Corante

About this Author
Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
Copyfight
LawMeme

Listen to the weekly audio edition on IT Conversations:
The Importance Of ... Law and IT.

Feel free to contact me about articles, websites and etc. you think I may find of interest. I'm also available for consulting work and speaking engagements. Email: ernest.miller 8T gmail.com

Amazon Honor System Click Here to Pay Learn More

The Importance of...

Monthly Archives

March 31, 2004

An Unenthusiastic Response to the Canadian Filesharing Decision

Email This Entry

Posted by Ernest Miller

Co-Copyfighter and EFF attorney Wendy Seltzer has triumphantly written up the recent decision in the Canadian Recording Industry Association's (CRIA's) demand for filesharers names (Time to Move to Canada). Read the decision: BMG v. Jane Doe [PDF]. Furdlog has a roundup of news articles on the decision (Just In From Canada). Slashdot commentary here: Music Industry Loses In Canadian Downloading Case.

The CRIA really got hit hard in the decision. The judge in the decision slapped them down on nearly every level:

On the basis of the foregoing, it is obvious that in my mind the plaintiffs have not:

- made out a prima facie case (their affidavit evidence is deficient, they have not made a causal link between P2P pseudonyms and IP addresses and they have not made out a prima facie case of infringement);
- established that the ISPs are the only practical source for the identity of the P2P pseudonyms; and
- established that the public interest for disclosure outweighs the privacy concerns in light of the age of the data.

A lot of the prima facie case problems (such as the affidavit evidence and linking P2P pseudonyms with IP addresses) was due to poor lawyering on the CRIA's behalf and can be remedied when a similar case is submitted. The second question about ISPs being the only practical source will also be rather easily established (unless the filesharing networks want to set themselves up for secondary liability in the US). The third question will mean the CRIA will have to move faster from the gathering evidence stage to launching lawsuits. How much faster is not quite clear.

The more significant aspects of the decision, the ones that Seltzer points out and celebrates are:

  • Downloading a song for personal use does not amount to infringement
  • Placing personal copies into a shared directory is not "distributing" or "authorizing the reproduction" of sound recordings
  • There was no evidence of knowledge, necessary to secondary infringement liability

I'm afraid that I cannot share her enthusiasm.

The first point, about downloading being legal for personal use is a creature of Canadian law.

The second point is actually rather dangerous if interpreted broadly, that is, if you believe in the continued value of copyright law on the internet. The judge held that:

No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings. They merely placed personal copies into their shared directories which were accessible by other computer user via a P2P service.
As far as authorization is concerned, the case of CCH Canada Ltd v. Law Society of Canada, 2004 SCC 13, established that setting up the facilities that allow copying does not amount to authorizing infringement.

The basic conceit here is that making a copyrighted work "available" through a shared directory is not the same thing as authorizing reproduction of the work and is not infringement. Furthermore, even if people actually copy files from the directory, the person making them available still isn't guilty of authorization of reproduction. The judge continues:

I cannot see a real difference between a library that places a photocopy machine in a room full of copyrighted material and a computer user that places a personal copy on a shared directory linked to a P2P service. In either case the preconditions to copying and infringement are set up but the element of authorization is missing.

My first thought is that this is bad news for photocopy machines in Canadian libraries. If this ruling holds up and the Canadian legislature has to remedy the situation, I wonder whether photocopy machines in libraries will be exempted from the law as judges can't seem to distinguish them from P2P filesharing.

I'm not sure it matters given the library analogy, but I'm not really sure about specific facts regarding the software; does guilt here turn on the defaults of the P2P filesharing software? If the default is not to share, but the user enables sharing, is that "authorization"? If the default is to share, would that not constitute "authorization"?

The judge next addresses the question of distribution itself:

The mere fact of placing a copy on a shared directory in a computer where that copy can be accessed via a P2P service does not amount to distribution. Before it constitutes distribution, there must be a positive act by the owner of the shared directory, such as sending out the copies or advertising that they are available for copying. No such evidence was presented by the plaintiffs in this case. They merely presented evidence that the alleged infringers made copies available on their shared drives.

Hmmmm ... well, then how did the plaintiffs find out about the files? Did they just randomly start polling IP addresses?

If this paragraph is read narrowly, then there is the possibility that using software like KaZaA will meet the requisite "advertising that [the infringing files] are available for copying." For example, such software frequently lets "super peers" know what is on the users drive and even answering search queries is a form of advertising. If this paragraph is read broadly, on the other hand, then there is no real digital copyright on the internet in Canada. Under a broad reading, people using P2P software cannot be found guilty of copyright infringement for making any commercially available digital file available via P2P software as long as they don't do anything else.

The logic of the judge's decision does not apply solely to music, but to any copyrighted file. Software, film, video, everything that can be digitized is fair game. Is this the right solution? Now, the CRIA obviously did a terrible job putting together their case. But if the court basically ruled that they can't put together any case for a large number of filesharers, copyright is in serious trouble. Does Seltzer prefer a broad or narrow reading of this decision?

Comments (0) + TrackBacks (0) | Category: File Sharing

Alternative Compensation Systems and the Nielsens

Email This Entry

Posted by Ernest Miller

According to the New York Times (reg. req.), Nielsen Media (the television ratings company) is under fire from minority groups because planned changes in its rating measurements will allegedly undercount minority viewers (Planned Nielsen Changes Criticized):

THE N.A.A.C.P. and leading members of Congress from both parties, including Senator Hillary Rodham Clinton, have added their voices to the growing number complaining that the proposed changes in how Nielsen gathers local television ratings will drastically undercount the number of black and Hispanic viewers.

The reasons for this alleged undercount are unknown.

This not the first time that the Nielsen's have been criticized for undercounting minority audiences, in fact it has been a consistent theme for a number of years. Of course, Nielsen is a private corporation, and no one can force Nielsen to use particular means and methods of measurement. Prominent politicians like Clinton and the head of the NAACP can complain and try to influence Nielsen, but there is not much they can do legally. Nielsen isn't perfect, but it is a business and must respond to business pressures. The broadcasters and cable channels that purchase Nielsen ratings are also businesses that must be responsive to the public.

So what happens in a government-mandated alternative compensation system that includes ratings? Often, these systems claim that they will reward artists based on some sort of Nielsen-like rating system. Will Nielsen still be independent then? Will Clinton, rather than simply complain, pass laws telling Nielsen how it will count the audience for particular works? If a large percentage of artist compensation is coming through a government-mandated system, will that system be able to remain independent of politics?

Would you want the FCC in charge of determing size of audience?

via boingboing

Comments (0) + TrackBacks (0) | Category: File Sharing

Vignettes of Modern Life

Email This Entry

Posted by Ernest Miller

Lucas Gonze observed something I thought an exemplar of modern life (March 31, 2004):

I was walking the dog and I heard a cellphone over my head. It turned out to be a bird.

Comments (0) + TrackBacks (0) | Category: Oddities

March 29, 2004

RSS+BitTorrent in Action - Broadcatching Examples & Roundup

Email This Entry

Posted by Ernest Miller

Andrew Grumet reports that broadcatching actually picked up some interesting and unexpected content (March 26, 2004):

When I logged in this morning there was a BitTorrent window open and a copy of Free Culture on my hard drive. Simon put this Creatively Licensed work on LegalTorrents, and the Radio plugin did the rest. What a pleasant surprise! [links in original]

Speaking of LegalTorrents, Grumet also notes that they now have "a music feed, a books feed and a movies feed" (March 28, 2004).

The Blogdigger Development Blog has some interesting updates on their integration of broadcatching. One obvious problem is that promiscuous use of broadcatching can lead to your system trying to download more media than makes sense (Radio and BitTorrent):

So for the second moring in a row, I logged on to my computer and noticed things were a tad sluggish. The culprit: the collection of around 25 BitTorrent sessions that had been initiated from subscribing to the Blogdigger torrents.xml feed! I killed most of the sessions, as they were for things that I was not interested in, but I did keep a few running (like the latest episode of Scrubs!).

Blogdigger is also putting together feeds for different media, including their existing feed for torrents (Blogdigger Media!). As Chris Pirillo says, "All your torrents are belong to us."

Adam Curry notes that it would be great to get the audio version of Larry Lessig's new book, Free Culture, downloaded a chapter every morning (free culture audio boook). More interestingly, Curry points out how, since each chapter of the book is being read by different bloggers, RSS makes a lot of sense for aggregating the spacially diffuse files. He also points to his early writing on the topic of RSS+BitTorrent, RSS: A Cool Web Service, near the bottom of the post.

Digiwar considers some new uses for RSS, including broadcatching (RSS, more then headlines). One cool use of RSS he mentions is a concert notification system, which lets you know when a concert is announced and reminds 30 and 2 days before the concert. Why not add a broadcatching that sends you a copy of the concert the next day or so?

KnowProSE, doesn't have much to say, but his brief comment is an interesting take on the appeal of BitTorrent (All you wanted to know about BitTorrent and were afraid to ask).

As an old school IRCer, I stayed away from Napster, Kazaa and all those other things. But Bittorrent with RSS has a lot of potential, especially for expanding on existing uses.

Comments (2) + TrackBacks (0) | Category: Broadcatching/Podcasting | File Sharing | RSS

PIRATE Act - Wiretaps for Civil Copyright Infringement?

Email This Entry

Posted by Ernest Miller

I've discussed the PIRATE Act here (PIRATE Act Reveals Sen. Hatch as Strange Ally of Pornography Industry), which Copyfight has followed up here (Larry Flynt, Poster-Child for the PIRATE Act). However, having thought about the proposed law a little more, I came to an interesting realization: you can get wiretaps for federal copyright infringement investigations.

