piracy

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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 — which was another slow week again this week, since it’s the lead-up to Christmas.

Articles

Podcasts

  • Patch Monday episode 70, “2010: IT’s year of domination”. An extended panel discussion reviewing 2010 and making a few predictions for 2011. My guests are: Mick Liubinskas, co-founder of Australian start-up incubator Pollenizer and, back in the day, head of marketing and business development for infamous music sharing site Kazaa; columnist and author Paul Wallbank; and Jeff Waugh, open-source developer, strategist and advocate, and political tragic.

Media Appearances

Corporate Largesse

None. It all seemed to wrap up last week. It’s going to be a bleak holiday season. Please send packages of food and drink.

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: My Christmas card from 2007, recycled because I didn't get around to doing anything new this year. I made the tinsel antlers for my good friend the Snarky Platypus, who continues to use them to this day. Photograph by Trinn (’Pong) Suwannapha.]

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.]

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 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.

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 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…

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