law – Page 15 – Stilgherrian

05 June 201305 June 2013

Weekly Wrap 156: An excess of Sydney, with smog

My week Monday 27 May to Sunday 2 June 2013 was rather different from how I first imagined it.

I ended up spending much of it in Sydney, covering the CeBit Cyber Security conference and recording all manner of conversations — the results of the latter to appear over the coming weeks.

Articles

Security goes military at CeBIT, iTnews, 30 May 2013.
Australia, your lack of cyber transparency disturbs me, ZDNet Australia, 31 May 2013.

Media Appearances

On Tuesday morning I spoke about the National Broadband Network (NBN) on Radio Adelaide’s breakfast program.
On Tuesday evening I spoke about the alleged Chinese hack of ASIO on the BBC World Service program World Have Your Say.

Corporate Largesse

On Tuesday I covered the CeBit Cyber Security conference, so as usual with such things there was food and drink.
On Wednesday I had lunch at the Customs House Bar with some folks from Sourcefire, and they paid.
On Wednesday night I was a guest of Kaspersky Lab at their dinner with Eugene Kaspersky at Aqua at Milsons Point. There was fine food and drink, a water taxi there and a Cabcharge voucher for the ride back.

The Week Ahead

Since it’s already quite late on Wednesday afternoon, all I’ll say is that I plan to head down to Sydney tomorrow, Thursday, for an interview recording — at least once I’ve got my ZDNet Australia column out of the way — and what happens for the rest of the week and the annoyingly-positioned long weekend will then depend upon circumstances.

And that’s not all I’m annoyed about.

[Photo: Night falls over Sydney, looking towards the CBD from Camperdown on 29 May 2013.]

14 January 201326 August 2020

Death of a Freedom Fighter, a writing challenge

This photograph by Buzz Andersen has been haunting me for the last hour. It’s Aaron Swartz, seen at the first Creative Commons Salon in 2006. And over the weekend we heard news that Swartz is now dead, aged just 26, from an apparent suicide.

My challenge for today is writing something about the meaning of this bold and bright young man’s life and death. Something new to add to the whirlpool of words that has been devouring the internet from its geekier nether regions all the way to the mainstream press.

This is why, despite my expressed intention to write more last night about my slowly-evolving plans for 2013, I wrote no such thing. Having slept on it, though, I have an answer to both problems.

Continue reading “Death of a Freedom Fighter, a writing challenge”

23 December 2012

Talking Instagram on ABC 666 Canberra

By the time I got to doing my third radio spot about the Instagram saga, the issues were clear in my mind and I had a few well-rehearsed sound bites. So my final spot on ABC 666 Canberra was smooth.

I don’t think I need to provide any more background. My conversation with Louise Maher stands for itself, I think. We didn’t speak for as long as we’d originally intended, but they also had to update their listeners on the progress of some bushfires and that does have priority.

Podcast: Play in new window | Download (3.0MB)

At some point in the next few days I’ll post further thoughts about this Instagram incident. Stay tuned.

23 December 2012

Talking Instagram on ABC Radio’s “PM”

With ABC Radio National Breakfast out of the way, I settled down to write my Crikey story about the Instagram saga.

By that stage my understanding of the story had evolved.

I was becoming increasingly cranky with so many people, including many who should know better, pushing the “Instagram wants to sell your photos” line. Failing to distinguish between selling a license to use a photo in various ways and selling the ownership of the photo itself was a massive failure. The difference is as clear at that between selling a house and renting it out to a tenant.

There was also a clarification from Instagram, making it clear that they weren’t seeking such ownership, admitting that they really hadn’t figured out precisely what it was they wanted to do with users’ photos, and agreeing that the language was open to misinterpretation.

I incorporated this into my Crikey piece, which was given the headline: Users snap over Instagram, but should have seen it coming.

In hindsight, and had I know this was to be the headline, I wouldn’t have been so blunt in my final paragraph.

The core lesson here is that services like Instagram aren’t free. You pay for them by licensing the operator to use your content and other data in various ways. If you don’t like that, well, pay for your goddam internet hosting yourself.

