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.

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.

It’s almost old news now, but last Thursday the Federal Court ruled that internet service providers (ISPs) are not responsible for the copyright infringements done by their customers.

The full decision by Justice Dennis Cowdroy is almost 200 pages long, yet I found it relatively easy to read and learned a lot.

I’ve written three stories for Crikey so far:

1. iiTrial: ISPs not responsible for users’ copyright infringement, which was published just a few hours after the decision was handed down. It’s the basic facts of the decision.
2. iiNet decision a slapdown for AFACT, movie industry, which focuses on Justice Cowdroy’s comprehensive criticism of the Australian Federation Against Copyright Theft (AFACT) — not just the way they conducted themselves in court but their whole approach to dealing with copyright infringement.
3. Conroy tells movie industry, ISPs to kiss and make up, published yesterday. AFACT looked like they expected the government to intervene, but communications minister Senator Stephen Conroy is instead asking the movie and ISP industries to negotiate a code of practice themselves, presumably via the Internet Industry Association.

I daresay I’ll be writing more soon. Meanwhile, if you have any questions…

I know, I know… So many of my posts recently have been about me doing media stuff elsewhere. But maybe that’s a good thing.

This morning I was one of the people interviewed in a story on ABC Radio National Breakfast about the recent Dutch legal decision against Mininova, a BitTorrent tracker site.

The story was produced by Oscar McLaren, and you can listen to it online.

Tikatok community manager Neal Grigsby writes:

I am Neal Grigsby, the community manager for Tikatok. I wanted to thank you and your readers for your comments about Tikatok’s User Agreement, and to let you know that we are in the process of updating the User Agreement to reflect that authors will own all original materials that they submit to Tikatok. Tikatok will own any underlying Tikatok templates that are used by the author while on www.tikatok.com, as well as any other content that is licensed from third parties by Tikatok.

That sounds more like an appropriate balance to me. I’ll post a link to the new policy when it appears.

“Always read the fine print,” we’re told. Too bloody right when it comes to scummy websites like Titatok. Watch out, kids, they’re stealing your creativity!

On the surface it looks pleasant enough. Smiling kiddies, pastel colours and the chance to share your child’s creativity with friends and family. But read the terms and conditions and you’ll soon see that the slogan “Capture your child’s creativity” is literally true.

Your child’s creativity will be captured. By Tikatok. They’ll profit by using your children for unpaid child labour.

Check out this section of their User Agreement with my emphasis added:

V. Ownership of Submissions

Certain areas of the Site will permit you to send materials to Tikatok such as stories and drawings. Upon submission, all creations, ideas, concepts, notes, drafts, stories, artwork, drawings, photographs or other information of any nature (collectively, the “Submissions”), submitted by an author to the Site shall be deemed to be, and shall remain, the property of Tikatok, and the author will be deemed for all purposes to have assigned all of his or her worldwide right, title and interest in and to such Submissions to Tikatok and waived any “moral” or author’s rights therein. None of the Submissions shall be subject to any obligation of confidence on the part of Tikatok, and Tikatok shall not be liable for any use or disclosure of all or part of the Submissions. Without limiting the foregoing, Tikatok shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

The book or on-line display of the book on the Site will contain a notice substantially in the following form: “Copyright © 2009 by Tikatok LLC. All rights reserved.”

Yes, that’s right. Anything you give to Tikatok they claim as theirs. Upload a family photo or your child’s stories and drawings, and Tikatok will be able to do whatever they like with it, including sell it for profit, without any payment to you or even any acknowledgement.

Don’t you think that’s just a little bit disgusting?

I think this is appalling. Especially when Tikatok is focussed on the creative output of children. And specially when they’ve got the gall to say, further down in their User Agreement:

You may not use the Site for commercial purposes.

Now it’s common enough when you enter a competition, say, for your submissions to be licensed to promote that competition or the sponsor. That’s the exchange — in return for your chance of winning the prize. But this is naked theft. From children. I spit upon them.

As I say, always read the fine print!

[Hat-tip to Stephen Loosley for spotting this outrage.]

