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If you’d asked me last week what I thought I’d be doing this week, the answer would not have included “writing and talking about the future of the major sporting codes as televisions events”. But I wrote this thing in the newspaper…

Last week federal court judge Justice Steven Rares ruled that Optus’ TV Now service, which allows customers to record free-to-air TV and have it streamed back to their smartphone, tablet or computer at a more convenient time, was a legal form of time-shifting under section 111 of the Copyright Act 1968.

Even if competing telco Telstra had a supposedly-exclusive deal with the Australian Football League (AFL) to stream live video coverage of matches to smartphones. Even if the delay between an Optus customer starting to record a game and playing it back was just two minutes.

Telstra is paying the AFL $153 million over five years for this now-not-so-exclusive streaming right. Optus pays the AFL nothing, because they’re just providing a technical service through which individual customers make their own “solely for private and domestic use” recordings.

Josh Taylor covered it for ZDNet Australia.

The Sydney Morning Herald commissioned me to write an opinion piece that was published this morning, Sport has to think outside the box. Do please read it. It seem to have struck a chord, because I’ve received a lot of compliments.

Then the ABC’s Linda Mottram asked me to chat about the issues on 702 Sydney. And here’s the audio, along with her subsequent chat with a talkback caller on the same topic.

Play

The audio is of course ©2012 Australian Broadcasting Corporation. But these program items usually aren’t archived on their website so here it is. And I will of course suggest that you listen to Linda Mottram’s morning program regularly.

I’m thinking of writing up some of my thoughts on how future sporting coverage could be done technically. Meanwhile, do you feel as I do that the days of cashed-up major sporting codes are about to end?

[Update 8 February 2012, 1015: The Sydney Morning Herald has published a follow-up piece this morning by rugby legend Roy Masters. Court has gambled with codes' futures. Your challenge, should you choose to accept it, is to draw me a diagram of what the fuck he's talking about.]

My usual weekly summary of what I’ve been doing elsewhere on the internets. This post covers the week from Monday 23 to Sunday 29 January 2012.

This week included the last of my output from Linux.conf.au. I’ve just gathered all of my Linux.conf.au coverage plus selected other people’s in one place for your convenience.

Add this week’s media output to last week’s and you can see why I’ve been kind of exhausted. Thank the gods, we’re having a pseudo-long weekend.

Podcasts

  • Patch Monday episode 122, “War on the internet: it’s all about power”. The podcast covers the previous weekend’s War on the Internet forum Electronic Frontiers Australia and The Greens, and featured Suelette Dreyfus, co-author with Assange of Underground; Greens’ Senator Scott Ludlam; Crikey’s Canberra correspondent Bernard Keane; and headline speaker Jacob Appelbaum, internet security researcher, software hacker and activist.

Articles

Media Appearances

Corporate Largesse

  • D-Link gave me a DCS-930L Wireless N Network Camera, which they sometimes describe as a “cloud camera”, the arsehats. I’ll be writing about that separately.
  • On Wednesday Chris Wood, regional director for Australia and New Zealand at security vendor Sourcefire, bought me a coffee.

Elsewhere

Most of my day-to-day observations are on my high-volume Twitter stream, and random photos and other observations turn up on my Posterous stream. The photos also appear on Flickr, where I eventually add geolocation data and tags.

[Photo: Three sprigs at Threefold. Three sprigs of mint in three brown bottles grace the windowsill in the toilet at Melbourne's Threefold Foodstore and Eatery. I think that's just a wanked-up word for "cafe". I had the spatchcock, thank you very much.]

This is being posted a bit late. It’s a conversation about the US Stop Online Piracy Act (SOPA) and the Wikipedia blackout originally broadcast on 18 January. So it’s been overtaken by more recent events.
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The presenters, as usual, are Keith Conlon and John Kenneally at 1395 FIVEaa, two chaps I used to work with back at ABC 891 Adelaide some… um, some years ago.

Play

The audio is ©2012 dmgRadio Australia, but here it is ‘cos it hasn’t been posted on the radio station’s website. Besides, this is a reasonable plug.

