That’s Perth in the photo, with the Swan River just visible between the apartment buildings of East Perth. The photo was taken with my bashed-up HTC Desire phone and processed through Instagram.

Heck, if Zuckerberg reckons it’s worth a billion dollars I might as well have a look, right?

I’ll comment on Instagram itself later, and figure out a better way to integrate the photos into this website. Meanwhile, here’s a gallery of my Instagram photos, updated automatically.

And now on with the show…

Podcasts

• Patch Monday episode 135, “iiNet wards off AFACT, but what next?” A summary of the High Court’s decision in Roadshow Films and others versus iiNet Limited, the initial reactions, and a wide-ranging discussion with Dr Rebecca Giblin, a copyright academic and geek from Monash University’s law school, who literally wrote the book on this subject: Code Wars: 10 Years of P2P Software Litigation. Keywords for the other things we mention are SOPA/PIPA, peer-to-peer production,

Articles

• Blockbuster trial for a movie and TV industry in decline, ABC Drum Opinion, 23 April 2012.
• Security concerns over Australia’s e-health records, CSO Online, 23 April 2012.

Media Appearances

• On Wednesday I was interviewed about the cash for tweets demi-scandal by Adelaide newspaper The Advertiser and their website AdelaideNow. The cash for what? Well, ABC TV’s Media Watch covered it on Monday night. Basically the South Australian Department of Tourism paid “celebrities” $750 to tweet about Kangaroo Island — but the tweets weren’t disclosed as advertising.
• On Thursday I was interviewed by SBS News for the story Wi-Fi networks ‘too hackable’. Quotes from this article appeared in Your WiFi Used In Their Crimes at smarthouse.com.au, where I was billed as a “tech blogger”.
• On Friday I presented at the DigitalMe event in Perth. I’ll link to the video as soon as that’s posted. Meanwhile here’s Sara Culverhouse’s summary.
• Also on Friday I was interviewed on ABC 720 Perth about that DigitalMe presentation. Thanks to Perth’s endemic taxi shortage I ended up walking briskly to the ABC studios — but not briskly enough. I did the interview via phone from the street. That meant I couldn’t record it.
• And still on Friday I spoke about the Optus TV Now appeal on ABC Local Radio sort-of-nationally with Dom Knight, as well as some of the stuff I covered at DigitalMe.

Corporate Largesse

• I wasn’t paid to present at DigitalMe, they did cover travel from Sydney to Perth and one night’s accommodation at Aarons Hotel including breakfast. Wine by Brad provided booze for the welcome drinks, as well as a bottle to take home. Food was supplied by Sorrento Restaurant, Northbridge.

The Week Ahead

A busy week of writing lies ahead, including a story for CSO Online and my presentation for the Saasu Cloud Conference the following week. I’ll also continue work on the feature story I’m writing for ZDNet Australia

I believe I’ll be back in Wentworth Falls for most of the week, but this could change at short notice. The Dopplr widget on the left-hand side of every page of my website is usually updated within an hour of plans changing, so always check there first — but bear in mind it has odd ideas of what day it is.

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 (or they used to before my phone camera got a bit too scratched up). The photos also appear on Flickr, where I eventually add geolocation data and tags.

This case has interesting implications. Originally, Justice Steve Rares said, effectively, that someone using a recorder-in-the cloud was still making a personal copy for domestic purposes. The fact that they’re using a recording device that’s provided as a service rather than sitting on the shelf under their television is irrelevant. The Full Court is saying, effectively, that the cloud provider is complicity in the action, which means it’s no longer personal, and in some cases may even be the sole actor.

This interpretation could have massive implications for providers of other cloud services. Could they be found to be copying data that they’re not entitled to? I’m no lawyer, so don’t ask me. But I can at least see that the law is having to deal with situations that are very different from the circumstances imagined when it was written.

Paragraph 100 of the Full Court’s decisions does say:

We should emphasise that our concerns here have been limited to the particular service provider-subscriber relationship of Optus and its subscribers to the TV Now Service and to the nature and operation of the particular technology used to provide the service in question. We accept that different relationships and differing technologies may well yield different conclusions to the “who makes the copy” question.

Will this decision be appealed? You bet.

Last night I spoke about the decision and its implications with Dom Knight on ABC Local Radio nationally — well, except for the analog transmitters that were broadcasting the cricket. I also spoke about the material I presented yesterday at DigitalMe in Perth.

