News Roundup - December 2009

Top Gear tops iPlayer hit list
(LINK)
Apple angling to transform TV?
(LINK)
China moves closer to a smut-free internet
(LINK)
Closeted lesbian sues Netflix for privacy invasion
(LINK)
Vatican awards self 'unique copyright' on Pope
(LINK)
Expert claims file-sharing Bill could give Government control of the internet
(LINK)
Website archives to be fast-tracked
(LINK)
The BBC's digital rights plans will wreak havoc on open source software
(LINK)
Piracy Surcharge Set To Force 40,000 Households Offline
(LINK)
BitTorrent Sites May Be Censored in Italy
(LINK)
UK Lawyers Drop “Non-Viable” File-Sharing Cases
(LINK)
isoHunt Loses US Lawsuit Against Movie Studios
(LINK)
Jamie Cullum Admits to Being an Ethical Music Pirate
(LINK)
Obama Sides With Blind in Copyright-Treaty Debate
(LINK)
It's the end of TV as we know it
(LINK)
Vevo to strip content from YouTube API
(LINK)
Google and MS sued over links to file-sharing site
(LINK)
Almost half of counterfeit buyers progress to real thing, says study
(LINK)
Lobbyist: Canada cans copyright deal in exchange for U.S. dropping Buy America (LINK)
BBC and British Library to take joint approach to building digital archive
(LINK)
Streaming will never stop downloading
(LINK)
Digital Economy Bill: Lords Want To Stamp Out Piracy Chasers
(LINK)
Anti-Piracy Group Wants To Ban You From Talking About Usenet
(LINK)
Pirate Party MEP Proposes ‘Internet Bill of Rights’
(LINK)
Pirate Bay Allowed To Take Bias Claims To Supreme Court
(LINK)
Chinese Authorities Shut Down BitTorrent Sites
(LINK)
Record Labels Face $6 Billion Damages for Pirating Artists
(LINK)
‘Missed Opportunity’ In File Sharing Case? Don’t Believe It
(LINK)
Report: U.S. Fears Public Scrutiny Would Scuttle IP Treaty Talks — Update
(LINK)
Feds Prosecuting More Counterfeiters, IP Pirates
(LINK)
MPAA Teaches How to Detect and Report Bogus DVDs
(LINK)

News Roundup - November 2009

Net disconnection requires involvement of judge, says Commissioner
(LINK)
Law firm interested in hearing from banned Xbox Live gamers
(LINK)
Why do people keep buying CDs?
(LINK)
EU waits for wise men to deliver digi-books plan
(LINK)
YouTube to promote its full-length TV shows with press and bus ads
(LINK)
Anti-Piracy Outfits Demand Cash Without Proof
(LINK)
Mandelson Gets His Own Digital Economy Bill Protest Song
(LINK)
Mininova Deletes All Infringing Torrents and Goes ‘Legal’
(LINK)
AFACT v iiNet: Epic BitTorrent Copyright Case Concludes
(LINK)
30,000 Internet Users to Receive File-Sharing Cash Demands
(LINK)
File-sharer disconnection law published to continuing opposition
(LINK)
Sweden sees music sales soar after crackdown on filesharing
(LINK)
Barack Obama criticises internet censorship at meeting in China
(LINK)
Lady Gaga Earns Slightly More From Spotify Than Piracy
(LINK)
MPAA Says Copyright-Treaty Critics Hate Hollywood
(LINK)
Filesharing laws to hit websites and newsgroups too
(LINK)
Internet: A threat to government or the other way around?
(LINK)
Military Video System Is Like YouTube With Artillery
(LINK)
Google adds automatic captions to YouTube
(LINK)
YouTube is profitable, says YouTube and Google founding investor
(LINK)
Government confirms plan to disconnect alleged file-sharers
(LINK)
Mandelson seeks to amend copyright law in new crackdown on filesharing
(LINK)
YouTube launches UK TV section with more than 60 partners
(LINK)
Is Xbox Live ban the ultimate answer to piracy?
(LINK)
YouTube Direct service to link citizen reporters and news organisations
(LINK)
Pirate Bay Ship Hijackers Let Logo Hostage Go
(LINK)
MC Hammer: STOP… The Music Piracy Crackdown
(LINK)
Leaked Documents Reveal Anti-Piracy Cash Operation
(LINK)
Copyright Czar Vote Heads to Full Senate
(LINK)
Handy Chart Tracks Proposed Amendments to Patriot Act
(LINK)
Judge Sides With RIAA in ‘Sham’ Litigation Class Action
(LINK)
China heralds success of iPhone TV
(LINK)
UK.gov denies innocent will be hit by filesharing regime
(LINK)
Anti-Piracy Group Responds to Media, Not DRM Breaker
(LINK)
Game Developer Promotes Game on Torrent Sites
(LINK)
Copyright Treaty Is Policy Laundering at Its Finest
(LINK)
MPAA Wants Congress to ‘Encourage’ 3 Strikes, Filtering
(LINK)
YouTube tests skippable pre-roll ads
(LINK)

Look Who's Twittering Us Now

It's always nice to see that people out there are paying attention to this fledgling enterprise! Here are some of the people and posts that are attracting attention:

http://twitter.com/moviepiracy/status/4512234751

http://twitter.com/moviepiracy

http://friendfeed.com/davisfreeberg/f0890ad7/internet-television-law-blog-fm-im-not

http://friendfeed.com/davisfreeberg

(FM) Google Books - Satan's Library...