A weekly summary of what I’ve been doing elsewhere on the internets. Given that this is being posted so late, suffice it to say that I went to Canberra again and I was too tired for much of anything by the end of the week.

Podcasts

Articles

Only two articles this week — well, that were published. There’s more to come, articles that were written but not published. Both of these, though, are from the Trend Micro Canberra Cloud Security Conference.

Media Appearances

Corporate Largesse

  • On Wednesday, breakfast was provided at the Trend Micro Canberra Cloud Security Conference. That was the historic Hyatt Hotel Canberra, though not their full and rather wonderful buffet.
  • Also on Wednesday, I had lunch at The Chairman and Yip, Canberra, courtesy of Datacom.

Elsewhere

Most of my day-to-day observations are on my high-volume Twitter stream, and random photos and other observations turn up on my Posterous stream. The photos also appear on Flickr, where I eventually add geolocation data and tags.

[Photo: As I walked from Bunjaree Cottages to Wentworth Falls today, most of Railway Parade was lined with yellow flowers. The bees seemed quite interested. I'm also very impressed with the detail on the bee, given this was shot on a sub-$300 camera.]

I am so many different kinds of expert these days. On Friday I was on SBS TV’s World News talking about the UK’s High Court decision to order the country’s largest internet service provider BT to block access to a website that provides links to pirated movies.

The video of the news story is embedded in the website article.

SBS has also posted the complete 7-minute video of the interview they recorded.

Yes, I’m wearing a hoodie on national television. At least it was a clean hoodie. I’d taken a cab to SBS straight from the airport. It’s actually a small miracle I had any clean clothes with me at all. Besides, the cameraman chose the hoodie over my black shirt because he wanted to “break things up a bit”. The TV news has too many men in suits and business shirts for his liking, it seems.

A weekly summary of what I’ve been doing elsewhere on the internets. Another week of doing most of my work from my temporary home in the Blue Mountains.

Podcasts

  • Patch Monday episode 80, “‘Arrogant’ Apple battles over copyright”. Australian TV production company Jigsaw Entertainment is suing Apple for selling an iPhone app containing their copyright material. Apple declined the opportunity to comment, but Jigsaw were happy to speak. Indeed, on Tuesday Apple complained in court about some of the comments from Jigsaw CEO Nick Murray. The federal magistrate thought that on the face of it they seemed “unhelpful” and were “close to the wind” in terms of possibly being in contempt of court. I was amused to hear Patch Monday described as “a quasi-radio program”. Maybe the Federal Magistrates Court isn’t up to the word “podcast” yet.

Articles

Geekery

  • I didn’t do this personally, but via my little business the Fender Australia website was made to look like the US, the Fender Musical Instrument Corporation. Well, the home page was. Our next project is to turn that 950-page manually-maintained site into something built with WordPress.

Corporate Largesse

None. Again. I’ll have to fix that. In fact there’s a big corporate party next Friday, but I’m wondering whether I can be bothered coming down to Sydney for it.

Elsewhere

Most of my day-to-day observations are on my high-volume Twitter stream, and random photos and other observations turn up on my Posterous stream. The photos also appear on Flickr, where I eventually add geolocation data and tags.

[Photo: Railway Parade, Wentworth Falls, in the fog, taken on 16 March 2011. This is the regular path I take when walking from Wentworth Falls station back to the Bunjaree Cottages.]

A weekly summary of what I’ve been doing elsewhere on the internets and in the media and so on and so forth.

Articles

Podcasts

  • Patch Monday episode 65, “Hello cloud, meet cookies. Goodbye privacy”. My interview with Kevin Shaw from iappANZ.
  • A Series of Tubes episode 119. Ruckus Wireless engineer Steve Chung talks 802.11n streaming and I talk about the OECD’s comments on the National Broadband Network, privacy and crowdsourcing.

Media Appearances

Corporate Largesse

They have lovely biscuits at the Department of Foreign Affairs and Trade.

Elsewhere

Most of my day-to-day observations are on my high-volume Twitter stream, and random photos and other observations turn up on my Posterous stream. The photos also appear on Flickr, where I eventually add geolocation data and tags.

[Photo: A close-up of my eyes, taken by Trinn ('Pong) Suwannapha, cropped out of the photo he took for my US visa application.]