Under 18 USC 2516(3), you can get a wiretap for any "electronic communication" (but not for wire or oral communications) as long as "the interception may provide or has provided evidence of any Federal felony." Copyright infringement under 17 USC 506 is a felony. Under the proposed PIRATE Act, the government has options with regard to people who violation 17 USC 506 (Criminal copyright infringement). The government can criminally prosecute them or bring a civil suit. Either way, the government can use a wiretap to gather evidence for their case.

Under a regular civil suit for copyright infringement by means of file sharing, the copyright holder can only observe that the infringing files are available for download. They can't really tell how many people have downloaded them, if any. Furthermore, copyright holders have no way of going after people who are only downloading files and not uploading them. Wiretaps to the rescue. The RIAA may not be permitted to wiretap file sharers, but the government certainly can. The RIAA must be salivating at the prospect.

Comments (0) + TrackBacks (0) | Category: File Sharing

March 27, 2004

PIRATE Act Reveals Sen. Hatch as Strange Ally of Pornography Industry

Email This Entry

Posted by Ernest Miller

Conservative Senator Orrin Hatch (R - UT) has frequently cast aspersions on sexually offensive broadcast programming. For example, see his recent comments regarding the current brouhaha over indecency on television (Hatch Decries Declining Morals on Broadcast TV). Yet, the logic of his statements on behalf of the recently introduced "Protecting Intellectual Rights Against Theft and Expropriation Act" (PIRATE Act) would have the Department of Justice lawyers working on behalf of pornographers. In Hatch's world, the FCC would work to crackdown on indecency while the DOJ fought on behalf of pornographer's rights.

...continue reading.

Comments (3) + TrackBacks (0) | Category: Copyright | File Sharing

March 26, 2004

TiVo's Quasi-New Extended Commercial Model

Email This Entry

Posted by Ernest Miller

A few days ago C|Net News reported that TiVo is planning on rolling out a quasi-new advertising model this fall (TiVo looks to tune in to advertisers). The new system is described thus:

Known as Video-to-Video, the idea is to let viewers click a button on their remote control to immediately watch a 3-minute video describing products and services that might appeal to them. The marketing clips are promoted through small icons that appear on the TV screen as viewers fast-forward past regular ads.

This is a perfect example of TiVo forgetting what made it successful in the first place. Remember those cool, early commercials for TiVo in which a couple of guys charged into a television network's offices and tossed a programming exec out the window? While the commercials might not have been terribly effective (many people still don't "get" TiVo), they did get to the heart of what makes TiVo successful: empowering viewers. With TiVo you no longer had to watch programs when and how the network execs (or advertisers) chose.

...continue reading.

Comments (2) + TrackBacks (0) | Category: Broadcatching/Podcasting | Open Standards | Telecomm

Divided 4th Circuit Invalidates Virginia's Internet Speech Regulation Statute

Email This Entry

Posted by Ernest Miller

Yesterday, the 4th Circuit Court of Appeals issued a decision that upheld a district court ruling invalidating a Virginia law aimed at curbing speech on the Internet. Read the decision: PSINet vs. Chapman [PDF]. Read a press release from People for the American Way: Free Speech Victory In Virginia Internet Case. Two district judges were sitting by designation and upheld the lower court decision. Appellate Judge Paul Niemeyer dissented. Unfortunately, this increases the possibility of en banc review in what many consider the most conservative Federal Circuit.

...continue reading.

Comments (0) + TrackBacks (0) | Category: Freedom of Expression | Internet

Newdow's Petard Paradox

Email This Entry

Posted by Ernest Miller

Jack Balkin offers up the following paradox regarding the Newdow case, otherwise known as the "under God" Pledge of Allegiance case (Hoisted By His Own Petard?). Argues Jack, "If Newdow wins his case, it will prove that atheism is wrong, because it's going to take a miracle."

To which I, being a reader of the Hitchhiker's Guide to the Galaxy, respond:

A miracle would be proof of God's existence. If people have proof of God, their belief would be fact-based instead of faith-based, and the loss of faith would cause God to cease to exist. Thus, atheism would be triumphant after all.

Comments (0) + TrackBacks (0) | Category: Oddities

March 24, 2004

Videogames Inspire Speedy Movie Zombies

Email This Entry

Posted by Ernest Miller

Slate has an interesting piece on the increasing speed of zombies in recent movies such as 28 Days Later and the recent remake Dawn of the Dead (Dead Run - How Did Movie Zombies Get So Fast?). The author traces at least some of the inspiration to fast-paced first-person zombie shooter (aka "Survival/Horror") videogames such as Resident Evil, and not just the fact that some bad movies were adaptations of the games. Games having a cultural effect on movies. Cool.

For more traditional, slow-moving walking dead, you can download for free (and legitimately) George Romero's classic Night of the Living Dead, which is in the public domain (George Romero's Night of the Living Dead in PD; on Archive.org).

Comments (1) + TrackBacks (0) | Category: Culture | Games

RSS, BitTorrent, Broadcatching, Porn, Business Models, and Banned Music

Email This Entry

Posted by Ernest Miller

Everyday it seems that there is something cool and neat in the RSS/BitTorrent/Broadcatching realm. Today is no exception. For example, Brian Clark, proprietor of the excellent Outside the System, suggests two business models for broadcatching.

Additionally, the music hacktivists behind Downhill Battle have launched Banned Music, a website dedicated to distributing unauthorized sampled music mixes such as the infamous Grey Album (About BannedMusic). Without discussing the merits of their concept (see here, here, here, and here for my take on related issues), they have come up with an interesting technology. Since many people haven't yet installed a BitTorrent client, Banned Music wraps their initiating .torrent files in a Nullsoft scriptable installer so that people automatically install the necessary software when they attempt to download the music (A New BitTorrent Downloader). The potential for this approach with regard to broadcatching is apparent.

Read on for all the latest broadcatching news ...

...continue reading.

Comments (3) + TrackBacks (0) | Category: Broadcatching/Podcasting | File Sharing | RSS

March 23, 2004

Howard Stern Should Ask FCC: What is Profane?

Email This Entry

Posted by Ernest Miller

Last Friday I wrote about the FCC's decision last Thursday to begin enforcing their power to regulate "profane" language, something they have not done before (FCC Revives Notion of the Profane). See also this followup by Constitutional law guru Jack Balkin: Hate Speech Codes For Broadcasting?. Jeff "BuzzMachine" Jarvis has been, well, a machine when it comes to posting on this issue. Start with today's "Daily Stern" and just follow the links to previous posts for all the news fit to blog.

Despite all this discussion, however, I am still in the dark as to what "profane" means as the FCC interprets it.

Warning: Highly offensive language used as examples below.

...continue reading.

Comments (16) + TrackBacks (0) | Category: Freedom of Expression | Telecomm

RSSTV Emergency Broadcatching System

Email This Entry

Posted by Ernest Miller

On Saturday, Andrew Grumet announced the release of RssReader 0.4d (RssReader 0.4d). In Andrew's words, "RssReader is TiVo-resident software that displays the contents of an RSS feed on your television." Of course, who the heck really wants to read RSS feeds on television? Sounds like one of those dotcom-era WebTV-like monstrosities. Instead, Andrew notes that "More interestingly, RssReader can schedule recordings from syndication feeds containing RSSTV extensions. This means you can subscribe your TiVo to a community-evolved ToDo list, such as the feed generated by Program My TiVo!" Absolutely, and something I think has amazing potential (RSS for TV, Music).

However, I also think that there is not only a desire for at least some RssReader functionality on television, but important reasons to make it happen. Indeed, perhaps a grant from Homeland Security to Grumet would be in order.

Imagine an RSS feed that would scroll at the bottom of your television display while you watched any other channel, a news ticker if you will. It would be just like the scrolling feeds on the news and financial networks, but would be overlayed on top of whatever you are currently watching. Most importantly, the content would come from an RSS feed.

...continue reading.

Comments (2) + TrackBacks (0) | Category: Broadcatching/Podcasting | File Sharing | RSS | Security | Telecomm

March 22, 2004

Broadcatching, RSS+BitTorrent Progress Report and Roundup

Email This Entry

Posted by Ernest Miller

The Dowbrigade News is quite excited by the possibilities of broadcatching (Video Aggregator 1.0).

A broadcatching discussion has been taking place on a Yahoo! BitTorrent group (RSS + BitTorrent = Broadcatching).

Jonathan Schull jumps on the broadcatching bandwagon and points to an RSS torrent feed (As Scott Raymond Foretold).

Dave Brondsema is experimenting with Grumet's work. If it works well, he promises to port it to a Linux client (spring break accomplishments).

Paolo Valdermarin sees potential for videobloggers (Are We Ready for Videoblogging).

realkosh, a self-described "aussie music fan," thinks the broadcatching concept is "excellent" (Promotional music should be free). He also has some interesting things to say comparing music to peanuts:

When was the last time you bought a peanut? Peanuts are something you just get for free. People buy peanuts to give to other people for free. I'm sure there are hundreds of people out there who buy more peanuts for other people than for themselves. Peanuts are just there when you go to your local pub. When you go to a party. Peanut night clubs where the peanut people go.

I like the analogy, but for the record will note that I do buy peanut butter.

Continue reading for many more links...

...continue reading.