...or How I Learned to Stop Worrying and Love the Internet.

The Google Book Project has been controversial since it first began in October, 2004. My intention with this post, my last guest blawging here, is to give a very brief synopsis of the issues that are causing such consternation and to point out some of the more interesting arguments that are being presented. If it seems that I am in anyway biased towards Google that's because I am, I'd love to work in Google's legal department, and I love it when stuff is free (I have a long held belief that if you're paying for anything online then you're being robbed). Also, in 2007, while I was a student in University College Cork, I authored a paper entitled "Don't Be Evil - The Google 'Book Search' Project". The paper dealt with an examination of Google's "Book Search" Project and whether it would pass a "fair use" copyright test. I was pretty proud of my work, and it was even shortlisted for the prestigious Matheson Ormsby Prentice Undergraduate Prize in Information Technology Law. As a result, I have tried to keep an eye on the Project.

Issue

The primary issue that has everyone talking in recent months is Google's controversial deal to scan and digitize in copyright, but out of print works, including "orphan" works, i.e. works where it is almost impossible to identify the copyright holder(1). This has lead to investigations by the US government over their concern about the possibility of a Google monopoly over "orphan" works, and also generated a great deal of consternation amongst Google's rivals: Amazon, Microsoft and Yahoo.

Arguments

Those against the deal argue that Google will have an inordinate amount of control over an enormous volume of information and that what is needed is strict regulation of this kind of activity(2). While those in favour of the deal are keen to point out that if Google has the resources and the capability to save "orphan" works then it should, even if the motivation is profit(3).

Conclusion

As I stated in the conclusion to my paper, "After all, as George Orwell wrote: “Who controls the past controls the future”, and Google could be said to be going a long way towards this end... Similarly it could be seen as creating the need for more responsibility from corporations such as Google, who are now effectively acting as the stewards of information for the public. But these worries might well be unfounded seeing as Google believes, at least informally, in the phrase: “Don’t be evil”.

Today, I would argue that more regulation is never a good thing (most governments aren't able to use the regulations already in place, let alone cluttering up the law libraries with even more). However, keeping a watchful eye on Google should be encouraged, and when I look at the debate that the deal has created I admit to smiling a little, because if Google does become evil in the future then thanks to the internet everyone is going to know about it.

You can find a copy of my paper HERE

Footnotes

(1) "Orphan" Works, Wikipedia Entry, en.wikipedia.org/wiki/Orphan_works
(2) http://www.theregister.co.uk/2009/08/28/google_book_research_corpus/
(3) http://blogs.zdnet.com/BTL/?p=23506

(FM) Meanwhile, Somewhere Over the Atlantic Ocean...

“The privacy and dignity of our citizens [are] being whittled away by sometimes imperceptible steps. Taken individually, each step may be of little consequence. But when viewed as a whole, there begins to emerge a society quite unlike any we have seen -- a society in which government may intrude into the secret regions of a [person's] life.”(1)

If a police officer were to come to your house and ask to come in and conduct a search without a warrant most people, assured of their rights from watching copious amounts of Law and Order, would flatly refuse and then call their attorney.

The same would go for your workplace or the locked trunk of your car. But what then about your cell phone or your laptop?

Imagine the upset and confusion that must have arisen when Bush came up with this doozy(2). Now your laptop, which for many people is not just a piece of hardware, but is instead a portable office, a diary, a shopping mall and a cinema to name but a few, is no longer a place where you could assume that you had an expectation of privacy. Shocking and disappointing as this was for me (an admitted foreigner) and my perception of the USA's proud tradition of civil liberties, more shocking still was the news that Obama was in favour of the new rules with a few minor adjustments.

If you fly as often as I do, my argument is very simple; I spend a lot of time on my laptop, and I do very many private things on my laptop (check e-mail, search for any random thing that pops into my head) then I should surely have a legitimate expectation of privacy which is not outweighed by issues of national security. Unfortunately, airport authorities need not even have any suspicion of wrongdoing to prompt the search. Granted airports have been traditionally exempt from constitutional protections (SCARY), but it's an interesting thought that even though you are carrying around your entire life, from trade secret business documents to medical records, on your computer, the law does not recognise these important possibilities.

I know many people will cry: "Who cares? It's only an issue if you have something to hide. I don't do anything illegal on my laptop." My reply, as always, is this: who draws the line, and who's to say that what is perfectly legal today won't be illegal tomorrow. As this very policy proves.

Footnote

(1) http://thinkexist.com/quotation/the_privacy_and_dignity_of_our_citizens-are-being/330279.html

(2) Obama upholds Bush laptop search policy - with new safeguards
(LINK)