[Update: I just noticed that there's a couple of little audio gaps. I was recording off the stream, y'see. I'll fix them later.]

Personally, I stand by what I said in the opinion piece I wrote for the Sydney Morning Herald in February: Sport has to think outside the box.

If you’re in Perth today, the DigitalFamily event starts at 1000 local time at Northbridge Piazza. It’s free.

The audio is of course ©2012 Australian Broadcasting Corporation, but as usual I’m posting it here as an archive.

The High Court decided, as outlined in its summary [PDF], that internet service provider iiNet was not responsible for the copyright-infringing acts of its customers. But as explained in their full decision, that decision was based on “all the facts of the case”. That is, things might have turned out differently had the Australian Federation Against Copyright Theft (AFACT) or iiNet handled things differently. We’ll never know.

Since I wrote for Crikey, my ZDNet Australia colleague Josh Taylor has been tracking the reactions. I daresay there’ll be more to come across the weekend.

Now when I spoke to the ABC’s Richard Glover just after the 4pm news this afternoon — that’s the audio you’ll hear here — the scene was set first by Glover’s slightly-misleading introduction involving pubs and then AFACT’s managing director Neil Gane. So I was working within that framing. I’m not sure how well I did.

Obviously time was limited. Had I had more time to speak, I would have said:

• We do keep talking about the experience of the music industry, but that’s because they’re further down the path of replacing traditional distribution mechanisms with the internet. It might be worth the film and TV industries having a look at that and seeing what they can learn, rather than just being in denial.
• Yes, the economics of making a big blockbuster movie are very different from making a music album. But the film industry decided to take the blockbuster path with all the expensive hangers-on that that business model entails. No-one is forcing them to do it that way.
• With distribution costs tending to zero, those who run the traditional distribution models need one heck of a lot better argument to justify the amount of money they charge than “Oh no, it’s all different now”.
• They talk about the industry being in decline, but that’s because they only count themselves. As a totality, people probably spend more on entertainment than they ever have done. It’s like the Myer and David Jones and Harvey Norman stores whinging about the decline of retail. No, retail overall is doing just fine. The bit that’s failing is them — the people doing things the same old way and not adapting to the change.
• No business model has a right to exist. Maybe the age of big movies and big TV productions is over. It wouldn’t be the first time a form of entertainment had died because it was no longer viable, and it wouldn’t be the last.

The audio is of course ©2012 Australian Broadcasting Corporation, but as usual I’m posting it here as an archive.

I never did get around to writing that more reflective blog post, but you’ll cope. There’s enough here for you to be reading and listening to.

Podcasts

• Patch Monday episode 125, “Blackhole: cybercrime toolkit of choice”. Jason Pearse, M86 Security Labs’ sales engineering director for the Asia-Pacific region, explains why Blackhole is so “good” and debunks some information security myths.
• The 9pm Edict episode 18, which covers the NSW police lecturing parents and things.
• The 9pm Edict episode 19, which covers idiot reportage of the Kevin Rudd swearing video and proposes a fix for the Canberra press gallery.

Articles

• Blocking all .info domains is “censorship”: The Greens, CSO Online, 14 February 2012.
• Mobile security a “game-changer” for Aussie telcos: Analyst, CSO Online, 17 February 2012.

Media Appearances

• On Tuesday I was quoted in Harrison Polites’ Technology Spectator piece Five critical hacking myths.
• On Wednesday night I spoke about copyright vs the internet on ABC Local Radio nationally.
• On Saturday afternoon I spoke about Apple’s iMessage and Path’s privacy outrage on Sydney radio 2UE.

Corporate Largesse

• On Thursday I attended analyst firm Frost & Sullivan’s “ICT Outlook Press Lunch” at the InterContinental Hotel in Sydney. Sandwiches and salads and cheese and cake were served. However the waiter never did bring the proffered coffee and had to get my own at the end of the event.

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: Fleeting mists. I know I linked to the picture last week, but I do love it. Such magnificent sights make up for the hassle of the storms.]

[Update 26 February 2012: Added an entry for the Harrison Polites story to Media Appearances section.]

Also on the program was Fiona Phillips, acting CEO of the Australian Copyright Council, so we had me as the technologist and her as the lawyer.

