radio – Page 41 – Stilgherrian

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 (Duration: 22:54 — 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 (Duration: 17:34 — 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.

17 April 2012

Weekly Wrap 97: Facebook, Instagram and emergency duck

My usual weekly summary of what I’ve been doing elsewhere on the internets. This post covers the week from Monday 9 to Sunday 15 April 2012 — another short week in terms of writing and media production, thanks to the 4-day work week after Easter.

There’s no photo this week because I lost my camera — though it has since been found in the Blue Mountains taxi where I dropped it. I’ll be collecting it on Sunday, probably.

There was also quite a bit of disruption thanks to the need to perform some emergency geekery. I may or may not write about that another time.

Podcasts

Patch Monday episode 133, “OS X botnet: disaster or speed bump?”. A chat about the Flashback botnet with Chris Gatford, director of penetration testing firm Hacklabs, and applications architect Benno Rice.

Articles

Facebook buys Instagram’s buzz in lead-up to share float, Crikey, 10 April 2012.

Media Appearances

On Friday I talked about Instagram and Facebook on ABC Radio National’s Media Report.

Corporate Largesse

None.

The Week Ahead

I’m in Sydney all this week too, before returning to Wentworth Falls on Sunday afternoon. My main task is to complete a feature story for ZDNet Australia and an opinion piece for CSO Online. I’m also attending two launch events for new “smart TVs”, one for Samsung and one for LG. And apart from that I’ll be attempting to avoid the seasonal affective disorder that usually strikes at this time of the year.

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.

16 April 2012

Talking Instagram and Facebook on ABC Media Report

The biggest media story last week was the billion-dollar purchase of photo-sharing service Instagram by Facebook — and I ended up talking about it on ABC Radio National’s Media Report on Friday.

If you’d like to explore further than my comments to presenter Richard Aedy, you might like the Wired analysis of the numbers compared with other internet startup buyouts, Paul Wallbank’s refutation of that analysis, and a witty piece in NYMag — as well as my own piece for Crikey.

Podcast: Play in new window | Download (Duration: 10:18 — 4.3MB)

29 March 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.

Podcast: Play in new window | Download (Duration: 12:52 — 8.3MB)

25 March 2012

Weekly Wrap 94: Identity, privacy, fog and a lyrebird

My usual weekly summary of what I’ve been doing elsewhere on the internets. This post covers the week from Monday 19 to Sunday 25 March 2012.