News Roundup - October 2009

Aussie censor wants power to ban iPhone apps
(LINK)
Music Pirates are Immoral Cheapskates, Or Are They?
(LINK)
Copyright Threats Against Compulsive Singer Withdrawn
(LINK)
Special Interests See ‘Classified’ Copyright Treaty; You Can’t
(LINK)
Universities in hot water over students' peer-to-peer sharing
(LINK)
Warner Says Harry Potter Dinner Infringes Copyright
(LINK)
Culture minister confirms court oversight for UK disconnections
(LINK)
Anti Piracy Laws and Lawsuits Fail to Change Social Norms
(LINK)
Sony CEO Pleads Poverty But The Movie Industry is Loaded
(LINK)
A billion streamed videos per day, $0 in bandwidth costs
(LINK)
TV Boss Set To Drop A File-Sharing Bomb On Digital Britain
(LINK)
MPAA Fires Three Anti Piracy Bosses
(LINK)
Parliamentary Comms Group Says ‘No’ to UK 3-Strikes
(LINK)
Leading UK Cinema Implements MPAA Laptop Ban
(LINK)
70% of British Public Oppose Disconnecting File-Sharers
(LINK)
Apple unbans banned 3G TV app
(LINK)
Pirate Bay appeal slips into next year
(LINK)
BBC Trust boots 'Open iPlayer' plans into touch
(LINK)
EU will consider new copyright exception for book scanning projects
(LINK)
China's new strategy puts intellectual property first
(LINK)
Lily Allen exits Twitter, bins BlackBerry
(LINK)
Home Office backs down on net censorship laws
(LINK)
Motown legend's message for the Pirate Party
(LINK)
Landmark ISP piracy case could kick thousands offline
(LINK)
Judge rebukes copyright enforcer in ringtone case
(LINK)
YouTube signs landmark deal to screen Channel 4 shows
(LINK)
Google takes on Amazon with book downloads
(LINK)
Pirate Bay Takes Bias Claims to Supreme Court
(LINK)
AFACT v iiNet: Day 8 – Anti-Piracy Evidence Lacking
(LINK)
RIAA and MPAA Can’t Stop BitTorrent, Study Finds
(LINK)
Alleged Pirate Walks Free Under New Anti-Piracy Law
(LINK)
Labour MP: Disconnecting File-Sharers is Futile
(LINK)
P2P Site Coalition to Help Indie Filmmakers
(LINK)

(FM) Massive Tools becomes Industry Tools

What is the world coming to? Musicians everywhere are putting down their microphones/lip synching devices and squaring off against one another over the issue of punishing file sharers.

Following talk in Europe of disconnecting persistent file sharers from the internet, several artists, including Annie Lennox and Tom Jones, formed a group known as the Featured Artists Coalition (FAC) and began to publicly oppose the major record labels' desire to punish individuals.(1) A rather brave move you would think and one that should have all major stakeholders (big labels, artists, government and consumers) reassessing their positions. In fact, in an ideal world this could have been the spark that ignited a flame of copyright reform.

Then along came James Blunt, whose soppy music and watery vocals would be enough to put out the Sun, and decided to throw in his two cents.(2) So now the debate has been obscured almost completely by the preening of various pro-Industry singers.

Lily Allen, the popular singer of "The Fear" and "Not Fair", showed her true colors when she piped in with a condemnation of file sharers, by plagiarising someone else's opinion!(3)

Essentially, the arguments on either side can be broken down into: Pro-Industry - every illegal download is equal to a lost sale and must be stopped at all costs because if no one ever paid then there's be no music by your favorite artist to listen to. Anti-Industry - the labels are being stubborn, downloads can do wonders for an artist when it comes to word of mouth publicity and severe punishment by the government of individuals just isn't groovy.

While the music world is divided today I'm sure that they'll all be best of friends again when it comes Christmas time and the world is looking for the next Charity Number One single. Until then, the final word has to go to Dan Bull. Watch the video. Amazing, something I would be willing to pay for online!

Footnotes

(1) http://www.guardian.co.uk/business/2009/sep/21/musicindustry-internetipos

(2) James Blunt: Disconnecting Music Pirates is “Critical”
(LINK)
(3) File-Sharing Heroine Lilly Allen is a Copyright Hypocrite
(LINK)

UPDATE - this post (originally found here) was picked up on Blawg Review #232

(FM) "I'm not Blockbuster Boy"*

I'd like to discuss a news story that particularly annoys me. The story proclaims that Blockbuster is to close as many as 960 of its stores in the US as a means of streamlining their operations. That's up to 960 stores worth of employees that are going to be unemployed.

The reason that I am so irate is that the biggest reason for the closures is bad business management. The board of Blockbuster can't just blame their failures on the lousy economy. Sure they've been hit, but what happened to escapist industries supposedly thriving during a recession. Instead Blockbuster is limping along. The real reason for their poor performance is that they have clung to a traditional business model for too long and only attempted to jump on the bandwagon of new ideas when they had already passed them by.

I am of course talking the rise of internet television, and mail-DVD renting services, i.e. Netflix, DVD vending machines, e.g. Redbox and on Demand cable television services. Numerous other companies providing services that Blockbuster should have been in a prime position to come up with years in advance. How did Blockbuster miss all of these opportunities? Why aren't they coming up with something new/better, not just carbon copying the aformentioned other companies' ideas?

This is indicative of a wider failing of traditional industries to refuse to progress with the times, e.g. the copyright industry's unwillingness to welcome advances in technology. And the results speak for themselves.

Source

Blockbuster to close up to 960 stores

(LINK)

(*Quote from Johnny Depp)

(FM) Piracy - The Who, The How and The Y?

“The average man will bristle if you say his father was dishonest, but he will brag a little if he discovers that his great-grandfather was a pirate.”(1)

For my first post I would like to shed some light on the topic of internet piracy. It is a topic that is surrounded by much controversy and misinformation and so this discussion may prove useful to people who would like to know, just how serious the "problem" of piracy is.

