copyright – Page 6 – Stilgherrian

04 September 201205 September 2012

Talking Apple versus Samsung on Balls Radio, FM 99.3

The billion-dollar legal penalty that a US court imposed on Samsung for allegedly copying Apple was the topic for my spot on Phil Dobbie’s Balls Radio on 28 August 2012.

Here’s the audio of my segment. If you’d like more, Mr Dobbie has posted the full episode.

Podcast: Play in new window | Download (Duration: 14:38 — 6.6MB)

You can of course hear us talk live every Tuesday night from 7pm AEST on Sydney’s FM 99.3 Northside Radio.

I’m fairly sure that copyright remains with Mr Dobbie rather than being transferred to Northside Radio, but I’ll figure that out later.

29 April 201229 April 2012

Weekly Wrap 99: Perth, privacy and poor photographs

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

Blockbuster trial for a movie and TV industry in decline, ABC Drum Opinion, 23 April 2012.
Security concerns over Australia’s e-health records, CSO Online, 23 April 2012.

Media Appearances

On Wednesday I was interviewed about the cash for tweets demi-scandal by Adelaide newspaper The Advertiser and their website AdelaideNow. The cash for what? Well, ABC TV’s Media Watch covered it on Monday night. Basically the South Australian Department of Tourism paid “celebrities” $750 to tweet about Kangaroo Island — but the tweets weren’t disclosed as advertising.
On Thursday I was interviewed by SBS News for the story Wi-Fi networks ‘too hackable’. Quotes from this article appeared in Your WiFi Used In Their Crimes at smarthouse.com.au, where I was billed as a “tech blogger”.
On Friday I presented at the DigitalMe event in Perth. I’ll link to the video as soon as that’s posted. Meanwhile here’s Sara Culverhouse’s summary.
Also on Friday I was interviewed on ABC 720 Perth about that DigitalMe presentation. Thanks to Perth’s endemic taxi shortage I ended up walking briskly to the ABC studios — but not briskly enough. I did the interview via phone from the street. That meant I couldn’t record it.
And still on Friday I spoke about the Optus TV Now appeal on ABC Local Radio sort-of-nationally with Dom Knight, as well as some of the stuff I covered at DigitalMe.

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.

28 April 201228 April 2012

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.

Podcast: Play in new window | Download (9.9MB)

[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.

20 April 201220 April 2012

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.

Podcast: Play in new window | Download (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.

19 February 201226 February 2012

Weekly Wrap 89: Storms and too many podcasts

My usual weekly summary of what I’ve been doing elsewhere on the internets. This post covers the week from Monday 13 to Sunday 19 February 2012.

I never did get around to writing that more reflective blog post, but you’ll cope. There’s enough here for you to be reading and listening to.

Podcasts

Patch Monday episode 125, “Blackhole: cybercrime toolkit of choice”. Jason Pearse, M86 Security Labs’ sales engineering director for the Asia-Pacific region, explains why Blackhole is so “good” and debunks some information security myths.
The 9pm Edict episode 18, which covers the NSW police lecturing parents and things.
The 9pm Edict episode 19, which covers idiot reportage of the Kevin Rudd swearing video and proposes a fix for the Canberra press gallery.

Articles

Blocking all .info domains is “censorship”: The Greens, CSO Online, 14 February 2012.
Mobile security a “game-changer” for Aussie telcos: Analyst, CSO Online, 17 February 2012.

Media Appearances

On Tuesday I was quoted in Harrison Polites’ Technology Spectator piece Five critical hacking myths.
On Wednesday night I spoke about copyright vs the internet on ABC Local Radio nationally.
On Saturday afternoon I spoke about Apple’s iMessage and Path’s privacy outrage on Sydney radio 2UE.

Corporate Largesse

On Thursday I attended analyst firm Frost & Sullivan’s “ICT Outlook Press Lunch” at the InterContinental Hotel in Sydney. Sandwiches and salads and cheese and cake were served. However the waiter never did bring the proffered coffee and had to get my own at the end of the event.

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: Fleeting mists. I know I linked to the picture last week, but I do love it. Such magnificent sights make up for the hassle of the storms.]

[Update 26 February 2012: Added an entry for the Harrison Polites story to Media Appearances section.]

16 February 2012

Talking copyright vs the internet on ABC Local Radio

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.

Podcast: Play in new window | Download (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?