So how should I cover Budget 2012?

I’ve commented on the Budget for Crikey every May since Labor took power in 2007. This year will be no exception. But what will I say?

In 2008 I criticised Rudd’s slow digital revolution.

Dig into Budget Paper No. 2 and there’s a frustrating lack of detail and commitment.

Of $4.7b promised for the National Broadband Network [this was the original 12Mbps fibre to the node policy], only 0.16% has been committed: $2.1m this financial year and $5.2m next for “establishment and implementation”. The remaining 99.84% — you know, actually building the thing — is all “nfp”. Not for publication. We’ll get back to you…

The rest? All. Too. Slow. And. Vague.

In 2009 I complained that the machinery of Australian government is as outdated as the steam locomotive and the electric telegraph in The Budget? How quaint! They’re just made-up, you know.

Here we imagine that once a year we can produce a Big List of Numbers that’ll cover everything our “modern” nation-state will need to deal with for the next 365 days.

We proclaim it Good or Bad for this or that self-interested sector of the community on the basis of a quick glance, a gut reaction, and the need to create a narrative that’ll attract an audience or justify a pre-existing political zealotry.

We pretend to believe numbers like “$20 million over four years” when only a tiny part of that might be committed in the coming financial year and the rest, still to be confirmed in the next Budget, is therefore nothing but wishful thinking.

The reality, of course, is that the world moves faster than this. We experience a sudden global financial crisis, and must immediately tighten our belts by … um … giving away $900 cash to everyone.

In 2010 I complained of More NBN vagueness, border control and cyber-safety re-allocation. It’s not a bad read, but I’ll leave you to click through to that one.

And by 2011 I was clearly over the whole thing, writing Ritual shenanigans, but hey, this is government.

Riddle me this. What is the actual point of the federal budget process and all the lock-up shenanigans that go with it when the biggest bucket of money related to the technology sector by far, that National Broadband Network thing, isn’t even on the books?

What is the point when the way that NBN money is being spent – and is it $26 billion or $36 billion or $43 billion or that $50 billion scare-number that Malcolm Turnbull pulled out of some random orifice and keeps repeating unchallenged? – it is all SEKRIT thanks to those magic words “commercial confidentiality”…

What is the point of this annual ritual – built on the assumption that we can publish a set of numbers in May that will, in this complex and rapidly changing world, still be meaningful six months down the track – when the government has to respond to changing circumstances? Such as urgently building a fibre-to-the-premises network? Or responding to a global financial crisis? Or starting a land war in Asia? Or handing to every taxpayer $900 because, um, oh, shut up stop asking questions and buy a new TV.

I went on about “$20 million in suck-up-to-Tasmania funding” and “Labor’s half-arsed internet ‘filtering’ policy” and “loud-mouthed entrepreneur Ruslan Kogan” and noted:

Just be aware that all of this could be changed in an instant, budget process or not, if a minister gets on a plane with the Ranga-in-Chief with a few numbers scribbled on the back of an envelope.

So, what the fuck will I end up writing once the budget papers drop onto government websites tonight? Especially given that my shoulder is “out” and I won’t be able to get it fixed until tomorrow afternoon — my birthday! — and I’m scoffing codeine? Suggestions please!

Talking the Optus TV Now appeal on ABC Local Radio

In February the Federal Court ruled that Optus TV Now, which recorded free-to-air TV on behalf of customers for more convenient playback later, was legitimate personal timeshifting as allowed under section 111 of the Copyright Act 1968. Yesterday the Full Federal Court overturned that decision.

This case has interesting implications. Originally, Justice Steve Rares said, effectively, that someone using a recorder-in-the cloud was still making a personal copy for domestic purposes. The fact that they’re using a recording device that’s provided as a service rather than sitting on the shelf under their television is irrelevant. The Full Court is saying, effectively, that the cloud provider is complicity in the action, which means it’s no longer personal, and in some cases may even be the sole actor.

This interpretation could have massive implications for providers of other cloud services. Could they be found to be copying data that they’re not entitled to? I’m no lawyer, so don’t ask me. But I can at least see that the law is having to deal with situations that are very different from the circumstances imagined when it was written.