I think Mr Delroy was surprised to find that we were in broad agreement on most issues. We covered quite a bit of territory, including SOPA, Optus versus sport, new business models and the inevitable mention of Nine Inch Nails.

Here’s the recording of the whole thing, including the talkback calls.

I’d also like to thank everyone on Twitter who suggested other creatives who were successfully bypassing the middlemen and publishing straight to their audiences: musicians Radiohead, Amanda Hocking, Amanda Palmer, Jonathan Coulton and OK Go; writers Stephen King and Cory Doctorow; comedian Louis CK; and even the movie Red State by Kevin Smith. Have I missed any?

The audio is ©2012 Australian Broadcasting Corporation. The program is also available as an MP3 from the ABC website.

If you’re new to the story, well, there’s a summary and links in my post from Tuesday and my opinion piece in the Sydney Morning Herald.

Last night I ended up talking about it on Adelaide radio 1395 FIVEaa. I held the slight fear that I’d be on a sports program as token representative of The Evil Internets. But as it happens, presenter Will Goodings took us through a rather balanced discussion.

As an aside, I was amused to see how an editorial in The Australian described the federal court decision.

Last week’s landmark Federal Court ruling that Optus can record and re-broadcast sporting events “near live” without breaching copyright…

The court decided no such thing. It decided that individuals could make their “private and domestic” recordings using Optus’ service rather than their own equipment. It certainly didn’t give Optus permission to “re-broadcast” anything, at least within any meaning of the word “broadcast” used by people on this planet.

Still, hats off to The Australian for a lovely bit of propaganda in support of their sporting interests. Remember who owns the National Rugby League…

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.

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.

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.]

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

• Collateral damage in the copyright wars, ABC Drum Opinion, 23 January 2012.
• Beware the piracy clones, Technology Spectator, 23 January 2012.
• Untested buggy UEFI heads for prime-time, ZDNet Australia, 23 January 2012. Also published at TechRepublic.
• Ah, the tech-soap that is Apple will run and run, Crikey, 25 January 2012. Warning: This article offends pompous Randroids. Apparently. Fuck ‘em.
• Linux.conf.au 2012 photos, ZDNet Australia, 25 January 2012. Also published at TechRepublic.
• Hacked or not, Ludlam’s a target of spies, ZDNet Australia, 25 January 2012.

Media Appearances

• On Saturday I spoke with Sydney radio 2UE about cyberbullying and Rose Smith’s suggestion that children should be made to surrender their mobile phones at night.

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.]

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

• Patch Monday episode 115, “SOPA: war on the internet continues”. CNET chief political correspondent Declan McCullagh outlines the controversy surrounding the US Stop Online Privacy Act (SOPA), and Canberra correspondent Bernard Keane from Crikey positions SOPA as yet another example of what amounts to a war on the internet.

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.

• Today’s cloud winners: the cybercriminals, CSO, 24 November 2011.
• Want government cloud? Rethink security!, CSO, 24 November 2011.

Media Appearances

• This kinda counts as media. I was on the panel for the media140+ Digital Anonymity event, the audio recordings of which I linked to earlier.

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

• Apple, Oz TV firm copyright mediation fails, for ZDNet Australia, essentially the highlights of Jigsaw Entertainment vs Apple as heard on Patch Monday.
• ‘Arrogant’ Apple faces copyright suit over iPhone app content, for Crikey. Ditto.

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

• Online privacy dangers: they’re not what you think, for Crikey. The article was based on an interview with Kevin Shaw, president of the International Association of Privacy Professionals – Australia and New Zealand (iappANZ) in the lead-up to their conference on 30 November, Silver Lining: The Privacy Umbrella of Cloud Computing.
• Anti-Counterfeiting Trade Agreement: not so evil after all, for Crikey. The final text of ACTA was negotiated on Monday. This is my brief news story. It’s behind the paywall for now – you can read it with a free trial of Crikey — but it’ll emerge in two weeks.

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

• On Thursday I spoke with Paul Turton on ABC Radio’s Statewide Drive about the way hackers capitalise on news stories and the tragedy of people finding out about family deaths on Facebook. Alas, there is no recording.

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

• How America could censor the internet… or not, for Crikey. The US is currently considering the Combating Online Infringement and Counterfeits Act, which my Crikey colleague Harley Dennett also wrote about today in The internet filter coming to the US — with barely any dissent. It’s about cutting off internet domains that are alleged to be involved with copyright infringement.

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.