Comments (1) + TrackBacks (0) | Category: Broadcatching/Podcasting | File Sharing | RSS

Outside the Creative Commons System

Email This Entry

Posted by Ernest Miller

Outside the System has a thoughtful discussion (and lots of links) about some of the issues some are having with Creative Commons, though they generally support it (The Fragmentation of Creative Commons). I am a supporter of Creative Commons, but I agree that there are some important issues being raised here. Some of these problems are simply ones of education (in the future we will all be copyright specialists), but others go to promoting the values that sparked the CC revolution in the first place. See also, Larry Lessig on related issues (The logic of IP), which draws on points made by Scott Matthews.

Comments (0) + TrackBacks (0) | Category: Copyright

Minority Languages and Open Source

Email This Entry

Posted by Ernest Miller

The BBC reports that Microsoft is adding support for the Welsh language to MS Windows (Microsoft works on native tongues). It is great that Microsoft is supporting language diversity. However, this diversity is being supported at Microsoft's sufferance. Should MS decide not to support a particular language, too bad, MS won't let you have access to Windows source to make the necessary changes yourself. There is no such problem with open source. If native speakers truly want to guarantee the continued existence of their minority languages, they would do well to embrace open source and commission a translated version of Linux.

Speaking of which, when will we have a Klingon Linux of Elvish Linux?

via Marginal Revolution

Comments (0) + TrackBacks (0) | Category: Culture | Open Source

Copyfight - The Remix

Email This Entry

Posted by Ernest Miller

Donna Wentworth has made her blog, Copyfight, a must-read since its beginning. That is why I am honored to join her and some most excellent colleagues in continuing Copyfight as a group blog. I will be posting along with Elizabeth Rader, Jason Schultz, Aaron Swartz, and Wendy Seltzer. Read the greeting message: Copyfight--the Expanded Edition. The blog description:

Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development and technological innovation that creates--and will recreate--the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.

I'll continue to post here, of course, especially my longer pieces.

Comments (0) + TrackBacks (0) | Category: Blogging and Journalism | Broadcast Flag | Civil Liberties | Copyright | Digital Millennium Copyright Act | Digital Rights Management | Internet | News | Trademark

March 19, 2004

FCC Revives Notion of the Profane

Email This Entry

Posted by Ernest Miller

In a decision released yesterday, the FCC announced a new doctrine of fining "profane" broadcasts. Although 18 USC 1464 has always given the FCC jurisdiction over "obscene, indecent or profane language," the FCC has never based any fine on "profane" language, preferring to rely on indecency rulings. Given the newness of this interpretation of the law and the vagaries of the definition of "profane," this might be the most far reaching of the FCC's recent assaults on freedom of expression. Could the FCC be getting into the business of regulating hate speech?

Caveat: This decision is in a really vague area of First Amendment law and I've written my thoughts within hours of the decision's release, so my analysis is preliminary.

...continue reading.

Comments (49) + TrackBacks (0) | Category: Freedom of Expression | Telecomm

March 18, 2004

"True Name and Address" Bill for All Filesharers Introduced in Calif

Email This Entry

Posted by Ernest Miller

The LA Times (reg. req.) reports that California state legislators are hauling water for Hollywood once again (Setting a Trap for Net Pirates). The basic idea of the bill is to extend a "true name and address" statute to cover virtually all exchanges of copyrighted audiovisual information. That is, if you send someone a copy of a recording or audiovisual work electronically without also providing your true name and address, you could be fined $2,500 and spend a year in the clink.

Read Assembly Bill 2735 (the Assembly Version): An act to amend Section 653v of, and to add Section 653aa to the Penal Code, relating to Internet piracy.

What is the point of this bill? According to a sponsor:

[State Sen.] Murray [D - Culver City] says the point isn't to take names; his idea is to give state prosecutors, who have no jurisdiction over copyright infringement, a charge they can bring against online pirates.

Hmmmm ... the concept of federal preemption of copyright law comes to mind. One might argue that many states have "true name and address" statutes, but they generally apply only to sales of physical goods. Like copyright law, this proposed law applies to any transfer (outside your home and family), not only sales. If this isn't preempted I'm not sure what would be.

And what is this? Hollywood can't afford to sue people? We citizens of California have to expend precious tax dollars and limited law enforcement resources on copyright enforcement because Hollywood is too darn cheap? With massive statutory copyright damages available as a remedy, there is no excuse for Hollywood not to prosecute copyright infringers directly. Heck, it could even be a profit center.

An Attack on Privacy and Anonymity

Read the EFF press release: California Bill Backed by Hollywood Attacks Internet Privacy. The EFF notes the pernicious effects on children's privacy: "These California anti-anonymity bills would force everyone - including children - to put their real names and addresses on all the files they trade, regardless of whether the files actually infringe copyrights."

There are many more problems with this bill as well. EFF notes that there are no exceptions for fair use. For example, if one emails a friend a copy of a political campaign commericial that includes copyrighted music, I'm a Dole Man comes to mind, you can be fined and sent to jail. Heck, posting and commenting on Janet Jackson's wardrobe malfunction could get you sent to jail.

This is certainly an attack on the anonymity protections of the First Amendment. Unlike commercial "true name and address" statutes, this bill reaches beyond a state's interest in preventing fraud to cover all types of anonymous speech, including speech that is clearly protected by the First Amendment. State Sen. Murray says, "There's one way to maintain your privacy in my bill. That is not to engage in illegal activity." But that is the problem. The bill strips anonymity even when people are engaging in constitutionally protected activities. On this basis alone, I believe it is clearly unconstitutional under the First Amendment.

An Attack on the Creative Commons

Even worse, there is no exception for permission of the copyright holder. So, if I record a song and post it under a Creative Commons license that permits redistribution but reserves commercial use rights, you can go to jail for redistributing it. I mean, really, what more can be said about such an overbroad bill?

We need to have a "true names" bill for politicians. By all rights, State Sen. Kevin Murray should start calling himself State Sen. Hollywood Sycophant.

UPDATE

You can find your California State representatives here: Find Your California State Legislative Representatives. Let them know what you think of these bills.

Comments (0) + TrackBacks (0) | Category: Copyright | File Sharing | Freedom of Expression | Privacy

Freedom of Speech as Distribution is a Good Thing

Email This Entry

Posted by Ernest Miller

Doc Searls has an interesting take on the ongoing FCC indecency brouhaha (Enjoy the obscenery). His points are echoed and emphasized by Jeff Jarvis (The Daily Stern: The real issue). Searls analysis begins:

Ever since we reconceived press and broadcast as "channels" and "media," and their goods as "content," we have understood them, literally, in terms of shipping.

He says this as if it were a bad thing.

When you subsume speech into "content delivery," you reduce it to cargo. It becomes just another deliverable. Packing material. You can abridge its freedoms all you want. (At least on the broadcast side. It's a little harder where printing presses are still involved.)

On the contrary, the more that we treat speech as undifferentiated cargo, the better off freedom of expression is. When everything is cargo you worry more about how it is distributed than the content of the cargo. FederalExpress is a distribution company. They don't really care what is in the boxes they ship (with certain obvious, practical exceptions), they just want to ship them as efficiently as possible. The more the boxes are undifferentiated cargo, the more efficiently they can be shipped.

The most obvious example of this in the free speech realm is the doctrine of common carrier. For example, the telephone network is a common carrier. Consequently, the telephone company doesn't care what the fuck you say on their telephone lines and neither does the government (with certain obvious, practical exceptions).

Searls notes that the government treats printing press speech different than broadcast speech. Why is that? Because they use different means of distribution. The government is regulating the content of speech, but it is doing so because the means of distribution is different. As far as the government is concerned books are undifferentiated cargo (with certain exceptions, such as obscenity and child pornography). As long as I follow the general rules for shipping cargo, I can ship whatever sorts of books I want. This is freedom of expression enhancing.

The internet is another example. Although the government is trying its best to regulate content on the internet, the courts have so far been quite sceptical. The courts have generally held the position that people can ship whatever darn content they want via the distribution channel known as TCP/IP. Bits are bits and we should treat them that way as much as possible.

From a public relations point-of-view, focusing on delivery rather than content also seems best. If we focus the discussion on means of distribution rather than particular, offensive content, we'll probably be better off. Many fewer people are upset by the idea that you can watch porn on cable then see a nipple on broadcast. Rather than argue about the relative merits of letting people see nipples or watch porn, we should be arguing that broadcast as a means of distribution should be treated similarly to cable as a means of distribution and leave the nipples out of it.

Speech as Place

Searls next speeks of freedom of speech with as a mixture of the personal and place:

Speech, as the founders conceived it, was something that happened among people, in society. It had a place: the street, the parlor, the town square, the village commons. Even when published, by a press, it was still personal. Take the example of Franklin's original blog, Poor Richard's Almanac. It was a form of printed speech that grew and spread like a weed on the lawn of the marketplace. But popular as it may have become, it was still "speech" because it was personal. People speak. "Content" doesn't. It's just cargo. And you can regulate the crap out of cargo.
....My point: a bar is a place. Free speech happens in a place. The very presence of a local bar on everybody's radio both offends and threatens the shipping mentality of the mediocracy — a group that includes not only giant mutant transport companies like Clear Channel and Viacom, but also its allied lawmakers and regulators: Congress and the FCC. That's why the latter feel just fine "controlling" what "goes out" through "the media" as if all of it were container cargo.

But what are these places? They are channels for distribution. The sidewalk is a place, sure, but it is a means of distribution too. It is a public place where I can speak to those citizen nearby and the government has very limited means to restrict what I may say through that means of distribution. Today, we don't have physical places, we have virtual channels. If you are reading this, you aren't reading in a particular place, you are receiving this communication through a particular channel, whether HTTP, RSS or something else. Rather than confusing ourselves with imperfect analogies to physical spaces, we should embrace the immateriality of "channels."