THE WHO

"Pirate" is a very subjective word. For some it conjurs up romantic images of adventure on the open seas, for others it means blood-thirsty criminality. The copyright industry has made very skillful use of the word in applying it to people who download music/film/tv via the internet. However, calling a teenager who sits in front of a computer and clicks on a mouse a pirate is ludicrous when you consider that an accurate definition of a pirate is "A robber on the high seas; one who by open violence takes the property of another on the high seas; especially, one who makes it his business to cruise for robbery or plunder; a freebooter on the seas; also, one who steals in a harbor"(2). The fact is that the whole copyright regime is predicated on using words in non-traditional ways. The word "theft" is another example, defined as "the felonious taking and removing of personal property"(3), and yet the copyright industry insists that theft of copyright needs neither a taking nor a removing (the original digital copy never leaves its server).

Regardless, subverting words is popular amongst lobbyists whose job it is to see that legislation enacted is favorable to their position. The system of government in the USA is designed for this to be the case. However, I would argue that the copyright industry may be going too far in their attempts to protect their rights, to the extent that blatant lies are being told.

One particular example is the recent news (LINK) from the UK that claimed 7 million British people engage in online piracy. A huge number for a country with a population of approximately 60 mllion. After an investigation by the BBC it was discovered that the 7 million figure was arrived at after relying on a previous study carried out on behalf of the British Music Industry, as well as a habit of drastically rounding up statistics. The most troubling aspect of this story is that the report was commissioned by the UK government.

So in answer to the first question, who are the pirates? They are an indeterminate number of people with internet access instead of parrots, but who do probably have scurvy from a lack of fresh fruit.

THE HOW

Internet piracy covers many acts, including but not limited to; downloading songs, downloading movies, downloading tv shows, circumventing DRM measures, uploading copyright material, etc.
As for the how? All you need is a computer, an internet connection and the ability to use a search engine.

On my own blog I give the following example:

"According to Nielsen ratings...the most popular cable television show in America is "The Closer, starring Kyra Sedgwick, with almost 7 million viewers. When you enter the search term 'watch "the closer" online free" in Google you return 963,000 hits. Clicking on some of these links will bring you to websites where full episodes have been posted by other individuals. You can watch these episodes, hosted on websites such as youtube and dailymotion, for free, without commercial breaks and whenever you choose."(4)

THE Y

I am 25 years old and so I have been lumped in with the geoup of people known as Generation Y, AKA the Millenial Generation, Generation Next and, my particular favorite, the Echo Boomers(5).

We are generally computer savvy but are more vulnerable to the present economic downturn (LINK).

Oh, and we're not actually stupid. Although the copyright industry's new approach (LINK) to the prevention of copyright theft would suggest that we had no idea that when you pay full price for an artist's album you are actually supporting them and the music that you love. Gone is the heavy hand of the copyright industry of old, the one that would have you arrested for "facilitating" the theft of copyright material(6), replaced it seems with a "oh you silly misguided fool, can't you see how your actions are hurting the ones you love?"

Of course the copyright industry has once again misrepresented the situation. Most profit is generated from ticket sales to concerts, not the sale of individual cd's (7). The copyright regime is not encouraging the creative talent of artists, instead it is devoted to ensuring massive payouts to the industry that is charged with distributing the final product (intended to recoup a cost that is now largely irrelevant since the internet makes it so much easier and cheaper to distribute digital material).

CONCLUSION

So there you have it. Internet piracy is whatever you want it to be. Provided you are the copyright industry. A true case of might makes right. It's enough to make you say "Aaargh".


Footnotes

(1) http://thinkexist.com/quotation/the_average_man_will_bristle_if_you_say_his/331231.html

(2) http://define.com/pirate

(3) http://define.com/theft

(4) http://internet-televisionlaw.blogspot.com/2009/05/conspiracy-theory.html

(5) http://en.wikipedia.org/wiki/Generation_Y

(6) http://www.zeropaid.com/news/9066/tvlinks_shut_down_owner_arrested/

(7) http://www.techdirt.com/articles/20031107/1134211_F.shtml

Moving Forward Part 2

My time guest blawging on ourforwardmovement.blogspot.com is over and so over the next few weeks I will be reposting my work on this blog (perhaps with some minor updates). You can find them by looking for (FM) in the title.

My thanks go out to Stephanie Soondar for the opportunity, and congratulations to her on a very unique blawg.

Original Posts

http://ourforwardmovement.blogspot.com/2009/09/piracy-who-how-and-y.html
http://ourforwardmovement.blogspot.com/2009/09/im-not-blockbuster-boy.html
http://ourforwardmovement.blogspot.com/2009/09/massive-tools-become-industry-tools.html
http://ourforwardmovement.blogspot.com/2009/10/meanwhile-somewhere-over-atlantic-ocean.html
http://ourforwardmovement.blogspot.com/2009/10/google-books-satans-library.html

A Copyright Czar

If you have a Drug Czar who is charged with overseeing the war on drugs, then does that mean a Copyright Czar will be devoted to waging war on copyright?!

Probably not, but I guess we will find out soon enough if Obama's pick, Victoria A. Espinel, is confirmed by the Senate.

Espinel is a scholar with an impressive pedigree when it comes to intellectual property education and trade.

Read more HERE

One last thing, the Pro-Intellectual Property Act that created the new position also allows for the creation of an elite FBI piracy unit. And, of course Hollywood is excited.