• Nature Child | San Juan Islander: “According to family studies professor, Sandra Hofferth of the University of Maryland, there was a 50% decline between 1997 to 2003 in the proportion of children 9 to 12 who spent time in outdoor activities (hiking, walking, fishing, beach play and gardening).”
• FreeRangeKids: “At Free Range, we believe in safe kids. We believe in helmets, car seats and safety belts. We do NOT believe that every time school age children go outside, they need a security detail.”
• How far did you roam as a child? | Watershed: Educator John Larkin continues the thoughts about wrapping our kids in cotton wool.
• How children lost the right to roam in four generations | Mail Online: In 1919, an 8yo was allowed to walk six miles to go fishing. Today, an 8yo isn’t allowed past the end of the street without parental escort. This article from 2007 triggered many thoughts, and I’ve glad I found it again.
• Forget the young pretenders, Humans 1.0 can lead the way | The Observer: John Naughton riffs off the idea that teenagers don’t know everything and some parts of cyberspace (ugh!) are teenager-free. Although the article then says that “only” 11% of Twitter’s users are under 17 years old. And what proportion of the literate population is under 17yo? 11%? More? Less?
• Podcasting Equipment Guide (2009) | Hivelogic: A nice guide to the tools needed to podcast on a budget. Yes, there’s a reason I’m looking at this. Stay tuned, as they say.
• Senate Select Committee on the National Broadband Network | Parliament of Australia: Full transcripts of the Senate Select Committee on the National Broadband Network public hearings, which I’m tagging for my own reference later.
• What Information is “Personally Identifiable”? | Electronic Frontier Foundation: Gender, ZIP code and birth date are enough to uniquely identify about 87% of the US population. This has massive implications for publishing data sets, and for privacy policies that claim not to collect “personally identifiable” information.
• Nine News twittered by seagull | TV Tonight: It’s nothing to do with Twitter, but there is a seagull. A very big seagull.
• Apology for singing shop worker | BBC News: Shop assistant Sandra Burt, 56, from Clackmannanshire, was threatened with a fine for singing without a license by the Performing Right Society. However they’ve now apologised and sent flowers.
• Online Ads Not Working for You? Blame the Creative | Advertising Age: A study by Dynamic Logic says that obsession about optimisation and placement is less important.
• We can’t turn back the tide of internet piracy, says TV boss | Herald Scotland: “Internet piracy is merely demand where appropriate supply does not exist,” says the commissioning editor for education at the UK’s Channel 4.
• Court tweets sustained but paper still lurks | ZDNet Australia: Liam Tung, who tweeted from the AFACT v iiNet trial in the Federal Court of Australia in Sydney, reflects on the gaps in courtroom IT.
• Beats and Tweets: Journalistic Guidelines for the Facebook Era | NPR: Yet another exploration of ethics an journalism. One point in here I really do not like, though: “You must not advocate for political or other polarizing issues online. This extends to joining online groups or using social media in any form (including your Facebook page or a personal blog) to express personal views on a political or other controversial issue that you could not write for the air or post on NPR.org.” Sorry? Work for NPR and you lose your right to participate in democracy?
• Poles, Politeness and Politics in the age of Twitter | The New Adventures of Stephen Fry: Another fine if perhaps rambling essay from Mr Fry about the meaning of “influence” and accidentally gaining same. Worth a leisurely read.
• Why journalism's all a-Twitter | The Walkley Foundation: The editorial chief of Sydney’s forthcoming Media140 conference goes beyond the obvious “Is Twitter journalism?” and mechanical how-to issues and explores the ethical issues of journalists using Twitter.
• Twitter in the court: Federal judge gets it | CNET News: Another article about using Twitter in courtrooms, from the US an from March 2009.
• Call For Opinions | Blackbeard Blog: Tom Ewing’s collection of opinions on market research and social media, “quite unsupported by anything other than grumpiness and prejudice”. The first is that “insights” aren’t Zen koans. “If you can express something that briefly, it’s probably banal.”
• The internet doesn’t exist | Business Spectator: Ah, Alan Kohler! I do so love your commentaries! Here’s more of his sensible thoughts on the matter of paying for “content” on the Internet.
• How Safe is the HPV vaccine? | Information Is Beautiful: A brilliantly simple infographic showing the incredibly low risk of associated with the Human Papillomavirus compared with various everyday activities.
• Ultimate Goat Fansite: Do I need to explain? I thought not.