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Weekly Wrap 99: Perth, privacy and poor photographs

29 April 2012 in Weekly Wrap by Stilgherrian | No comments

My week from Monday 23 to Sunday 29 April 2012 covered the entire continent from Sydney to Perth and (at least later today) back again.

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

Media Appearances

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.

Talking the #iiTrial decision on ABC 702 Sydney

20 April 2012 in Conversations, Internet, Media by Stilgherrian | 2 comments

The big internet-related story in Australia today was the High Court’s decision in the so-called #iiTrial. I wrote the lead story in Crikey — read that now for the facts and my analysis — and just spoke about it on ABC 702 Sydney.

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.

Play

Podcast: Play in new window | Download (Duration: 17:34 — 13.1MB)

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.

Talking copyright vs the internet on ABC Local Radio

16 February 2012 in Conversations, Internet, Media by Stilgherrian | 2 comments

Last night I took part in a nice long chat about copyright and the internet on ABC Local Radio across Australia — the program being Tony Delroy’s Nightlife.

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.

Play

Podcast: Play in new window | Download (Duration: 41:05 — 29.1MB)

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.

Weekly Wrap 38

02 March 2011 in Internet, Politics, Weekly Wrap by Stilgherrian | No comments

A weekly summary of what I’ve been doing elsewhere on the internets. This is being posted rather late, Wednesday rather than Sunday or so, because I was flat out at the Kickstart Forum. Must. Do. Better.

Podcasts

Articles

  • AFACT versus iiNet appeal decision resolves nothing, for Crikey. In summary, while the Australian Federation Against Copyright Theft’s appeal against the Federal Court’s decision in favour of iiNet was lost, this’ll probably all end up being appealed again to the High Court.

Corporate Largesse

  • On Wednesday I attended the NICTA Techfest and was provided with free food and drink.
  • Starting on Sunday I was attending the Kickstart Forum on the Gold Coast. My airfares and accommodation were paid for by the organisers, Media Connect. On Sunday evening security firm AVG bought me a drink. Sunday night’s dinner was sponsored by MyNetPhone.

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.

Weekly Wrap 9

06 August 2010 in Internet, Politics, Weekly Wrap by Stilgherrian | 3 comments

A weekly summary of what I’ve been doing elsewhere on the internets — and this week there’s been a lot of it!

Articles

  • Gay marriage an irrelevant sideshow, for ABC Unleashed. I reckon the way “the gay and lesbian community” abused Senator Penny Wong for simply re-stating Labor policy was disgusting. Did they really expect her to break ranks and criticise her party’s policy just because some random punter asked her a question on Q&A?
  • AFACT didn’t explain notices to iiNet for ZDNet.com.au. On Wednesday I covered day three of the Federal Court appeal by the Australian Federation Against Copyright Theft in their case against Australia’s third-largest ISP. This is straight reportage of the morning’s proceedings.
  • Will AFACT’s appeal solve anything? for ZDNet.com.au. On Thursday, I wrote this op-ed piece, picking up on one of the appeal judge’s comments about this appeal not necessarily solving anything long-term.

Podcasts

  • Patch Monday episode 51, “Data breaches: it’s criminals again” with guest Brad Arkin, who Mark Goudie, who heads up the forensics practice for Verizon Business Asia-Pacific in Melbourne. We discuss Verizon’s 2010 Data Breach Investigations Report [PDF].
  • A Series of Tubes episode 114. Host Richard Chirgwin talks with APNIC Chief Scientist Geoff Houston about the impending exhaustion of IPv4 internet addresses, and me about the AFACT v iiNet appeal, the demise of Google Wave, and a few political things.

Media Appearances

[Photo: The view from Courtroom 1, Federal Court of Australia, Sydney, photographed on 4 August 2010. The brown smudges are not on your screen: the windows need cleaning from the outside.]

Mark Thomas on UK Digital Economy Bill

20 February 2010 in Film, Internet, Music, Politics by Stilgherrian | 1 comment

The movie and music industries have been lobbying governments globally to introduce so-called “three strikes” laws. Three accusations of online copyright infringement — “accusations”, mind you, not proof — and you lose your internet connection.