News Roundup - September 2009

Tucker Max: Live Outside The US? Please Pirate My Movie
(LINK)
Lawsuit: Copyright Filtering Technology Infringes
(LINK)
Pirate Bay Buyer Faces Bankruptcy
(LINK)
Brazilian Court Bans P2P Software
(LINK)
New Pirate Bay Host Got Hollywood Threats In 20 Minutes
(LINK)
EU Commission sets up piracy monitor but rejects copyright reform
(LINK)
Swedish ISP to appeal Pirate Bay cut-off verdict
(LINK)
Pirated Teaching Materials Threaten Health of China’s Youth
(LINK)
Music business presents united front on filesharing
(LINK)
Russian prez launches YouTube channel
(LINK)
Software lobby joins calls for filesharer disconneciton (sic)
(LINK)

Thinking Outside the Goggle Box

A recurring theme of this blog is that with the rise of the internet, the increasing availability of high speed connections and the lower cost of digital technology new business models are required to ensure that traditional entertainment companies survive.

To date the approach has been to rely on strengthening and widening the scope of copyright laws. This approach is ineffective and inefficient.

One example of a new business model is the iTunes model. Details of which can be found in the second link below.

Source

TV Everywhere: (Almost) everyone is at least trying it
(LINK)
Analyst: Apple to offer iPhone on U.S. carriers within a year; replace cable with iTunes subscriptions
(LINK)

Moving Forward

Just a brief note to let you know that I will be guest blawging on ourforwardmovement.blogspot.com for the next few weeks so updates to this blog will be sporadic at best.

Thanks to Stephanie Soondar at Forward Movement for the opportunity!

Read my first post HERE

The iPhone Meets File Sharing

It was inevitable that the iPhone would eventually come into contact with the sticky world of file sharing. This instance involved a torrent tracking app which has been rejected by Apple. A similar app will, if it isn't already, be available on the jail-broken iPhone's alternative to the App store, Cydia.

Source

uTorrent iPhone App Rejected by Apple, Goes Underground
(LINK)

Online Video Killed the Movie Star

Unless large rights holders change their business models then they are not going to like where they end up. One such possible end point is discussed below.

Source

Online Video Will Kill the Movies - grainy youtube videos for 38 people
(LINK)

However, some rights holders are waking up and facing the music, changing their business models to adapt to the changing face of technology today.

Source

Hollywood studios offer 'download to own' DivX movies online; Film Fresh the new iTunes?
(LINK)

The Google Books Debate Rages On

As promised here are a few of the latest developments in the ongoing Google Books debate.

1. Librarians are lining up against the project. They are citing problems with conducting research.

Librarians apply scrutiny to Google Books at Berkeley con
(LINK)
Google Book Search - Is it The Last Library?
(LINK)

2. The European Commission discussed how best to digitise works. The biggest difference between their proposal and Google's is that there will be no scanning of in-copyright works.

EU consults on problems of digitising libraries
(LINK)
EU likes Google's book registry idea
(LINK)

3. Meanwhile Germany weighs in with its opinion.

Germany says Google Books violates international law
(LINK)

4. The Anti versus Pro arguments are succinctly laid out in the following articles.

(ANTI) Internet Archive stares down Google book mine
(LINK)
(PRO) A spirited defense of the Google Book Search settlement
(LINK)

[for those who want a truly ANTI view read Amazon's condemnation of the project HERE]

5. Sony has something to add.

Sony lines up with Google over Books deal
(LINK)

6. Google has the last word...for now, reminding us that the "social justice and social utility impact" of its project is being lost in the debate.

Google tries to sidestep criticism of $125m book project
(LINK)

The Internet Television Law Blog Gets a Mention

Exciting news for the blog as it is featured in the current issue of Blawg Review #288, Law is Cool.

The reviewed post in question can be found HERE.

Also, the Internet Television Law Blog is now listed at Blogged, Technorati, and Justia Blawg Search.

What's New With Youtube

Here's an update on all the latest headlines involving Youtube.

1. Youtube has struck a deal with right's holders and music videos return to the UK version of the site. Meanwhile, protests occur in response the the British government's plans to disconnect persistent file sharers.

YouTube UK welcomes back the music
(LINK)
YouTube and PRS make peace as musicians protest about plans to punish file sharers
(LINK)

2. Yet another new business model is in the works, which is a good sign that rights holders might be closer to realising the benefits of embracing new distribution methods.

WSJ: YouTube and movie studios in talks over streaming rentals
(LINK)

Lawrence Lessig on the Remix Culture

Lawrence Lessig is a renowned author and proponent of "copyleft" who has a number of interesting thoughts in the field of copyright law. I highly recommend that you read some of his works, especially as many of his full books are available free online under a creative commons license.

Below is an interview on the popular Comedy Central show, "The Colbert Report", where he discusses his latest book, "Remix".

The Colbert Report	Mon - Thurs 11:30pm / 10:30c
Lawrence Lessig
http://www.colbertnation.com/
Colbert Report Full Episodes Political Humor Health Care Protests

Irish ISP Blocks Pirate Bay

Bad news for Irish file sharers as Eircom, the country's largest ISP, has made good on the terms of its deal with rights holders and blocked access to the Pirate Bay.

This is of concern for two reasons: a) copyright holders clearly have an inordinately large amount of lobbying power that enables them to force an ISP to change its entire way of doing business, and b) ISP content filtering is creeping into Europe.

Source

Eircom Pirate Bay Blockade Takes Effect
(LINK)

Meanwhile, in Australia their ISP filtering regime may be coming to an end.

Source

Aussie firewall nears death
(LINK)

The Television Industry CAN be Saved

According to Ashley Highfield, Microsoft UK's Managing Director of Consumer and Online, the television industry can be rescued if it embraces a few ideas from the internet, most especially "the democratisation of programming".