All I meant by this was that internet hosting is pretty cheap these days, and there’s plenty of low-cost providers to choose from. It’s not as if Instagram is a public service that owes you anything.

In any event, I filed the Crikey story before midday as usual. It seemed to me that Instagram was responding appropriately, and I’d always thought they were at the responsible end of social networking. My thoughts were now moving to the future. Would Instagram be able to prove they were worth their billion-dollar price tag? How would they behave if they didn’t start generating revenue?

But on the way to a lunch in the Sydney CBD, I ended up discussing the issue with a journalist for ABC TV’s 7.30 and a producer with ABC 666 Canberra. It was becoming clear to me that for most people in the media this was a brand new issue. Further media spots were being organised.

The next to be recorded, though not the next to go to air, was with ABC Radio’s national current affairs program PM. What pleases me about this piece, I think, is that the “tape ID” — the bit at the front of a recording where you identify who you are so there’s no confusion later — was included as part of the story. Because I used the word “arsehattery”.

Podcast: Play in new window | Download (2.2MB)

This audio is Â©2012 Australian Broadcasting Corporation, and is an unedited copy of the original audio posted on their website. There’s a transcript over there too, where they spell arsehattery “ass-hattery”. The journalist was Will Ockenden.

23 December 201223 December 2012

Talking Instagram on ABC Radio National Breakfast

Wednesday was a strange day for me this week, unexpectedly dominated as it was by the public outcry over photo sharing service Instagram changing its terms of use to make it explicit that people’s photographs could be used for promotional purposes.

This is the first of a series of posts that document the media that I was involved with that day — eventually three radio spots and a story for Crikey, plus discussions with a journalist at ABC TV’s 7.30 for a story that ended up not happening — as well as the evolution of my own thoughts on the topic.

I’d gotten up early that morning to work on a Crikey story about the risks of big data, so I was already in media mode when I saw the tweets starting to flood out.

Instagram was claiming the right to sell your photos, they claimed — which I found most unlikely because they can’t sell what they don’t own, and social networks have long since given up trying to claim ownership over their users’ content. At least the ones that intend lasting more than a week online.

Sure enough, I looked at Instagram’s proposed new terms of use, and they actually made it quite explicit that they were not doing that. As I expected, they were seeking the right to use photographs in connection with promotions of unspecified nature — though they’d stated the fact that you wouldn’t be paid for this rather baldly.

To help us deliver interesting paid or sponsored content or promotions, you agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you.

Moreover, it looked to me like Instagram’s existing terms of use already gave them this right, though the wording was vague.

… you hereby agree that Instagram may place such advertising and promotions on the Instagram Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

In retrospect, I think both are worded rather vaguely, with a phrase like “in connection with” being able to cover a multitude of sins. But “without any compensation to you” is clear enough, and that obviously triggered the fears.

But Instagram’s actions weren’t unusual, they weren’t claiming ownership of your photos, and there was no need to panic — and that’s what I tried to stress in this first media spot, a chat with John Doyle on ABC Radio National Breakfast at around 0840 AEDT.

Podcast: Play in new window | Download (3.7MB)

02 November 2012

Talking Google’s defamation loss on Balls Radio

Milorad “Michael” Trkulja’s defamation case against Google was also the topic for my regular spot on Phil Dobbie’s Balls Radio this week.

Here’s the audio of my segment — Skype drop-outs and all — in which we go well beyond defamation law and Google’s reliance on the defence of “innocent defamation” and the argument put in my Crikey piece about needing a third category of “speech”, to talk about a lack of vowels and discovering that the missing $50 was actually spent on vodka.

There’s also references to Mark Pesce, Senator Stephen Conroy and Naomi Robson, as well as our impromptu plan to replace the justice system with a TV program that’s a cross between The X Factor and Judge Judy.

Podcast: Play in new window | Download (Duration: 13:51 — 6.1MB)

If you’d like more Balls Radio, have a listen to the full episode. You can subscribe over at the website.