Talking major sports’ future on ABC 702 Sydney

If you’d asked me last week what I thought I’d be doing this week, the answer would not have included “writing and talking about the future of the major sporting codes as televisions events”. But I wrote this thing in the newspaper…

Last week federal court judge Justice Steven Rares ruled that Optus’ TV Now service, which allows customers to record free-to-air TV and have it streamed back to their smartphone, tablet or computer at a more convenient time, was a legal form of time-shifting under section 111 of the Copyright Act 1968.

Even if competing telco Telstra had a supposedly-exclusive deal with the Australian Football League (AFL) to stream live video coverage of matches to smartphones. Even if the delay between an Optus customer starting to record a game and playing it back was just two minutes.

Telstra is paying the AFL $153 million over five years for this now-not-so-exclusive streaming right. Optus pays the AFL nothing, because they’re just providing a technical service through which individual customers make their own “solely for private and domestic use” recordings.

Josh Taylor covered it for ZDNet Australia.

The Sydney Morning Herald commissioned me to write an opinion piece that was published this morning, Sport has to think outside the box. Do please read it. It seem to have struck a chord, because I’ve received a lot of compliments.

Then the ABC’s Linda Mottram asked me to chat about the issues on 702 Sydney. And here’s the audio, along with her subsequent chat with a talkback caller on the same topic.

The audio is of course ©2012 Australian Broadcasting Corporation. But these program items usually aren’t archived on their website so here it is. And I will of course suggest that you listen to Linda Mottram’s morning program regularly.

I’m thinking of writing up some of my thoughts on how future sporting coverage could be done technically. Meanwhile, do you feel as I do that the days of cashed-up major sporting codes are about to end?

[Update 8 February 2012, 1015: The Sydney Morning Herald has published a follow-up piece this morning by rugby legend Roy Masters. Court has gambled with codes’ futures. Your challenge, should you choose to accept it, is to draw me a diagram of what the fuck he’s talking about.]

Hey Barry O’Farrell, piss off out of Marrickville

Barry O’Farrell, I’ve got my eye on you. It’s one thing to start sorting out the mess left after a decade and half of NSW Labor government that was incompetent to the point of, I suspect, corruption. I’m sure we can all provide a list of folks whose bank and phone records we’d like to see pulled by ICAC. But that’s very different from threatening with sacking a local government body whose actions happen not to coincide with the interests of your mates in the pro-Israel cheer squad.

Yes, Marrickville Council decided to boycott Israel over that whole Palestine thing. So what? What business is that of yours as NSW Premier? None.

As an individual, I have the right to hold whatever political views I like. Freedom of thought and freedom of political expression are amongst the very few human rights we’ve properly protected here in Australia. Should I decide that some individual, group, business, organisation or nation holds views so repugnant that I’d rather not support them, then it’s my right not to do business with them.

As a proper, legally-constituted, legitimately-elected local government body — as a legal “person” — the Marrickville Council also has that basic legal right to choose who it does business with.

Now as it happens, I reckon Marrickville’s decision wasn’t terribly well thought through. As my colleague Josh Taylor over at ZDNet Australia points out, boycotting everything that comes out of Israel denies you access to the latest computing technology from Intel, amongst other things. The very fact that Marrickville Council didn’t respond to his questions but instead waved him off to a prepared statement at their website proves, in my opinion, that they don’t have the intellectual integrity or moral backbone to discuss and stand by their decision. By all means criticise them for that.

But until very recently I’d spent most of a decade as a citizen of Marrickville. Yes, there’s a certain idealistic leftism suffusing the place, if I may resort to that tediously tired old left-right classification. But from a resident’s perspective they got on with the job of delivering services with far fewer allegations of dodgy behaviour than certain Labor-dominated local councils I could name. Or Liberal-dominated councils, for that matter. Why isn’t your attention focussed on them?

So, Mr O’Farrell, unless you’ve got some prima facie evidence of corruption or misconduct on the part of Marrickville Council, piss off out of it. It’s up to the citizens of Marrickville to decide whether they do or don’t support their Council’s actions, no-one else’s.

You’ve got enough on your plate to be getting on with as it is, Mr O’Farrell. Get on with it.

Data retention by ISPs: your comments?

Tomorrow’s Patch Monday podcast will be about data retention for law enforcement. Specifically, internet service providers (ISPs) retaining the metadata of all your online communications, possibly for years. I’d like your comments.

Here in Australia, it was revealed in June that the Attorney-General’s Department (AGD) had been discussing these issues in secret with ISPs, law enforcement and other government agencies. I covered that in Patch Monday in July, Is Australia’s data retention idea that scary?

Since the AGD activities were revealed, and following the Google Wi-Fi sniffing incident, the Senate Standing Committee on Environment, Communications and the Arts has been running an inquiry into The adequacy of protections for the privacy of Australians online.

On Friday the committee heard evidence, and late in the afternoon the discussions turned to ISP data retention. Delimiter has published a summary, and a story explaining that the Privacy Commissioner won’t talk about those AGD discussions. ZDNet.com.au stories say the Privacy Commissioner is against the idea although Neil Gaughan, Assistant Commissioner of the Australian Federal Police reckon it’s really just the status quo translated to the new medium.

Here’s a recording of Friday’s Senate hearing, starting from when the AGD’s Catherine Smith introduced the topic. She’s Assistant Secretary, in charge of the Telecommunications and Surveillance Law Branch.

This was recorded off the internet, so there are some gaps where the audio stream re-buffered. I have cleaned up the sound but it’s otherwise unedited. I’m compiling a 10- or 15-minute summary for Patch Monday. This is really only for the political tragics — or those who simply can’t wait to hear the persistent questioning by Greens Senator Scott Ludlam.

If you’d like to provide an audio comment on this issue for Patch Monday, Skype to stilgherrian or phone Sydney +61 2 8011 3733 and leave a voicemail. The deadline is 8.30am Monday morning, Sydney time. The podcast is now online, but you cal still leave an audio comment for next week’s episode.

[Photo: SATA beehive data storage, adapted from an original photograph by Konstantinos Koukopoulos, used under a Creative Commons Attribution license. Audio: Many thanks to journalist Josh Taylor for providing the audio recording.]