As a representative of a software company it is of course no surprise that monetisation and copyright protection will have to be central elements to this rescue.

The full report, from the Guardian UK, also says that Highfield is dismissive of Hulu's likelihood of success if they were to attempt to enter the UK market. In a related report, MSN's video player service has proved quite popular in its first days.

Source

Microsoft's Ashley Highfield: 'We must face piracy head on'
(LINK)
Microsoft's MSN Video Player nears 170,000 show views in first 11 days
(LINK)

News Roundup - August 2009

1. Last-Ditch Effort to Scuttle RIAA File Sharing Verdict
(LINK)
2. An open letter to the RIAA: Illegal file sharing problem solved?
(LINK)
3. YouTube Embraces Pre-Roll Video Ads (Updated)
(LINK)
4. Young people will pay for downloads, says trade body's secret data
(LINK)
5. YouTube to share ad money with viral videos
(LINK)
6. Mininova flattened by Dutch court
(LINK)
7. Mandelson web cutoff plan 'potentially illegal'
(LINK)
8. UK caves to Hollywood, orders net cut-off for 'hardcore' downloaders
(LINK)
9. Government details proposed filesharing crackdown
(LINK)
10. UK plan to disconnect file-sharers might be made redundant by ECJ, says expert
(LINK)
11. Sony loses bid to force royalties out of webcaster
(LINK)
12. YouTube injects cash into US F1 team
(LINK)
13. Apple's future TV: Can Web-based apps replace "channels," kill cable?
(LINK)
14. Goldman goes ga-ga for Google, cites YouTube, Europe and display ads
(LINK)
15. Writers who call MPAA or RIAA awful need to look in the mirror
(LINK)
16. Government details how Digital Britain Report will become reality
(LINK)
17. Justice says $1.9 million verdict is constitutional
(LINK)
18. Let me say it again: Stop sharing music!
(LINK)
19. Mandy not swayed by ents mogul on illegal file sharing
(LINK)
20. Courts put DVD ripping on shaky ground
(LINK)
21. Oz gov suggests world's worst copyright protection scheme
(LINK)
22. 'Norfolk Broads Idiot' nailed on YouTube
(LINK)
23. 'iTunes of Documents' focuses on forms, legal docs for online marketplace
(LINK)
24. Court upholds RealDVD injunction; supports outdated laws and Hollywood business model
(LINK)
25. DVD Jon subpoenaed in Apple anti-trust lawsuit
(LINK)
26. SEG Clip USB TV tuner: Watch digital TV on your iPhone, if you live in Japan
(LINK)
27. Downloading content illegally vs. getting away with it
(LINK)
28. Hey, kids! The days of free music are over.
(LINK)

Mobile TV's Loss Could Be Internet TV's Gain

A leading blogger for ZDNet believes that watching live television on your cell phone is unlikely to catch on, for technological reasons and because there really is not much need for it.

Good news for Internet TV however, as he says: "the logical step is to watch television on a computer instead."

Source

Mobile TV: Why it stalled and why it won't take off
(LINK)

The "piratebay" sale, An Update

The Pirate Bay was due to be sold to GGF in the near future, however the sale has been halted by Swedish stock market authorities due to a lack of immediately verifiable funds. Also, a number of Pirate Bay clones are surfacing due to the posting of a torrent file of the website's entire database. As a result, commentators consider the deal dead in the water.

Source

Trading in The Pirate Bay bidder stopped over deal funding
(LINK)

UPDATE - 25 August 2009

A Swedish court threatened the Pirate Bay's main ISP with heavy fines if it does not block access. The ISP complied although the website is expected to be working normally very soon.

Source

Swedish court orders The Pirate Bay shutdown
(LINK)

UPDATE - 26 August 2009

"Don't mess with our torrents" seems to be the message that the Pirate Bay's users deliver when they engage in what has been described as "sabotage" of the ISP that complied with the Swedish court's order.

Source

ISP that cut off Pirate Bay hit hard, site is back online in hours
(LINK)

Google Books

In 2007, while I was a student in University College Cork, I authored a paper entitled "Don't Be Evil - The Google 'Book Search' Project". The paper dealt with an examination of Google's "Book Search" Project and whether it would pass a "fair use" copyright test. I was pretty proud of my work, and it was even shortlisted for the prestigious Matheson Ormsby Prentice Undergraduate Prize in Information Technology Law. As a result, I have tried to keep an eye on the Project and so, even though it may not fit in with the overall theme of this blog, I will from time to time include any updates here.

The first of these updates is the news that Google has struck a deal to scan and digitize in copyright, but out of print works, including "orpan" works, i.e. works where it is almost impossible to identify the copyright holder(1).

The second update is that the US Government is close to scuppering the deal with their concern about the possibility of a Google monopoly over "orphan" works.

The third update is that the French National Library is allowing Google access to its archive, after the library's calls for a European Union online book repository were ignored.

The fourth update is that Google's rivals (Microsoft, Yahoo and Amazon) are also trying to defeat the deal with a view to preventing Google becoming a "book gatekeeper". [Can anyone smell irony?!]

Commentators are divided on the issue, saying on the one hand that if Google has the resources and the capability to save "orphan" works then it should even if the motivation is profit. On the other hand, a monopoly of orphaned works might lead to more difficulties.