Copyright-holders reckon this will help prevent copyright infringement. But the concerns are that we’re entering the realm of guilt by allegation, and potentially punishing innocent people by denying internet access to everyone in a household, not just the guilty party.

The internet is now central to everything from health and education to banking and politics, so that’s one heck of a big stick.

As this 10-minute video by comedian and activist Mark Thomas explains, the UK version of this proposed law, the Digital Economy Bill, has a nasty surprise. Section 17 would give the Secretary of State the power to amend the copyright laws without having to run them past Parliament first.

Um hello? “Parliamentary democracy”, anyone?

If the embedded player doesn’t work, you can watch the video on YouTube.

At this stage, the Australian Government is not yet considering laws like this. But that could change.

Earlier this month iiNet, our third-largest ISP, won a case in the Federal Court where Justice Dennis Cowdroy ruled that ISPs are not responsible for the copyright-infringing acts of their customers. I covered that for Crikey and in the Patch Monday podcast.

Since then, communications minister Senator Stephen Conroy has said he wants the copyright-holders and the ISPs to work out a code of practice on their own. However I reckon that’s just a delaying tactic to avoid discussing such a controversial issue in an election year.

The movie and music industries are fighting hard on this one. France and Japan already have three-strikes laws, to name just two. And the industries are devoting plenty of resources.

Mark Thomas points out they were late in using the internet to make money from their assets, and now they’re looking for someone to blame. Yes, the big players may well be making less profit that before. However the bulk of their profit was from distribution. Now the costs of distribution are almost nil — yet somehow they’ve managed to end up making less money. Fools.

They also reckon that if no-one can make money from their creative acts, it’ll be the death of creativity. But in the video, prehistoric musician Billy Bragg points out that while a few artists at the top end may be suffering, the internet has proved a boon for lower-ranked artists, allowing them to reach new markets at much lower cost.

This is a big issue. It’s a complicated issue. It won’t go away. We should all stay informed.

Patch Monday: iiNet: The whys and what nows

09 February 2010 in Film, Internet, Media by Stilgherrian | No comments

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.

Crikey: iiNet’s win over the movie industry

09 February 2010 in Film, Internet, Media by Stilgherrian | No comments

Crikey logo

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…

Why AFACT v iiNet is important

12 October 2009 in Internet, Politics by Stilgherrian | No comments

Crikey logo

Oh, in case you’re wondering, this legal case AFACT v iiNet is about online copyright infringement — that is, illegal file sharing — and whether ISPs do enough to stop it. Its result will set important precedents for the entire telecommunications industry, as well as your expectations of privacy online.

I wrote a backgrounder for Crikey last week, which is free to read.

If iiNet loses, all ISPs could be hit with similar claims worth millions of dollars. That cost, and the cost of additional monitoring, would be passed on to customers. The hearing is expected to last until mid-November. Judge’s rulings are expected early next year.

Should court hearings be streamed live?

12 October 2009 in History, Internet, Politics by Stilgherrian | No comments

ZDNet Australia logo: click for story

I don’t know whether it’s the first time an Australian legal trial has been covered live via Twitter, but the Twitter coverage of the AFACT v iiNet hearing in the Federal Court is breathing new life into court reporting. So, why don’t we just stream everything live to the Internet, audio and video?

That’s the question I ask in my first opinion piece for ZDNet Australia, Twitter in court: Why not streaming video?, which was posted on Friday afternoon after I’d spent half the week watching ZDNet.com.au‘s Liam Tung and The Australian‘s Andrew Colley bring us their observations as the case unfolded.

As it happens, the ban on live broadcast coverage from courtrooms dates back to the 1930s. Although there have been experiments with TV coverage, it’s still rare. But apart from the obvious cases where you’d want to keep it banned, why shouldn’t we allow it? That’s what I explore over at ZDNet.com.au. Have a read and let me know what you think.

If you want to follow the hearing, which is expected to last until mid-November, monitor the Twitter hashtag #iitrial.

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