You know, container cargo is a great analogy for my point of view. The wonderful thing about the container ship revolution was that ships no longer really had to care about what sort of content they were carrying: electronics in one container, furniture in another, clothing in another, the ship doesn't have to worry about it or care. They just stack the undifferentiated containers. Before container ships you really had to worry about what went next to what and even more regulation was involved.

Nor does speech have to be personal to be worthy of protection. Even impersonal speech is worthy of protection. Indeed, sometimes it is the most impersonal speech that is the most powerful and important. Personal, impersonal ... it isn't the content of speech that we should be concerned with. We should treat all speech the same.

As I've argued previously (It's Freedom of the Press, Stupid), I believe that one of the critical elements of our free speech doctrines is the limitations the First Amendment puts on government's ability to regulate distribution of information. The real problem here is that the government has totally messed up how we should regulate broadcast. I would prefer something based on my formulation:

The government shall neither create nor sustain a monopoly carrier in the distribution of speech that discriminates in what it will or will not carry.

UPDATE

Jeff Jarvis responds (The Daily Stern: PM edition).

Comments (2) + TrackBacks (0) | Category: Freedom of Expression

Broadcatching - The Good, the Bad, the Slashdot

Email This Entry

Posted by Ernest Miller

Thanks to all the recent publicity, Simon Carless reports on his ffwd blog that LegalTorrents, a site for legitimate music torrent files that is experimenting with broadcatching, has given away an additional 300gb of music (broadcatching in the dark fatman ides?). 300gb! I guess broadcatching works.

Outside the System has an interesting analysis of the possibility of micropayments combined with broadcatching (BitTorrent + BitPass: Ethos & Practicalities). Most interestingly, the author goes into some detail regarding the ethos of the concept, what one might also call the social norms.

Now, I'm not a big fan of micropayments, but I think there might well be a market for certain Big Media Objects (BMOs) if the payment isn't too small. For example, the author imagines films being made available through this method for $2-3. I could certainly see this sort of payment making sense for a series, such as the awesome Red vs. Blue, where you buy an entire season for, say, $5-20. Of course, a subscription model for all-you-can eat content *cough*music*cough* might be a very good model as well.

The best part of the piece though is the analysis of the ethos of BitTorrent and payments:

Does this mean that there is a common ground between independents and the BitTorrent community that allows for the introduction of transactions into the equation? There very might well be, and there seems to be little technical barrier in experimenting and seeing firsthand. It might even be a common ground that traditional media companies and the artists they distribute don't/can't/won't share, making this an emerging system ripe for independent adoption over corporate adoption. There are also tantalizing questions I still have about how this microtransaction model could interact with the tracker also running on that webserver -- the potential to allow fans to favor those "in the club" versus "outside the club" at the peering level, which could reinforce the idea that the independent media creator and their Internet fans are all in this together.

This is something that I have been thinking a great deal about and I think that there is something quite interesting here. I believe that a well-designed market using broadcatching would encourage cooperation between creators and consumers, turning distribution into a collaborative effort. Sure, corporations could play this game, but independents could be on an almost equal footing, both would have consumers as their partners. I'm still thinking about the possibilities here, but I think they may be one of the most significant aspects of broadcatching. Broadcatching could be much more than what the Hollywood Liberation Army calls "the holy grail of a profitable business model for independent movie-makers on the web" (BitTorrent, BitPass & Outside the System).

Unlimited Freedom has some interesting comments about the whole broadcatching concept (BitTorrent and Broadcatching). Most of his post concerns what he sees as various drawbacks of the BitTorrent protocol. While he makes some good points, overall I don't think they really undermine the broadcatching paradigm.

BT differs from other P2P systems in the algorithm that it uses to distribute data. That's what makes it work so well for large files. But there's no reason P2P networks couldn't be enhanced to use that algorithm. If they did so, they would be SUPERIOR to BT for almost every purpose.
No longer would you have to find a .torrent file host to download data. No longer would someone have to do something special and act as a seeder - they could just put the data file into their P2P shared directory and it would be available to the world. No longer would you have to beg people to keep their BT clients (instances of which are specific to the file being downloaded) running after the download finishes, scolding them about being "leechers" if they don't upload at least as much as they downloaded.

Actually, some P2P programs already implement versions of swarm download protocols. However, that doesn't mean they are necessarily superior to BitTorrent. In particular, the advantage of broadcatching is that you have RSS feeds letting people know when fresh content is available. Consequently, you are more likely to have people hitting the .torrent file shortly thereafter, which makes the whole swarm download thing work better. With other forms of P2P, even if you get an RSS notification of fresh content, you'll have to wait for that content to diffuse through the P2P network. Even for very popular files this might take hours or days. With broadcatching, because of the centralization of the seeding server, content diffuses as quickly as the RSS feed.

There is also a question of search horizon for large media objects with normal P2P. The most popular files would be available in the local P2P network, but less popular files would be more difficult to find. Centralized seeding servers mean that the search horizon is virtually infinite. Moreover, you might not get much swarm download benefit for less popular files with normal P2P, but a centralized seeding service would aggregate even widely dispersed interest in less popular files.

The question of leechers is an issue, but since broadcatching would be mostly automated (update RSS, check for new files, initiate BitTorrent for new files), chances are the defaults could be set to let the BitTorrent application run fairly regularly in the background.

Undoubtedly, there are improvements that can be made to the protocols, especially with regard to usability for the average consumer. Those advances will come with time.

Slashdot has actually covered the BitTorrent & RSS concept before (RSS & BT Together?), but the latest is probably the most interesting as the concept begins to sink in (RSS And BitTorrent, Together At Last). Below are a couple of interesting comments:

Bah

People keep trying to make BitTorrent something it isn't. And really, we should be fighting its corporate adoption in any form, as it's simply an attempt to shift server bandwidth costs to the client. ISPs eat that right now, but we're going to metered access if this keeps up.
Which is effectively getting us to pay for website access/services, but instead of giving the money to the content creators we'll be giving it to ISPs instead and paying in bandwidth besides. So this is a bad idea.

Hack your TiVo for fansubs

The way I figure it, with this bittorrent-RSS combination and a slight modification of torrent watching sites like animesuki [animesuki.com] we will essentially have a fansubbed anime online tivo at our disposal. Actually, you could have probably done that even without RSS, though it does simplify matters. The only limitations are our bandwidth and hard drives. Which actually are pretty limiting these days, especially with p2p being frequently capped.

Comments (0) + TrackBacks (0) | Category: Broadcatching/Podcasting | File Sharing | RSS

March 17, 2004

Social Filesharing Networks Not So Social

Email This Entry

Posted by Ernest Miller

A couple of weeks ago, brother Clay on Many 2 Many posted some of his concerns about a proposed social network filesharing concept (Robert Kaye on Social Networks for File Sharing).

The model in question is from Robert Kaye, creator of MusicBrainz, who posted on OpenP2P a text version of a talk he led at the O'Reilly Emerging Technology Conference on: Next-Generation File Sharing with Social Networks. What is the need for such models?

Social networks designed for file sharing should focus on three goals: share your files with others in your network, discover new files from other members, and protect the network from outside attackers. To achieve these goals, the social network needs to be founded on a well-defined social model.

Ok, although, I'm not really sure that there is much value in this sort of network except as an attempt to defeat attacks from outsiders such as the RIAA. To a certain extent that might be useful for those attempting to hide from legal liability, but I'm not even sure that is particularly useful. Of course, you could easily create a closed filesharing network of friends today and the RIAA would never be the wiser. There is a problem, though:

To apply this concept, the network starts with a group of trusted people forming a tribe of people. Starting a tribe as a friendnet, where each connection is backed up by a meatspace connection, is an excellent starting point. However, sharing files inside of a small tribe is only interesting for a short while because it presents a limited search horizon. If tribes connect with other tribes to form chiefdoms, the search horizon expands with each new connection in the chiefdom. Finally, connect chiefdoms to other chiefdoms to form states, and the search horizon may start to look similar to the search horizons in open file-trading systems.

Why do you want to call it a social network though? Do these "tribes" and "chiefdoms" have anything in common other than a desire to fileshare and avoid legal liability? Is this really the sort of social network to which one would want to belong? It may sound nice to call it a "social network" but it acts more like a conspiracy. The purpose isn't to increase social connectivity but to avoid liability - not the same thing:

Tribal elders must be aware that outside attackers can use social attacks on the network. For instance, if a number of members of a movie-swapping tribe are hanging out at their local coffee shop, they should be aware that attackers may appear as smooth-talkers with lots of knowledge about movies and claims of having a large collection of relevant movies. If one tribal member falls for the attack and invites the attacker into the network, the entire network is at risk. We'll go into the risks from attacks in more detail later, but tribal elders need to understand these risks and educate their tribe to act accordingly.

I'm sorry, but this doesn't sound like a "tribe" so much as a criminal enterprise. Do you really have to worry about social attacks on Friendster or Orkut? Why does the word "omerta" come to mind?

Don't get me wrong, private social networks are great ways to fileshare. I think it is great to recommend works to a friend and even to send them a copy. Such sharing can solidify and help friendships grow, as well as increase appreciation for the works themselves. However, I really don't see the benefit (except access) of "sharing" with strangers several links removed from me.