As I stated in the conclusion to my paper, "After all, as George Orwell wrote: “Who controls the past controls the future”, and Google could be said to be going a long way towards this end... Similarly it could be seen as creating the need for more responsibility from corporations such as Google, who are now effectively acting as the stewards of information for the public. But these worries might well be unfounded seeing as Google believes, at least informally, in the phrase: “Don’t be evil”.

A copy of my paper can be found HERE.

Footnote

(1) "Orphan" Works, Wikipedia Entry, en.wikipedia.org/wiki/Orphan_works

Source

Can Microsoft, Yahoo and Amazon help scuttle Google's book settlement?
(LINK)
Lawyer files a full-throated attack on Google Books deal
(LINK)
Google annexes Bibliothèque Nationale de France
(LINK)
Just let Google give us the books already!
(LINK)
Justice inquiries into Google Book Deal show it's all but dead
(LINK)

What place does 3D have in Television?

3D movies are gaining in popularity and the upcoming "The Final Destination" is sure to be a seat filler in your local multi-plex. So popular is 3D, that now the television industry is getting in on the action - with television stations intending to have devoted 3D channels in both the UK and the USA. If you can't wait until 2010, when the new channels are to be rolled out, then British viewers can look forward to Channel 4's limited 3D scheduling which is to air this Autumn.

The hardware is in development, the content is on its way, the only thing that remains is to wait and see if this is going to be anything more than a phase. If it is successful then expect online television to move in the same direction.

Source

Channel 4 to go 3D
(LINK)
Sky switches on 3D TV channel in 2010
(LINK)
First 3D TV channel coming to U.S. next year?
(LINK)

The New Copyright Model

The Pirate Bay is apparently up for sale, and if it ends up being purchased by Global Gaming Factory X the new owners intend to implement a new system that will appease copyright holders while still appealing to the Pirate Bay's die hard clientele. In effect it will legalise the Pirate Bay.

The new system will effectively require users to pay a monthly subscription to gain access to licensed content from copyright holders. Alternatively, when infringing content is found copyright holders will have the choice of having the content taken down or receiving an undisclosed sum of money.

A benefit of the new system would be that the quality of files would be assured. Similarly it would allow copyright holders to receive some payment for a practice that will continue with or without the Pirate Bay.

Watch this space.

Source

GGF plans to steer The Pirate Bay freeloaders straight
(LINK)

Britain Renews the Fight against Sites that Link

In previous years, tv-links and Oink have been shut down and their respective owners arrested, although the former was never made stand trial. Now another site that links to allegedly infringing content, including television shows, has been shut down.

Filesoup began in 2003 and up until its closure acted as a forum where users could post links to various files.

This is another victory for copyright holders, as represented by the group, known in Britain as FACT. However, the law in Britain regarding sites that link is underdeveloped and so it will be worth waiting to see whether official charges will eventually be made or not.

Source

British man arrested for role in running FileSoup file sharing website
(LINK)

Youtube/Hulu's New Direction?

According to businessinsider.com well known content providers may be moving towards an agreement that would see full-length movies being put on sites like Youtube/Hulu, supported by online ads. Although the article (below) suggests this move will lead to a stand-off between online video sites and more established cable companies, it may be more likely that the market will take care of itself, as has been the case for television shows (see Hulu's success).

Source

Here Comes The YouTube-Hulu-Cable Collision Course
(LINK)

UPDATE - 20 August 2009

Time Warner and Youtube have signed a formal online video distribution deal. More details below.

Source

Time Warner, YouTube ink distribution pact
(LINK)

Digital Music is on the Rise - Will the same hold true for Digital TV?

Recent reports show a healthy growth in market share for online sales of music. The television industry and other copyright holders should pay attention to this fact when deciding on new business models for the distribution of their video content. The times they are a-changin', best keep that in mind.

Source

iTunes swallowed a quarter of US music sales
(LINK)
Good riddance: Digital music sales to surpass CDs in 2010?
(LINK)

Is Online TV Better for the Environment?

A joint Microsoft/Intel effort to investigate the effects of information technology on energy and the environment has found that it is more environmentally friendly to download music via the internet through a service like iTunes.

Comparisons may be drawn with the way people view television i.e. it is more eco-friendly to watch the first season of Lost on iTunes than to purchase the physical DVD box set.

The report is examined more closely in the article below, and the other articles in the series can be found HERE.

Source

Eco-ears: Why downloading your music from the Internet is inherently more green
(LINK)

The Pirate Party has Begun and Everyone's Invited!

In a previous post (LINK) I mentioned that the Swedish Pirate Party had recently won a seat in the European Parliament. Well apparently that was the tip of a very large pro-piracy iceberg as there is a large and well supported international community of Pirates out there. According to Wikipedia, the Pirate Party is organised in around 33 countries, and the most recent news is that the UK chapter of the organisation is gaining members at a very fast pace.

So a political movement has begun that is sure to alter the way that copyright laws develop in the future. I'm sure that revolutionaries throughout the world are very proud. I know I am.

Source

100 freetards an hour join Pirate Party UK
(LINK)
Wikipedia Entry - Pirate Party
(LINK)

UPDATE - 25 August 2009

Be warned. The Pirate Party UK is going after the youth vote. The question is will that be good enough. Perhaps piracy will prove to be an exciting enough concept to lure usually apathetic youngsters out from behind their computers and into a polling booth. Or maybe they will just be allowed to vote from their PC.

