been a feature, not a bug, of the system.” This is not reassuring about the order’s ability to structure politics in the area. The same can be said about the order’s history in Africa, with deep Western involvement in civil wars, support for authoritarian regimes, and often-counterproductive demands for economic liberalization contributing to ongoing instability. The legacy of the “liberal order” is both far more complex and shallower outside of the north Atlantic core than within it. Invocations of the order are seen with greater cynicism and suspicion in these areas than in Washington or Berlin. Yet they are precisely the regions that are increasingly the focus of U.S. security policy. Finally, and as the preceding already suggests, the idea of “liberal order” is itself frequently too vague a concept, and was too incomplete a phenomenon, to offer guidance on a number of key contemporary questions. Allison goes so far as to call it “conceptual Jell-o.” The extremely abstract principles that experts use to define the order are confronted with a reality of extreme historical variation. This amorphousness undermines its usefulness as an actual guide to future foreign policy. U.S. alliances in Western Europe since World War II looked dramatically different than those in East Asia. Both have achieved their basic goals, so which should be the model for the future? The United States often applied pressure to coerce its allies into adopting economic and security policies conducive to U.S. interests—going so far as to threaten abandonment of close European allies—even as it simultaneously built key elements of the liberal order. The core of the liberal order was a more tenuous and contested political space than we often remember. This inconsistency applies to involvement in the domestic politics of other states. The United States has regularly embraced authoritarian leaders (and distanced itself from democratic regimes), while at other times it has helped to push these leaders out in the face of domestic mobilization. Advocates of the order tend to stress the latter and dismiss the former as aberrant, but both strategies contributed to the ultimate victory of the liberal order over the Soviet bloc. The order’s history offers support for aggressively promoting democracy, accepting democratization when it emerges, and strongly supporting friendly dictators. This makes it unhelpful for grappling with the question of whether and how to promote democracy. The same is true of military interventions and covert operations abroad. U.S. leaders invested heavily in Cold War proxy wars and the overthrow of foreign regimes, while at other times and places they avoided such interventions. This history carries important implications for addressing today’s policy challenges. Simply appealing to the order does not, for instance, tell us much about how to deal with a rising China: Since the liberal order included highly institutionalized alliances, loose “hub-and-spoke” arrangements, and coalitions of the willing, and was characterized by both preventive wars and containment, it is extremely unclear what the order suggests for America’s China strategy. While “rules-based” order is a term in vogue, it doesn’t tell us what the rules should actually be, or how they should be decided. Nor does appealing to the liberal order help us understand whether the United States needs to be deeply involved or largely absent from the Middle East, or somewhere in between. Under the order, democracy promotion and assertive liberal intervention sometimes occurred, but so too did restraint and an acceptance of autocracy. There are no answers in the liberal international order for navigating the enormously difficult terrain of the contemporary Middle East.

2024 Georgetown Negative
Case Answers › Leadership Advantage Answers › 2NC/1NR---No LIO Impact

Empirically denied – e.g. Soviet Union, China, Iraq, North Korea, trade decline and ON and ON

Glaser 19 – professor in the Elliott School of International Affairs and the Department of Political Science at George Washington University

Charles Glaser, “A Flawed Framework: Why the Liberal International Order Concept Is Misguided,” International Security, Vol 43, Spring 2019, https://doi.org/10.1162/ISEC_a_00343

Proponents of the LIO have made ambitious claims about its positive impact on U.S. security, maintaining that it was responsible for the Cold War peace, U.S. success in winning the Cold War, the specialization of capabilities within U.S. alliances,40 and the lack of balancing against predominant U.S. power following the Cold War. In addition, they ascribe the peace and cooperation that characterized the first two decades of the post–Cold War era largely to the LIO.

2024 Georgetown Negative
Case Answers › Leadership Advantage Answers › 2NC/1NR---No LIO Impact

No impact to its collapse, countless other factors and incentives both explain and solve better

Glaser 19 – professor in the Elliott School of International Affairs and the Department of Political Science at George Washington University

Charles Glaser, “A Flawed Framework: Why the Liberal International Order Concept Is Misguided,” International Security, Vol 43, Spring 2019, https://doi.org/10.1162/ISEC_a_00343

In this article, I show that the LIO concept suffers from theoretical weaknesses that render it unable to explain much about the interaction of the United States with its adversaries or its allies. Worse yet, framing U.S. policy in terms of the LIO is potentially dangerous; by exaggerating the threat posed by small changes to the political status quo and implicitly rejecting adaptation to the new balance of power in East Asia, the LIO lens could encourage the United States to adopt overly competitive policies.