Think about blogs as a discovery system for news stories. I read my friends blogs and I read the blogs of strangers whose taste I've grown to trust. Through them I discover news stories of interest to me, some expected, some unexpected. I don't randomly access and read the blogs of total strangers ... it is generally a waste of time as a discovery tool. Why should music filesharing be different? Again, having strangers in the loop increases access to works, but there is nothing particularly social about it and it does not increase music discovery.

A truly social filesharing system would encourage people to create both public and private connections: private connections where one shared with existing friends and public connections in which individuals broadcast their tastes to the world (hopefully making new friends in the process). Kaye's vision, in its attempt to avoid legal liability, is a strangely crippled version of social networks, as there can be no truly public connections. It is more akin to a conspiracy-minded cell structure than a free and open system.

Comments (0) + TrackBacks (0) | Category: File Sharing

Television's Pushme-Pullyu

Email This Entry

Posted by Ernest Miller

Alex Ben Block of TelevisionWeek has an interesting article on television in the era of TiVo (Push Comes to Pull). He clearly recognizes that television is switching from a form of "push" media to "pull" media:

From the dawn of modern broadcasting until today, television has been a push technology. That means a network aggregates content and then markets it. It in essence "pushes" programming through a pipeline to the consumer, who then chooses where to spend time and money.
....Instead of programs being pushed to consumers through scheduling, advertising and promotion, the new order is to have programs "pulled" out when the consumer is ready.

Block's analysis is lacking, however, in what "pull" media really means. For example, though he acknowledges that consumers will "pull" the media they desire, he still believes that distributors will retain the most clout:

Another problem is how to make it easy for consumers to sort through thousands of program offerings. It seems clear that at least in the early years, there will be no single method. There will be video-on-demand sold one show at a time, and subscription packages that offer unlimited VOD selections. There will be "free" VOD, which will include teasers for paid shows, extended commercials and brand builders like a gardening show from the Home & Garden channel.

No mention whatsoever of consumer-based collaborative filtering. Personally, I record for later viewing what my friends, family and trusted reviewers recommend. Push your VOD all you want - it won't be terribly important to me, unless recommended to me by people I trust. Moreover, unless something is truly compelling, I'm going to skip the ala carte menu and go for an all you can eat option.

He keeps talking "pull" but I keep hearing "push":

That is where metadata becomes important. It is a crucial source of intelligence for marketers in what is called the "last mile display," the final step before the consumer makes a choice. It becomes the code that determines how and where the program info is displayed (by title, brand, genre, affinity to other programs), the pricing, the spin of the synopsis (toward specific groups or interests), and what is displayed on the program guide.

If television truly becomes "pull" what are the marketers doing there puching pricing, spin, etc.? Where are my fellow consumers providing their views so I can make an informed decision?

What also of allowing consumer-created content into this network of "pull"? No mention whatsoever. In time, television's pull is going to be severely limited if much of the innovative video content available on the web isn't integrated nicely into the distribution of standard broadcasting fare.

Interesting view of the future of television, but give me a broadcatching feed anyday.

via JD Lasica

Comments (1) + TrackBacks (0) | Category: Broadcatching/Podcasting

Progress & Freedom Study is Anti-Progress

Email This Entry

Posted by Ernest Miller

The Progress and Freedom Foundation has recently published a study of secondary liability for P2P filesharing systems. Read the press release: P2P File-Sharing: Balancing Creativity & Innovation. Read the study: Liability of P2P File-Sharing Systems For
Copyright Infringement By Their Users
[PDF]
.

Unsurprisingly, the study concludes that secondary liability should be attached to most P2P systems. Much of the paper is correct on it summation of current law. However, I have a serious problem with the paper's claim that it would be relatively easy to distinguish between bad technology and good technology. I'm not sure that many of the technologies that are common today would have survived the scrutiny the paper proposes.

For example, one difference between the Napster and Sony decisions is that "the balances between infringing and noninfringing uses were dramatically different. The VCR is predominantly used for noninfringing activity, while the Napster business was built almost entirely around servicing users’ infringing." But something very interesting is going on here with verb tenses. The VCR is predominently used for noninfringing activity. Indeed. But the case wasn't nearly so clear when the VCR was first introduced. Is the lesson then that copyright industries should sue before a particular technology matures?

Later in the paper this point is reiterated: "Similarly, VCRs overwhelmingly serve noninfringing uses; the result in Sony has been vindicated." Easy to see in hindsight, not so easy to see when Valenti was decrying the VCR as "the Boston Strangler." The use of the term "vindicated" sort of concedes the point that the issue wasn't clear when the decision was entered. Of course, if Sony had gone the other way, Hollywood would be proclaiming the overwhelmingly noninfringing present uses of the VCR were a result of the initial finding of contributory infringement.

Similarly, the paper argues that, "In contrast, the CD burner was clearly designed and introduced for legitimate purposes, although it can also be used to make infringing copies of CDs." Was this issue so clear when CD-ROM burners were introduced? Heck, at the beginning of the CD-R era the 650MB you could store on a CD-R was more than the average computer's entire hard drive. Tape backup was widely available ... and cheaper. And even if the ability to burn CD-ROMS was clearly a legitimate purpose at the time, really, why did the CD burners have to have the capability to burn the Red Book audio format? Couldn't the RIAA have sued to prevent the sale of CD burners or associated software that could burn Red Book audio? Seems to me that there was a pretty good argument that when consumer CD burners were first sold, the Red Book audio capability alone had overwhelmingly infringing uses. Imagine also if the internet had taken off a few years earlier, before a large installed base of CD burners existed. Wouldn't the overwhelming use of CD burners have been piracy (at least, isn't that the argument Hollywood would have made)? From a policy perspective, it also wouldn't have been very difficult for CD burner manufacturers to make sure their systems couldn't burn audio CDs.

I sort of wonder if the File Transfer Protocol, still an enormous source of piracy, could have survived this sort of scrutiny. After all, couldn't the protocol have included various filtering mechanisms and authentication?

What of BitTorrent? Isn't it overwhelmingly used for piracy right now? Of course, the benefits of BitTorrent for anyone wishing to distribute legitimate large media objects is obvious, to me. Eventually, I imagine BitTorrent (or similar swarm systems) will become significant ways for legitimate distribution of all sorts. But, as the paper refers to other P2P systems, "at present, those noninfringing uses are quite small relative to the use of these systems for widespread Internet piracy." Moreover, would my clear view of the value of BitTorrent necessarily be obvious to a judge? Who would defend Bram Cohen if Hollywood had sued when BitTorrent was first introduced?

I remain unconvinced that we can permit extensive secondary liability because it will be relatively easy to target the "bad" technologies without unduly burdening innovation.

via Furdlog

Comments (0) + TrackBacks (0) | Category: Copyright | File Sharing

Security Know-Nothingism

Email This Entry

Posted by Ernest Miller

I must admit it is very frustrating to read, frankly, ignorant security columns on the op-ed page of America's most prestigious newspaper, the New York Times (reg. req.). Columnist Nicholas Kristof is the culprit this time, with a couple of half-baked security measures (May I See Your ID?). In response I ask Kristof, may I see your security analyst credentials?

The first idea is, as the title gives it away, a renewed call for a national ID card. Argues Kristof:

If the right is willing to imprison people indefinitely and send young people off to die in Iraq in the name of security, then why is it unthinkable to standardize driver's licenses into a national ID?

This is an argument, why?

Hey, I'm not too happy with the imprisoning people indefinitely thing either (at least without, you know, some judicial process), but Guantanamo makes national ID cards a good idea how? And sending troops overseas to war justifies national ID cards at home because...? Let's try that argument again: "If the right is willing to send young people off to die in Afghanistan in the name of security, then why is it unthinkable to standardize driver's licenses into a national ID." Make any more sense?

More than 100 nations have some kind of national ID card. And the reality is that we're already moving toward a government ID system — using driver's licenses and Social Security numbers to prove who we are — but they neither protect our privacy nor stop terrorists. Instead, they simply promote identity theft.

You might think he would have made a stronger case in favor of a national ID card before he brings out the "everyone else is doing it" argument. You know, identity theft is a serious problem. National ID cards solve this how? Many security experts believe that they may, in fact, exacerbate the identity theft problem. A real security expert, Bruce Schneier, wrote, in Crypto-Gram Newsletter - December 15, 2001 - National ID Cards:

Identity theft is already a problem; if there is a single ID card that signifies identity, forging that will be all the more damaging. And there will be a great premium for stolen IDs (stolen U.S. passports are worth thousands of dollars in some Third World countries).

But, whatever, Kristof continues:

At least seven of the Sept. 11 hijackers, some living in Maryland hotels, managed to get Virginia ID cards or driver's licenses, which can be used as identification when boarding planes. Americans routinely travel to and from Canada, Mexico and the Caribbean with just a driver's license.

And I guess that foreigners won't be allowed to get these ID cards and will not be permitted to live in Maryland hotels? Of course, we will have to issue some sort of identification to foreigners ... and we all know how reliable the identity paperwork from foreign countries is. As Scheier notes, "Some of the 9/11 terrorists who had stolen identities stole those identities overseas." Yep, national ID cards will stop that.

Some U.S. officials privately fret that security may depend on a harried immigration officer in Maine who is handed a forged Guam or North Dakota driver's license. One undercover federal study underscored the vulnerability last year by using off-the-shelf materials to forge documents that were then used to get driver's licenses in seven states and the District of Columbia. The forgeries worked in each place attempted.

And having a national ID card will stop people from forging documents to get the licenses how? And I guess that Kristof is guaranteeing that relying on a single national ID card won't lull that harried Maine officer into complacency?