Source

Pro-filesharing political group targets youth vote at next election
(LINK)

Green Dam Update

The Chinese government has decided to amend its approach to Green Dam. Now the software is only compulsory for school computers and those that are in public places, i.e. internet cafes. The reason for the climb down seems to be a combination of security issues with the software, and protests linked to certain censored websites.

China scales back censorship plans
(LINK)
China Scales Back Software Filter Plan
(LINK)
China explodes Green Dam
(LINK)

Some Relevant Academic Writings - July 2009

1. "Clash of the Titans: Does Internet Use Reduce Television Viewing?"
by Stan J. Liebowitz and Alejandro Zentner
July 29, 2009
(LINK)
2. "Invoking and Avoiding the First Amendment: How Internet Service Providers Leverage Their Status as Both Content Creators and Neutral Conduits"
by Rob Friedan
June 1, 2009
(LINK)
3. "Uneasy Lies the Head that Wears the Crown: Why Content’s Kingdom is Slipping Away"
by Jonathan Handel
Vanderbilt Journal of Entertainment and Technology Law, Vol. 11, No. 3, pp. 597-636, 2009
(LINK)
4. "The Death of TV (As We Know It"
by D. Yvette Wohn
Jan 12, 2009
(LINK)
5. "Converting Pirates Without Cannibalizing Purchasers: The Impact of Digital Distribution on Physical Sales and Internet Piracy"
by Danaher, Brett, Dhanasobhon, Samita, Smith, Michael D. and Telang, Rahul
April 14, 2009
(LINK)
6. "Solutions to P2P Copyright Crisis in Hong Kong"
by Lin Xie
March 12, 2009
(LINK)

News Roundup - July 2009

1. Sir Bonar Neville-Kingdom on the 'Three Pillars of Digital Britain'
(LINK)
2. Judge puts kibosh on YouTube copyright damages dogpile
(LINK)
3. Green Tech gets video home online
(LINK)

Green Dam

“If you dam a river it stagnates. Running water is beautiful water. So be a channel.”
(English Proverb)

Green Dam Youth Escort is software implemented by the Chinese Government to effectively censor the internet, especially aimed at curbing online pornography and violence. The software is to be included on all new computers sold in mainland China. Aside from the obvious issues about internet censorship, it is interesting to note that the potential scope of such software could be widened to cover the protection of copyright materials. As such, content producers may wish to pay close attention to the success/failure of Green Dam.

To learn more, follow the links below:

China's Green Dam and the cyberwar implications
(LINK)
China's porn obsession not just a coverup for political repression
(LINK)
Who is attacking Solid Oak, whose code was stolen for Green Dam?
(LINK)
US calls for China to revoke censorware plan
(LINK)
China throttles Google, U.S. ratchets up trade war over Green Dam
(LINK)
On eve of Tianamen anniversary, China blocks Twitter, Flickr, Bing
(LINK)
China demands new PCs carry spyware
(LINK)
China defends 'healthy development' of spyware
(LINK)
Green Dam definitively blocks political sites - and creates security breach
(LINK)
US developer: China's Green Dam steals our code
(LINK)
Green Dam built on copyright, open source violations
(LINK)
Anonymous netizens offer a July 1 manifesto, posters
(LINK)
US Embassy joins in the Green Dam fray
(LINK)
China's not backing down but Green Dam Girl fights back
(LINK)

Will the Future of Internet TV Require a Credit Card?

As a regular user of the internet I have long been a fan of all the free content available. From video clips, to podcasts and news. In fact, my motto is usually "if you are paying for something online then you aren't searching hard enough" Apparently this will all change in the future though. You can read why below.

Source

The cure for YouTube's ills: Charge for uploads
(LINK)
The state of Internet TV: Consumers may pay for content; Aggregators win
(LINK)
Barry Diller: The Internet 'Absolutely' Will Become a 'Paid System'. Time Projection: Within 5 Years
(LINK)
The Cost of the Free Internet
(LINK)

News Roundup - June 2009

1. Copyfraud: Poisoning the public domain
(LINK)
2. Google's real YouTube strategy
(LINK)
3. ISPs vs BBC iPlayer: Missing the point?
(LINK)
4. Great Australian Firewall to censor online games
(LINK)
5. Firms must go to court to stop all counterfeit hauls
(LINK)
6. YouTube reports exponential growth; issues viral video challenge
(LINK)
7. TV's future: the partnerships are forming now
(LINK)
8. YouTube XL: Designed for viewing on HDTVs
(LINK)
9. Gov. to pirates: we'll slow you down, not cut you off
(LINK)
10. Napster and the "The more things change" rule
(LINK)
11. DRM licensing group plan to plug analog hole
(LINK)
12. New Thomas trial opens with advantage to RIAA
(LINK)
13. Virgin mulls suspensions of file sharers
(LINK)
14. ISP spying begins in UK, as Universal, Virgin ink a deal
(LINK)
15. Rapidshare stung with €24m fine
(LINK)
16. Boxee launches on Windows; new apps from CurrentTV, Digg, MLB.tv
(LINK)
17. Qik rolls out live video streaming for Google Android
(LINK)
18. The media is dead. Long live the media
(LINK)
19. Having forced one Irish ISP to adopt three strikes rules, labels sue to force others to match policy
(LINK)
20. 'Insane' $1.9 million verdict could prove RIAA's downfall
(LINK)
21. RIAA's $1.92 million victory: more about message, less about money
(LINK)
22. Wow! Jury verdict in Capitol v Thomas-Rasset: $2 million
(LINK)
23. Data and software both want to be shared
(LINK)