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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

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:

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.
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.
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…

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.

Links for 12 September 2009 through 19 September 2009

19 September 2009 in Daily Links by del.icio.us | 1 comment

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

Steak House or Gay Bar?: Can you pick the steakhouses from the gay bars, just by their names? It’s harder than you might thing!
Greenpeace frees ocean life from Pacific longliner | Greenpeace Australia Pacific: Greenpeace’s report on their ship Esperanza “freeing tuna, sharks, marlin and an endangered sea turtle from a Taiwanese longliner”, the Ho Tsai Fa 18. Or, as I prefer to label it, Greenpeace committing piracy and endangering the lives of mariners going about their business.
Fish Now, Pay Later | Greenpeace Australia Pacific: Darren Smith told me the article on dolphin-safe tuna wasn’t right, that Greenpeace didn’t support any kind of industrialised fishing. Here’s what Greenpeace is currently doing in the Pacific.
The ecological disaster that is dolphin safe tuna | Southern Fried Science: By promoting “dolphin-safe tuna” — I prefer to spell it with a hyphen thusly — we’ve ended up with a system that’s unsafe for pretty much everything else.
Meet my hot new stripper wife / Turns out the mid-life crisis is a cruel global phenomenon. Can it be stopped? | Mark Morford: Mark Morford is rapidly becoming one of my favourite writers. In this piece from February 2008 he explains a man’s mid-life crisis rather too well. And entertainingly. I’ll never be able to listen to Justin Timberlake in the same way again.
The Lost Seasons | ABC: More details of the Australian Aboriginal six-season cycle, including a nice explanation of the system used by the Sydney basin’s D’harawal people.
War 2.0: Political Violence & New Media | ANU Department of International Relations: I’ve been invited to attend this 2-day symposium in Canberra on 7-8 October. Now, to figure out who’s paying for it, which will be the key factor in deciding whether I can go.
Jimmy Carter says that tea baggers hate President Obama because he's black | The Root: The former president points out a truth so self-evident you wonder how it could possibly be controversial. But controversial it is. Has modern journalism become so timid that it can’t handle the truth?
Understanding the Telstra d-i-v-o-r-c-e | SearchNetworking.com.au: Richard Chirgwin’s backgrounder explains just how difficult it will be to separate Telstra into separate wholesale and retail divisions.
The next generation bends over | 37signals: The makers of Basecamp, something I use every day, reckon the sale of online accounting software Mint to Intuit, the makers of Quicken and Quickbooks, is “indicative of a VC-induced cancer that’s infecting our industry and killing off the next generation”.
Kid Cannabis | Rolling Stone: “How a chubby pizza-delivery boy from Idaho became a drug kingpin.” It’s just another product distribution business, just illegal.
Rudd & Conroy Gambling On Mandatory Internet Censorship Working | broowery.com: An odd statistical analysis of the likelihood of stumbling across banned material online.
ACMA Blacklists Iran Protest Video & Boing Boing: Another example of why the ACMA blacklist process is seemingly out of step with what the community might want. That’s not ACMA’s fault, they’re just implementing a dodgy policy.
Why Sol Trujillo should be sued for stuffing up Telstra: Kohler | SmartCompany: There’s so many historical analyses of Telstra coming out this week, what with the government announcing its break-up and n’all. This one is marvellous.
2009 Menzies Lecture by John Howard (full text) | The Australian: “In the Australian context the adoption of a Charter or Bill of rights would represent the final triumph of elitism in Australian politics,” reckons our former Prime Minister. A fascinating read if only for its disingenuous use of political rhetoric and coded messages rather than rational argument.
Oil Rocks | BLDGBLOG: Imagine a city of 5000 people built on stilts and causeways some 45km out into a lake. Well, it exists, and it’s called Oil Rocks, in the Caspian Sea in Azerbaijan.
The Mushroom Tunnel of Mittagong | BLDGBLOG: A fascinating look, with photos, of a mushroom farm inside a disused railway tunnel. The tunnel itself is still government property, with the farm existing on a 5-year lease.
Death by Information Overload | HBR.org: “New research and novel techniques offer a lifeline to you and your organization,” it says.
The Economics of Sex Work | Core Economics: Good to see an update of knowledge since I did a little research on the sex industry for ABC Radio all those years ago.
CHART OF THE DAY: Primetime On Facebook Is Monday To Wednesday | Silicon Valley Insider: “Social media marketers, take note. The best days to spam, erm, publish wall posts on Facebook that you want your ‘fans’ to pay attention to are Mondays, Tuesdays, and Wednesdays.”

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

Links for 30 March 2009 through 04 April 2009

04 April 2009 in Daily Links by del.icio.us | No comments

Stilgherrian’s links for 30 March 2009 through 04 April 2009, gathered with the assistance of pumpkins and bees:

The Australian Sex Party: “The Australian Sex Party is a political response to the sexual needs of Australia in the 21st century. It is an attempt to restore the balance between sexual privacy and sexual publicity that has been severely distorted by morals campaigners and prudish politicians.”
Measuring the Information Society: The ICT Development Index 2009: Australia is ranked #14 based on figures from 2007. In 2003 it was at #13.
Ho Hum, Sweden Passes new anti File Sharing Legislation | Perceptric Forum: Tom Koltai’s analysis of that new Swedish law: It’ll make no difference long term.
As Sweden’s Internet anonymity fades, traffic plunges | Ars Technica: A new Swedish law that went into effect 1 April makes it possible for copyright holders to go to court and unmask a user based on an IP address. Sweden’s Internet traffic dropped 40% overnight.
Study: online sexual predators not like popular perception | Ars Technica: This survey rejects the idea that the Internet is an especially perilous place for minors, and finds that while the nature of online sex crimes against minors changed little between 2000 and 2006, the profile of the offenders has been shifting — and both differ markedly from the popular conception.
What Is Fail Whale?: The complete history of the Twitter’s error-bringing Fail Whale, along with all the art and craft it’s inspired to date.
Voda/Hutch merger rattles ACCC | ZDNet Australia: Australia’s competition watchdog tonight issued a strongly worded statement of concern that the proposed merger of mobile carriers Hutchison and Vodafone could lead to increased retail prices on mobile telephony and broadband services.
All the news that’s fit to tweet | guardian.co.uk: The Guardian has also announced a new 140-character commenting system. “You’ll never again need to wade through paragraphs of extended argument, looking for the point, or suffer the unbearable tedium of having to read multiple protracted, well-grounded perspectives on the blogs you love.”
Share This Lecture! | Viddler.com: Mark Pesce’s annual lecture for “Cyberworlds” class, Sydney University, 31 March 2009. About the significance of sharing across three domains: sharing media, sharing knowledge, and how these two inevitably lead to the sharing of power.
Twitter switch for Guardian, after 188 years of ink | The Guardian: One of the better April Fools’ Day pieces. I particularly like the extracts from the Twitterised news archive. 1927: “OMG first successful transatlantic air flight wow, pretty cool! Boring day otherwise *sigh*”
Flappers, wine, cocaine and revels (Pt II) | The Vapour Trail: A few hours after five Melbourne girls were arrested for vagrancy in late March 1928, the headline of Melbourne’s Truth broadcast their misdeeds: “White Girls with Negro Lovers. Flappers, Wine, Cocaine and Revels. Raid Discloses Wild Scene of Abandon”.
A Blacklist for Websites Backfires in Australia | TIME: Time‘s take on the leak of the Australian Internet censorship blacklist portrays it as a joke and a scandal. There are some factual errors in the story, but this looks like how it’ll end up being perceived internationally.