So why not plug this hole with a standardized, hard-to-forge national ID card/driver's license that would have a photo, a fingerprint and a bar code that could be swiped to check whether the person is, for example, a terror suspect who should not be allowed onto a plane?

Yeah, because we know who the terror suspects are and terror suspects are happy to properly register themselves with the government. They also, when asked politely, explain to the airline counter clerk that, yes, someone else packed their luggage and they are carrying gifts for strangers. And from Schneier again, "Biometric information, whether it be pictures, fingerprints, retinal scans, or something else, does not prevent counterfeiting; it only prevents one person from using another's card. And this assumes that whoever is looking at the card is able to verify the biometric."

Schneier summed up the national ID issue best I think:

I am not saying that national IDs are completely ineffective, or that they are useless. That's not the question. But given the effectiveness and the costs, are IDs worth it? Hell, no.

Kristof's other concern is with the availability of instructions for creating weapons of mass destruction:

The other area where I'd like to see a tougher approach has to do with "cookbooks" to make anthrax, sarin and other chemical, biological or nuclear weapons. Over the last few years, I've collected a horrifying set of booklets, typically sold at gun shows or on the Internet, detailing how to make mustard gas, VX, anthrax or "home-brew nerve gas."
....Sure, I cherish the First Amendment. But remember what Alexander Bickel, the eminent First Amendment scholar, told the Supreme Court when he argued on behalf of this newspaper in the Pentagon Papers case. Pressed by the justices on whether publication could be blocked if 100 Americans would certainly die as a result, he reluctantly agreed: "I am afraid that my inclinations to humanity overcome the somewhat more abstract devotion to the First Amendment."

Funny quote from Bickel, that. Why, if I knew for certain that Kristof's column would lead to certain death for even one person, let alone 100, I would have to agree with Kristof that "In these exceptional circumstances, we are — I hate to admit it — better off banning books."

Now, whether or not it should be legal to publish information about making WMDs is a serious question and one that shouldn't be addressed lightly. But lightly, in a few paragraphs, is how Kristof deals with it. He couldn't even write an entire column on the issue? There are many questions he doesn't even raise, such as, how and where do you draw the lines on such information? Is a recipe for ricin bannable? What about flight simulator software? What about dual-use items?

Maybe, for certain types of exceptional information, we should have more control. But to simply come out and say, "we are ... better off banning books" is not a terribly compelling argument by itself. I am surprised that the New York Times is the source for this perfunctory argument in favor of censorship.

Comments (2) + TrackBacks (0) | Category: Civil Liberties | Freedom of Expression | Privacy

March 16, 2004

RSS + BitTorrent Roundup - Broadcatching Isn't MS Active Channels

Email This Entry

Posted by Ernest Miller

WIRED publishes an article that does a good job of summarizing the potentials of RSS + BitTorrent (Speed Meets Feed in Download Tool):

A demo publishing system launched Friday by a popular programmer and blogger merges two of this season's hottest tech fads -- RSS news syndication and BitTorrent file sharing -- to create a cheap publishing system for what its author calls "big media objects." The hybrid system is meant to eliminate both the publisher's need for fat bandwidth, and the consumer's need to wait through a grueling download.

The author of the WIRED article, Paul Boutin writes on his blog that "Those of you who remember Microsoft Active Channels and Netscape Whatever it Was Called, take note" (RSS + BitTorrent = ?). There are definitely similarities between broadcatching and MS Active Channels, but the differences are more significant. Broadcatching gets the whole channel concept right.

The most important difference is that an Active Channel provider has to provide all the bandwidth for the content they are sending. For large media objects this can quickly become rather expensive, relegating music or video channels to those who can afford substantial bandwidth (such as large media companies). In comparison, BitTorrent is specifically designed to share bandwidth costs for making large media objects available. RSS announcement of the availability increases the liklihood of more simultaneous users, thus decreasing the bandwidth costs of the seeder substantially. This means that anyone's content can be broadcatched, not just those of major media companies.

The main problem for Active Channels, however, was that there were few tools for ordinary folk to use to create their own channel. Sure, anyone could create a channel, but there was no blog software that made it easy to publish channels automatically. Consequently, Active Channels were dominated by the major media companies, who didn't necessarily use any standard format for sending content to users nor did they necessarily take user needs into account (such as not sending so many ads). One user feature that was definitely lacking was the concept of an aggregator. Switching between channels was more akin to clicking on a bookmark than looking at a list of feeds (as in a news aggregator) to see what has been updated. Generally, Active Channels meant that bookmarked webpages could have more annoying "interactive! (tm)" content.

In related news, Grumet has written up more about his implementation of broadcatching here: Experimenting with BitTorrent and RSS 2.0. In his description of the initial implementation, he has a very clear depiction of why this is darn neat:

What makes this interesting
First, RSS and BitTorrent complement each other naturally. RSS was designed to report freshly available content, which is exactly where BitTorrent shines. RSS 2.0 enclosures were designed to automate the download process that BitTorrent optimizes.
Second, combining the two should reduce the barrier to entry for small broadcasters. While not a new idea, video blogging has always borne a bandwidth cost. Combining BitTorrent's cost savings with widely available RSS emitting tools should, for example, make it possible for a small group of motivated people across the world to create their own news channel.

Simon Carless of Slashdot has a short article on the O'Reilly Network touting his work with Andrew Grumet on making broadcatching real by making RSS+BitTorrent feeds available at LegalTorrents (RSS and BitTorrent, Sitting in a Tree...). He has some valuable notes for others interested in joining the revolution.

Map the Way has this to say (Combining RSS and BitTorrent What Andrew Grumet has done!):

With modern production tools, the biggest problem for amateur and professional moviemakers is no longer producing video, but delivering it to the intended audience.

Trevor F Smith wonders about the serendipity of it all (Small screen, big net):

[Is it] a coincidence that the morning after I ordered a TV tuner for our iMac that my RSS daily update revealed a cross-blog conversation about RSS, bittorrent, and PVRs combining to create a nice web of user contributed video feeds[?]

Steve Gillmor, one of the earliest proponents of RSS+BitTorrent (BitTorrent and RSS Create Disruptive Revolution) expresses his surprise that RSS aggregators is as widely adopted within Microsoft as it is (about 15%) (Your Winnings, Sir). As usual, he has some perceptive things to say about the capabilities of RSS:

This [ubiquity of small consumable, searchable XHTML fragments] runs directly counter to Microsoft's preservation of Word document formats by European and New Zealand patents. It explains why there's still no InfoPath freely redistributable runtime--you gotta buy a ticket for enterprise workflow and form routing--and why Microsoft doesn't want to seed a poor-man's BizTalk server around RSS alerts. And let's not forget RSS/BitTorrent enclosures, which offer a DRM-free standard for peer-to-peer content exchange and publishing years before Longhorn locks down those ports.

For more information on Broadcatching, see also:
BitTorrent + RSS = The New Broadcast
Broadcatching - Not Broadcasting
Broadcatching - The Early Days
RSS + BitTorrent Announcement Soon?
BitTorrent, RSS and Broadcatching, Catching On
First Broadcatching App Available! (And Related News)
Broadcatching Roundup
RSS, BitTorrent and Broadcatching for Courts

Comments (0) + TrackBacks (0) | Category: Broadcatching/Podcasting | RSS

RIAA Monitoring BitTorrent?

Email This Entry

Posted by Ernest Miller

I've assumed that the RIAA was monitoring BitTorrent downloader/uploaders. Now I've come across this report (not sure how credible it is) of such monitoring: Bit Torrent downloading:

So here I am, downloading through various torrent apps, various music torrents, all probably illegal. My first day, so I've learned the ropes, a little, and already blocked Sony North America, The Australian Broadcasting Corporation, RIAA and some others, I didn't recognise late last night. They were scanning my torrents, looking down my ports, or trying to.

Of course, I'm still sort of wondering why we haven't seen many DMCA notice-and-takedowns for BitTorrent seeding sites yet.

Comments (10) + TrackBacks (0) | Category: File Sharing

March 15, 2004

RSS, BitTorrent and Broadcatching for Courts

Email This Entry

Posted by Ernest Miller

The Shifted Librarian, an RSS maven if ever there was one, has a short post on the use of broadcatching for library archives (RSS Feeds for Internet Archive Collections). This reminded me of a concept that I worked on several years ago ... a distributed database of legal information, decisions, journals, etc.

The basic idea was that every law library in the country would have locally stashed copies of every court decision. Court decisions would have been published into a network of massively redundant distributed databases with nodes at every law library. The system was actually a bit complex (but cool, using Jini and stuff). The Shifted Librarian's post reminded me of this concept and I thought, "why not use broadcatching to send full decisions (or articles) to everyone who wanted copies of court decisions (or law journals)?"

RSS is already used by some of the smarter courts to keep lawyers, clerks and assorted legal professionals current on court decisions, rules changes and related matters. The highly innovative Rory Perry, Clerk of the Supreme Court of Appeals of West Virginia, was the first to recognize this potential and has been providing RSS feeds for his court since May 2002 (Syndication and Weblogs: Publish and Distribute Your Court Information to the Web).

The feeds that Rory provides are great, but they don't include the full decisions - only summaries. You could use RSS enclosures, but providing full decisions to hundreds or thousands of recipients might tax bandwidth. BitTorrent to the rescue, of course. Why shouldn't every law library, law firm or other interested party broadcatch copies of every court decision published?

Of course, this only solves the problem of distribution. For law to truly be free, you'll need open standards for court decisions and nearly complete databases among other things, but this could be a major step forward. The potential uses for this technology continue to grow.