Paragraph 100 of the Full Court’s decisions does say:

We should emphasise that our concerns here have been limited to the particular service provider-subscriber relationship of Optus and its subscribers to the TV Now Service and to the nature and operation of the particular technology used to provide the service in question. We accept that different relationships and differing technologies may well yield different conclusions to the “who makes the copy” question.

Will this decision be appealed? You bet.

Last night I spoke about the decision and its implications with Dom Knight on ABC Local Radio nationally — well, except for the analog transmitters that were broadcasting the cricket. I also spoke about the material I presented yesterday at DigitalMe in Perth.

[Update: I just noticed that there’s a couple of little audio gaps. I was recording off the stream, y’see. I’ll fix them later.]

Personally, I stand by what I said in the opinion piece I wrote for the Sydney Morning Herald in February: Sport has to think outside the box.

If you’re in Perth today, the DigitalFamily event starts at 1000 local time at Northbridge Piazza. It’s free.

The audio is of course ©2012 Australian Broadcasting Corporation, but as usual I’m posting it here as an archive.

Stilgherrian’s advice to a PR student, uhoh

So there was a student who tweeted at me the other night to ask if they could ask me some questions for their marketing and public relations course at some university somewhere and I said yeah sure because I’m like polite and stuff and they emailed me questions and I sent off some answers today and because it took me ages and it was all about the nature of journalism and shit I thought I should share them with you to see what you think.

Here’s what I said, unedited. Well, except for fixing a few obvious mistakes.

Continue reading “Stilgherrian’s advice to a PR student, uhoh”

Talking the #iiTrial decision on ABC 702 Sydney

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.

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 total surveillance at the Sydney Writers’ Festival

I’m speaking at this year’s Sydney Writers’ Festival in a free session on Sunday 20 May called iSpy.

Even before Google controversially demolished the privacy walls between its various products, we were already living in the total surveillance society. With every keystroke we are voluntarily telling companies, governments and heaven knows who else an awful lot about ourselves. Should we be worried about the uses to which this information could be put? Technology writer Stilgherrian discusses the implications of what we share with social media consultant Thomas Tudehope.

I daresay I’ll be covering material like that in my Sydney Morning Herald story You are what you surf, buy or tweet, and the more recent ZDNet Australia story The Facebook experiment, but the conversation will be up to you, the audience.

The theme for SWF this year is “the line between the public and the private”. As artistic director Chip Rolley says in his welcome message:

The question of the limits of what is personal is one of the hottest subjects around.

“Privacy is for paedos,” ex-News of the World journalist Paul McMullan told the UK Leveson Inquiry into the media. Now, via Facebook and Twitter, we voluntarily tell the world things we previously might not have told even our loved ones. Investigative journalists thrive on leaks and finding out what others don’t want us to know. And the state knows few boundaries (personal or political) in its need to prevent another 9/11.

(If you want a high-powered discussion of these issues, Sydney Town Hall discussion on Friday 18 May with former High Court judge Michael Kirby, former director general of MI5-turned-thriller writer Stella Rimington, former CIA interrogator Glenn Carle, media and news blogger Jeff Jarvis and investigative journalist Heather Brooke.)

iSpy is on Sunday 20 May 2012 at 2.30pm at the Bangarra Theatre, Pier 4/5, Hickson Road, Walsh Bay. It’s free, and you don’t need to book — but I’m told that it can sometimes get busy at SWF.

Before that I have speaking engagements on 27 April at DigitalMe in Perth and 11 May at the Saasu Cloud Conference 2012.

Talking NBN rollout on ABC Local Radio

NBNCo announced the three-year rollout plan for Australia’s National Broadband Network today, explaining when (roughly) they’ll lay fibre or make fixed wireless available to 3.5 million out of the country’s 10 million premises.

So far there’s really only just been time for straight reportage from the launch and set-piece criticism from the opposition. It’ll take a few days at least, perhaps even a week, before analysts have done real analysis on who’s getting the network when and whether that’s been decided by politics rather than practicalities.

(Of course one way around that would have been far greater transparency from NBNCo, including putting their raw data and the software they used online for all to see and cross-check. But like that’ll ever happen.)

I daresay I’ll end up writing more about this over coming weeks. Meanwhile here’s an interview I just did on ABC 702 Sydney and ABC Regional Radio around NSW with Dom Knight.

The audio is ©2012 Australian Broadcasting Corporation. But these program items usually aren’t archived on their website so here it is.