A weekly summary of what I’ve been doing elsewhere on the internets, for those who haven’t been paying attention properly.

It’s a bit thin this week. After doing 30+ hours and a couple of all-nighters last weekend for that server migration I mentioned last time, I’ve been taking it slowly during this week. And I’m getting this post done on Friday night because I’m heading to Newcastle first thing tomorrow.

Articles

Podcasts

  • Patch Monday episode 59, “Opening up the cloud”. My guest is open-source software developer and advocate Jeff Waugh. In a wide-ranging conversation they cover Linode and OpenStack; as well as DevOps, a new software development paradigm that involves operational staff in the entire development process; a DevOps tool called Cucumber, and its plug-in cucumber-nagios, written by Australian developer Lindsay Holmwood; and the social source code management system Github. And Richard Chirgwin debunks the myth that optical fibre only lasts 15 or 20 years.

Geekery

I’ll tell you more about what I’ve been doing next week.

Elsewhere

Most of my day-to-day observations are on my high-volume Twitter stream, and random photos and other observations turn up on my Posterous stream. The photos also appear on Flickr, where I eventually add geolocation data and tags.

[Photo: Making TV at Aria: Lisa Creffield of Sky News Business interviews Peter Baxter from AVG at Aria Restaurant, Circular Quay, Sydney, following a lunchtime media briefing.]

Streaming video service Livestream emailed their customers today about their zero tolerance on piracy policy. It’s yet another instance of Big Media being able to implement guilt by accusation.

I’ve just asked Livestream a few question:

Some questions about your “zero tolerance on piracy” policy. This is a media enquiry so please consider your response “on record”.

My questions concern due process.

I notice that you give “trusted rights holders” a tool to automatically shut down channels at their own instigation. I also notice that your example trusted rights holders are “Fox, Disney, NBA, MLB, NFL, UEFA, International Olympic Committee, WWE, UFC, Warner Bros, English Premiere League and British Sky Broadcasting”, i.e. the big end of the commercial media industry.

Most importantly, I notice that anyone who believes that the shutdown was in error must appeal the case afterwards.

Surely this process is “guilt by allegation” and puts the burden of proof onto a channel holder who is likely to have fewer legal resources than a big media player? Yet in most copyright regimes a channel holder may have legitimate “fair dealing” rights to rebroadcast material, such as for academic purposes, news reporting, review, or even satire.

When developing your policy, what input did you seek from people outside Big Media?

What processes do you have in place to perform follow-up “spot checks” of channel shutdowns? Do you actively contact channel holders for their side of the story? Do you inform channel holders of their legitimate “fair dealing” rights?

How long on average does it take you to process an appeal against a shutdown? What has been the longest time it has taken, and what was that case?

What assurances must “trusted rights holders” give to earn that trust? What training or other direction are they given in the legitimate rights of channel holders? What penalties do you impose on “trusted rights holders” who misuse the automatic shutdown tool?

Since it was introduced, how many times has the automatic shutdown tool been used? How many times have channel holders appealed against the shutdown? How many times has the shutdown been determined to have been in error? How many times have penalties been imposed on “trusted rights holders”?

You say:

Livestream’s mission is to provide the premiere interactive live streaming platform for every event owner, broadcaster and premium rights holder in the music, movie, newspaper, radio and television industries.

But what about the rest of your customers, those who are not “premium” rights holders? What assurances can you give them that their legitimate rights will be upheld?

I’ll let you know when Livestream responds.

ZDNet Australia logo: click for Patch Monday episode 29

The iiNet decision was clearly the biggest IT news story last week, so this week’s Patch Monday podcast includes a comprehensive explanation.

My special guest is Peter Black, who teaches internet law at the Queensland University of Technology. But before you get to listen to him, you can endure my summary of Justice Dennis Cowdroy’s full decision.

You can listen below. But it’s probably better for my stats if you listen at ZDNet Australia or subscribe to the RSS feed or subscribe in iTunes.

Please, let me know what you think. We now accept audio comments too. Either Skype to “stilgherrian” or phone Sydney 02 8011 3733.

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