For more information on Broadcatching, see also:
BitTorrent + RSS = The New Broadcast
Broadcatching - Not Broadcasting
Broadcatching - The Early Days
RSS + BitTorrent Announcement Soon?
BitTorrent, RSS and Broadcatching, Catching On
First Broadcatching App Available! (And Related News)
Broadcatching Roundup

Comments (3) + TrackBacks (0) | Category: Broadcatching/Podcasting | Open Access | RSS

Hey, Advertisers, Pay for My HDTV

Email This Entry

Posted by Ernest Miller

USA Today reports on a rather bizarre market niche: companies that are charging people to display artwork on their HDTV sets (Start-ups turn flat-panel TVs into works of art):

An expensive new digital television is big, beautiful, flat and can hang on the wall. Some might even consider the set a piece of art.
So why not display Picasso, Renoir, Monet and other masters on the screen itself?
Three companies have recently formed to help consumers do just that.

The article notes that HDTV sets are rather expensive, from $500 for the smallest models to over $17,000 for nerdvana sets. On top of this initial expense, the three companies discussed in the article expect consumers to pay a nice additional chunk of change to display licensed artwork on the sets.

Techdirt wonders if people can't come up with simpler, cheaper (presumably free) solutions (That Flat Screen TV Needs A Screensaver).

I wonder if there isn't a solution where companies pay me to have an HDTV. Why couldn't advertisers pay people to play commercials on their HDTV sets and subsidize the cost of the plasma set in return? Instead of a Matisse, why not a McDonald's?

Comments (0) + TrackBacks (0) | Category: Oddities | Tools

Client-Side Remixing Conundrums

Email This Entry

Posted by Ernest Miller

Lucas Gonze, who has added client-side remixing to his RSS+SMIL format (Analysis of RSS+Time as a playlist format) discusses the strengths and weaknesses of such client-side remixing here: Client-side remixing is sloppy. His post is in response to a couple of posts I've done on the idea of remixing "recipes": A History Palette for Music and The Grey Album - No Copying Necessary. Gonze argues, rightfully, that RSS+Time and similar such formats are not well-suited to client-side remixes:

Geeks around these parts have done many experiments with client-side remixing in SMIL, and what we found was that it works reasonably well as long as you don't need precise synchronization. If you do need precise synchronization, you'll just make yourself unhappy.
What that means for Danger Mouse and other dance-type remixers is that they will not be doable on the client side. That kind of thing requires a really tight set of operations. You have to clip out segments of a few seconds at most, then line them up with a lot of other clips. Marking a beat is a picky process with no room for sloppiness, which is exactly what HTML is not.

Mike Linksvayer agrees and provides more analysis (Client-side remixing isn’t so loopy).

Their both right. However, my vision of client-side remixing is not of the RSS+Time type, which "is to precise syncrhonization as HTML is to precise layout. If you don’t need precision, enjoy." Actually, I imagine a rather robust client that can achieve the level of precision that the remixer used to create the remixing "recipe." As I noted, my comparison is to Photoshop's History Palette:

Imagine if someone edits a photo [with Photoshop] and sends me the history palette but not the original photo (for copyright reasons). If I already have the original photo the editor worked with, I could recreate the new version from the history palette.

In the case of music, I imagine the client having something like a copy of Apple's GarageBand software. If you save the "history palette" for GarageBand and send me both the history and the original sound files used, I should be able to recreate the exact same finished product you have.

Such a thing is not yet available, but I don't see why it couldn't be. See, Dangermouse, the Jay-Z Construction Set and the Videogame Content Creation Model.

Comments (2) + TrackBacks (0) | Category: Culture | File Sharing

MP3 Player Dreams

Email This Entry

Posted by Ernest Miller

Educated Guesswork recounts some of the problems with the iTrip FM transmitter for the iPod, which allows you to listen to your iPod through your car radio (iPod and iTrip annoyances). I have frequently had similar problems with MP3 players when trying to use them in a car.

What I would like is a nice cradle I can put my MP3 player when I'm in the car. The cradle would, of course, connect directly to my car stereo. Is that too much to ask for?

Comments (0) + TrackBacks (0) | Category: Tools

A Race the FBI Can't Win: The Increasingly Asymmetric Costs of Wiretap Surveillance vs. Wiretap Avoidance

Email This Entry

Posted by Ernest Miller

LawMeme briefly summarizes and collects a number of articles on several law enforcement agencies' (FBI, DOJ and DEA) recent petition to the FCC to expand government wiretap capability (FBI seek to expand the system-formerly-known-as-Carnivore).

C|Net News reports that the petition "aims to give police ready access to any form of Internet-based communications" (FBI adds to wiretap wish list):

Legal experts said the 85-page filing includes language that could be interpreted as forcing companies to build back doors into everything from instant messaging and voice over Internet Protocol (VoIP) programs to Microsoft's Xbox Live game service. The introduction of new services that did not support a back door for police would be outlawed, and companies would be given 15 months to make sure that existing services comply.

That's just wonderful. And I suppose only the US government will have access to these backdoors?

The Washington Post (reg. req.) talks to one of the leading experts on wiretapping, CDT's James X. Dempsey (Easier Internet Wiretaps Sought):

But privacy and technology experts said the proposal is overly broad and raises serious privacy and business concerns. James X. Dempsey, executive director of the Center for Democracy & Technology, a public interest group, said the FBI is attempting to dictate how the Internet should be engineered to permit whatever level of surveillance law enforcement deems necessary.
"The breadth of what they are asking for is a little breathtaking," Dempsey said. "The question is, how deeply should the government be able to control the design of the Internet? . . . If you want to bring the economy to a halt, put the FBI in charge of deploying new Internet and communications services."

Dempsey is right. The amount of intervention in technology development necessary for the FBI and DOJ to accomplish what they want with regard to wiretapping is enormous. The costs will be both direct (money out of consumer's pockets) and indirect (loss of innovation). However, that is only half the picture. Unfortunately for the FBI, the costs to defeat the wiretapping are relatively small and will continue to decrease. We have here an asymmetric situation that will only grow more asymmetric as time goes on.

The problem is with the underlying architecture of the internet. Advances in technology along with the end-to-end/layers principle mean that it will always be cheaper to add encryption to the edges of the network than to increase the amount of surveillance at the center of the network. How much does it cost to write an encrypted VoIP app? Not much. How much does it cost to build the surveillance mechanism and conduct the surveillance across all possible ISPs? A heck of a lot more.

Ok. Now that the first encrypted VoIP app is compromised ... how much will it cost to build another encrypted layer on top of the first one? How much will it cost to conduct surveillance on this new layer? Hmmmm, if this progression continues, as we add additional layers of encryption and surveillance, the costs will increasingly diverge. Not a game you can win ultimately. In fact, it doesn't make much sense to even start. The FBI should be happy with what they've got.

Nor should we forget how darn cheap computing is getting. I wish my first computer had the power of a Treo 600. How hard is it to write voice encryption software for Treos and all the follow-on smart phones? How hard will be to add additional layers to the communications stack especially given all the various options for communication being made available through ubiquitous grid-network wireless?

If I were the FBI, I wouldn't waste my time on a battle I ultimately couldn't win and instead would concentrate my efforts on the place where I could still achieve my goals - the ends. You want to know what someone is up to online? I would recommend, for example, key loggers, "real" spyware, and social engineering. It ain't gonna be easy, but you have a chance of winning in the long term. The sooner you quit a race you can't win, the faster you can enter a race where you have a chance.

Bonus FBI Inanity: Sunday, March 14th was the 54th birthday of the FBI's "Top Ten Most Wanted Fugitive List." What better way to celebrate than with a humorous quiz? For example,

5. What Bible-carrying female impersonator was captured in 1964 while working as "Bobo the Clown" with a traveling carnival?
ANSWER: Leslie Douglas Ashley. And for extra credit, Isaie Aldy Beausoleil [apparently another man] was arrested in 1953 dressed as a woman...acting v-e-r-y suspiciously in a Chicago ladies' restroom.
7. Who was arrested in Japan, extradited to the U.S., and in Honolulu presented FBI Agents--in all seriousness--with [sic] a Monopoly "Get Out of Jail Free" card?
ANSWER: James Robert Ringrose, arrested in 1967.
And this one is really a laugh riot, har-d-har-har:
4. What Top Ten terrorist who was apprehended in 1995 said at his trial in New York City, "I am a terrorist, and I am proud of it"?
ANSWER: Ramzi Ahmed Yousef, who masterminded the 1993 World Trade Center bombing in New York and planned the bombing of an American airplane in the Far East, an act that was prevented. Judge Kevin Thomas Duffy of Manhattan's Federal District Court called him "an apostle of evil [who] wanted to kill for the thrill of killing human beings."

Bonus FBI Inanity 2: A Strengthened Partnership to Protect Children: Name that Sexual Predator! - That's the real name for the page - no foolin'. Frankly, I am somewhat disturbed when law enforcement agencies turn child abuse into a game.

UPDATE

Brother Dana has some observations here: Following The Chinese Way

Comments (3) + TrackBacks (0) | Category: Civil Liberties | Cryptography | Cybercrime | Internet | Privacy | Security | WiFi

Republic.Press

Email This Entry

Posted by Ernest Miller

The New York Times (reg. req.) reports on an amazing research finding - those who buy highly partisan books are likely to buy more highly partisan books! At least that is all I was able to get out of the article which hypes a rather pedestrian study (Study Finds a Nation of Polarized Readers). The article reports on a recent study by social networking guru Valdis Krebs. The study can be found here: Divided We Stand... Still. Would it kill the NY Times to include a link or URL? This study is a followup on an earlier report (Divided We Stand???) as well as a white paper on book networks (The Social Life of Books). From the study the NY Times is referring to:

From the New York Times Bestseller List, I selected political books as starting points for 'snowball sampling'. Two books are linked in the network if they were purchased by the same person -- "Customers who bought this book also bought: ". Many of the books have changed from last year but the overall pattern is the same. The pattern reveals two distinct clusters with dense internal ties. These political books are preaching to the converted. The extreme book titles on both sides reveal a focus on hate, instead of debate.

