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piracy

You are currently browsing articles tagged piracy.

Livestream does “guilt by accusation”

04 March 2010 in Internet, Media, Politics by Stilgherrian | 3 comments

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.

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…

Sea Shepherd? Gave my opinion 2 years ago

07 January 2010 in Ecology, Media, Politics by Stilgherrian | 1 comment

Self-appointed whale-defender media whores Sea Shepherd always provide great photos of their “direct action”, so it’s no surprise that when their boat Ady Gil was damaged by Japanese security ship Shonan Maru 2 yesterday it looked spectacular.

Sea Shepherd of course claim it was a deliberate attack. Maybe it was, maybe it wasn’t. Thing is though, guys, if you don’t want to be involved in a collision at sea, don’t fucking well deliberately put your boat so close to another.

I won’t say any more about this specific incident today. I have other things to do, and I’ve already written about my opinion of Sea Shepherd two years ago — along with plenty of references to material which points out that things are all much murkier than Sea Shepherd makes out.

If you’d like to comment on this issue, do please do so after reading the material over at my original post. I’m very interested in separating out the emotion-laden rhetoric and the zealotry surrounding whaling from the practical environmental and legal issues, and I think Sea Shepherd are a noisy distraction.

So, I’ll close comments on this post, and you can comment over there.

As an aside, the life and beliefs of Sea Shepherd founder Paul Watson make for an interesting read too.

[Update 8 January 2010: To clarify, yes, comments are closed on this post — not to limit the discussion, but to ensure that all comments relating to Sea Shepherd are collected over on my January 2008 post. Sorry if there's been any confusion.]

Talking Mininova and BitTorrent on Radio National

03 December 2009 in Internet, Media, Politics by Stilgherrian | No comments

ABC logo

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.

Links for 22 October 2009 through 27 October 2009

01 November 2009 in Daily Links by del.icio.us | 2 comments

Stilgherrian’s links for 22 October 2009 through 27 October 2009, published after far too long a break. I really, really do need to work out a better way of doing this…

Links for 12 September 2009 through 19 September 2009

19 September 2009 in Daily Links by del.icio.us | No comments

Here are the web links I’ve found for 12 September 2009 through 19 September 2009, posted not-quite-automatically.

Links for 27 July 2009 through 03 August 2009

03 August 2009 in Daily Links by del.icio.us | No comments

Here are the web links I’ve found for 27 July 2009 through 03 August 2009, posted not-quite automatically, and very late.

  • Viral Wedding Video’s 10M Views Drive Chris Brown Buzz and Sales | Nielsen Wire: That “viral” (by which they just mean “popular”) video of a wedding party dancing into the church [was it a church?] reminded everyone of Chris Brown’s tedious autotune’d song again, with the result that it ended up in iTunes’ Top 10. Yet another example of how something being given away increases its sales.
  • Who needs newspapers when you have Twitter? | Salon News: A massive troll by Wired editor Chris Anderson, seeking attention for his new book Free, which is not free. He starts by saying he doesn’t use the words “media” or “news” or “journalism”, but doesn’t offer any alternatives. Wanker.
  • Techfest 2009 | NICTA: On 12 August 2009, NICTA showcases some of the new ICT research and development they’ree working on at this most-of-the-day event in Sydney. Let me know if you’d like to join me.
  • Women In Film | YouTube: A morph-montage of some of the most famous female faces in film. Note how the eyes are so similar.
  • Men In Film | YouTube: A morph-montage of some of film’s most famous male faces. It’s a challenge to spot all of them. Note how similar most of the noses are.
  • Ashes 09: Hughes’ Twitter drop – Gen Y meets the Baggy Green | Crikey: Twitter, Criket Australia style: “We get the Twitter from Phillip and I feed them into our IT guy.” Somehow I don’t think they get this “personal” and “spontaneous” stuff.
  • 栏目（目录): China’s PLA Daily offers free downloads of (military) music, plus some cheesy animated GIFs.
  • Real Black Hats Hack Security Experts on Eve of Conference | Wired.com: Infosec “expert” Dan Kaminsky has been pwn3d, and his lame choice for passwords exposed.
  • Tesla_Downunder: Some amazing photos of electrical effects from an Australian who’s been building large Tesla coils.
  • AdViews: A digital archive of thousands of vintage TV commercials from the 1950s to 1980s, created or collected by ad agency Benton & Bowles or its successor, D’Arcy Masius Benton & Bowles (DMB&B).
  • Profile: Gary McKinnon | guardian.co.uk: 43yo Gary McKinnon, diagnosed last August with Asperger’s syndrome, admits to hacking US military computers to fuel his UFO obsession.
  • Template Twitter strategy for Government Departments | UK Cabinet Office: The UK has developed a standard 20-page template which departments can use for their own Twitter strategy. I can’t help think that it’ll kill spontaneity before it starts. “All other tweets will be cleared by staff at Information Officer grade and above in the digital media team, consulting relevant colleagues in comms and private offices as necessary.” Gawd.
  • The Mind Of A US Army Sniper | newmatilda.com: A fine article on what it means for a soldier, particularly a sniper, to kill a person. And then do it again. Not an easy read, but an important read.
  • Reconceptualising “time” and “space” in the era of electronic media and communications | Australian Policy Online: “This paper examines to what extent electronic media and communications have contributed to currently changing concepts of time and space and how crucial their role is in experiencing temporality, spatiality and mobility.”
  • Cutthroat Capitalism: An Economic Analysis of the Somali Pirate Business Model | Wired: “Like any business, Somali piracy can be explained in purely economic terms. It flourishes by exploiting the incentives that drive international maritime trade. The other parties involved — shippers, insurers, private security contractors, and numerous national navies — stand to gain more (or at least lose less) by tolerating it than by putting up a serious fight. As for the pirates, their escalating demands are a method of price discovery, a way of gauging how much the market will bear.”
  • Mark Thomas Info: I first encountered Mark Thomas by reading his book As Used on the Famous Nelson Mandala: underground adventures in the arms & torture trade. The stand-up comedian and activist for human rights is worth paying attention to.
  • The Arms Trade | A Stubborn Mule’s Perspective: Sean Carmody turns his data analysis skills to the Stockholm International Peace Research Institute’s Arms Transfer Database, which I mentioned the other day. This initial foray generates some nice maps.
  • The Coming Upstream Revolution. And We Need It | Gigaom: Just as I thought, increasingly two-way communication on the web leads to increased demand for fast uplinks as well as downlinks.
  • Metadata for news | BuzzMachine: Jeff Jarvis’ write-up of Associated Press and the Media Standards Trust proposal for a new standard for metadata for news, plus his own thoughts.
  • SIPRI Arms Transfers Database | Stockholm International Peace Research Institute: A searchable database of all international transfers in seven categories of major conventional weapons from 1950 to the most recent full calendar year.

The latest A Series of Tubes podcast is online for your listening pleasure. Richard Chirgwin talks with Chris King and David Thrum of Palo Alto Networks about the firewall market; sponsor Nortel about last week’s announcements at Interop; and me about National E-Security Week and the decisions of French courts on anti-piracy legislation.

15 June 2009 by Stilgherrian | No comments

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