While interesting, just how surprising is this finding? First, the political books are selected from the New York Times Bestseller List. Not to knock bestseller lists, but what sort of books make it to the top? I doubt that audience-challenging, even-handed books of any complexity are likely to compete with simple-minded polemics that cater to existing prejudices.

Of course, if you are in market for buying partisan polemics, are you really interested in even-handed books? I would think it is sort of a self-selecting sample. That isn't the way Krebs looks at it though:

(Of course, it is always possible, he [Krebs] concedes, that undecided voters aren't reading political books at all, that they simply "can't stomach either side.")

My centrist political views may not be the norm, but I'm certainly not unique. I'm interested in real debate about issues, not simply confirmation of my own point of view. Consequently, I will no more spend money on Dude, Where's My Country? then on Deliver Us From Evil. Let's face it, most of these books are crap. All the rhetorical fallacies are there: straw man arguments, ad hominem attacks, and the ever-popular argumentum ad odium (argument directed to hatred), among others. Why would someone who is interested in honest debate be interested in these books? Maybe undecided voters are reading political books that, while less popular, are not partisan polemics.

Speaking of rhetorical fallacies ...

Mr. Krebs, who got similar results when he conducted the same experiment last year, calls this pattern the "echo chamber" effect: for the most part, he found, buyers of liberal books buy only other liberal books, while buyers of conservative books buy only other conservative books. This finding appears to buttress the argument made by Cass Sunstein, a law professor at the University of Chicago, in his influential study "Republic.com" (Princeton University Press, 2001) that contemporary media and the Internet have abetted a culture of polarization, in which people primarily seek out points of view to which they already subscribe.

Does this study really buttress the argument of Cass Sunstein in Republic.com? I don't think so. Sunstein was complaining about the potential of too much personalizing of sources of information through the internet, such as a "daily me" newspaper. His concern was with new technologies, in particular, their potential for individual customization. I don't really recall Sunstein concerned about dead tree media. Now, it may be that internet polarization (even assuming such a thing) is increasing polarization in other media, but this study provides absolutely no evidence of this fact. Call me crazy, but I rather suspect that partisan political polemics through the ages have mostly appealed to partisans and were seldom purchased by the partisans on the other side of the argument. For example, I don't think that many copies of the abolitionist The Liberator sold in the antebellum South.

Unfortunately, we don't have Amazon's databases for much of our history. If similar databases do exist it would be interesting to see if they show a similar pattern. I, for one, would be most surprised if they showed that McGovernites were frequent purchasers of Nixonian apologias.

Of course, if the study does support Sunstein's argument, perhaps we should extend his call to have links to dissenting viewpoints not only the internet, but in books. Perhaps Michael Moore's publisher could include blurbs for Bill O'Reilly's books in Moore's latest. Or perhaps Sunstein's publisher's page of reviews for Republic.com could include some reviews that might have disagreed with Sunstein's conclusions? Now that would be an unplanned encounter.

via Furdlog (but don't read him, because he and I agree frequently)

Comments (2) + TrackBacks (0) | Category: Blogging and Journalism | Culture | Freedom of Expression

March 13, 2004

Broadcatching Roundup

Email This Entry

Posted by Ernest Miller

Techdirt discusses how the mainstream press doesn't really seem to understand BitTorrent and is missing out on how much potential the system has (Distributed File Sharing Systems Learning From BitTorrent).

Broadband Reports also sees broadcatching as a potential disruptive technology (RSS & Bit Torrent: Content distribution gets interesting):

While illegal ideas abound, such as the instant download of every South Park episode the second it hits the net, the idea lends itself to a great number of ideas that could turn traditional distribution models on their heads, giving smaller operations a new opportunity for content distribution.

Teldar Paper, a Swedish blog in English, imagines BitTorrent and RSS as part of a nationwide, perhaps global, always-on grid (Living in always online land).

Prophecy Boy can't wait to see who the RIAA will sue first over a BitTorrent + RSS merger (RSS+BT = fun4all).

UPDATE

Random Rants has several posts following RSS + BitTorrent. See, P2P meets BitTorrent, Ye olde RSS & BitTorrent debate and RSS, BitTorrent & Tivo.

Comments (0) + TrackBacks (0) | Category: Broadcatching/Podcasting | File Sharing | RSS

March 12, 2004

First Broadcatching App Available! (And Related News)

Email This Entry

Posted by Ernest Miller

Andrew Grumet, who has been the leader in developing BitTorrent + RSS technology, has announced the arrival of the "an initial version of a RSS+BitTorrent integration tool for Radio Userland's news aggregator" (Announcement: RSS+BitTorrent Integrator for Radio Userland). Visit the project website here: Getting started with BitTorrent + RSS in Radio [BETA]. Grumet promises to write more about the idea in the coming days and asks for bug reports, comments and etc., here.

Damn the luck! I'm not a Radio Userland user - just might have to become one.

In related news, David Shipp writes about Chris Pirillo's IT Conversations interview (Chris Pirillo: March 1, 2004) in which Chris discusses the concept of BitTorrent + RSS (Future Web). Shipp summarizes thus:

Chris goes on to talk about the fusion of RSS and BitTorrent. This is where things get interesting and controversial. BitTorrent is an excellent technology for P2P downloads, and one of it’s emergent properties is that newly available files become widely available through BitTorrent far quicker than on traditional P2P networks. The disadvantage is that users have to trawl the web for BitTorrent pointer files that direct them to the downloads. He suggests that RSS can provide the delivery mechanism for these BitTorrent links, so for example, users can be presented with links to all the new episodes of their favourite TV series. Chris steps away from the legalities of the issue, and rightly so, but highlights the concept that RSS + BitTorrent is essentially a TiVo (or Sky+ for my fellow British).

Lucas Gonze is working on what I consider another element of broadcatching, RSS + Playlist Format, which he is calling RSS + Time (Analysis of RSS+Time as a playlist format). Exactly. Wouldn't it be great if one could receive a playlist from a trusted source in RSS format? The playlist would automatically play the songs already available on your system and launch a BitTorrent download of those not available.

Bonus: the RSS+Time format includes some primitive client-side remixing capability. I like to call this a remixing "recipe" (A History Palette for Music and The Grey Album - No Copying Necessary).

C|Net News reports on the public unveiling of Red Swoosh, a new P2P entrant which has adopted BitTorrent-like technology for distribution of large files for commercial companies (Legal P2P networks gaining ground):

In part, that's why the company's CEO is now reaching out to the broad community of people using BitTorrent, an underground file-trading application using similar technology that has exploded in popularity among people distributing or downloading video and software programs.
Red Swoosh CEO Travis Kalanick said he wants to tap that energy. He's offering free use of Red Swoosh's content distribution services to noncommercial filmmakers, game developers or other publishers.
"I don't want to fight BitTorrent," Kalanick said. "I want to have a relationship with that community. That's not just about cutting a deal; you have give to that community."

Interesting. I'll have to give a try (I hope they don't use spyware). Wonder when they will adopt broadcatching?

For more information on Broadcatching, see also:
BitTorrent + RSS = The New Broadcast
Broadcatching - Not Broadcasting
Broadcatching - The Early Days
RSS + BitTorrent Announcement Soon?
BitTorrent, RSS and Broadcatching, Catching On

Comments (2) + TrackBacks (0) | Category: Broadcatching/Podcasting | File Sharing | RSS

Ricin Patent Removed from PTO Database?

Email This Entry

Posted by Ernest Miller

Security expert Bruce Schneier has written to blogger and Mercury News technology columnist Dan Gillmor about a patent that seems to be missing from the online US database ('Dangerous' Patent Removed from Database?). He quotes Schneier:

In October 1962, the U.S. Patent Office granted patent 3,060,165 regarding the use of ricin as a biological weapon. Published patents are, of course, publicly available. That's the point.
All US patents are available from the USPTO website: "full-text since 1976, full-page images since 1790." However, for some reason, this particular patent is no longer in the database:
Clicking on "Images" only produces a "Patent not found" image.
The patent is still available in foreign databases, so it seems like a rather futile exercise if the removal was due to concerns about knowledge of WMDs.
This hiding of public information is just the sort of thing we need to fight against. If the bad guys can get a copy of the patent without any trouble, how is this helping?

You can read the three-page patent here: Ricin Patent [PDF].

I wonder if the missing patent has anything to do with a sensationalistic investigative report from NY television station WABC in February of last year that chided the Patent Office for making the patent available (Investigators: Anyone Can Get The Recipe For A Bio-Terror Weapon More Deadly Than Cyanide):

The day before the Secretary of State warned the world about the threat of terrorist ricin attack, I was undercover at the nation's US Patent Office. There, a simple word search on its public computer yielded meticulously detailed instructions on how to make the purest, deadliest form of the poison.

Yeah, like terrorists are going to go to the US Patent Office to do research on biological weapons.

The concern is so great that Ricin will get into the wrong hands the FBI has issued an alert to all law enforcement agencies. Yet just a few miles from the bureau headquarters in the nation's capitol, the US Patent Office allows anyone to get a copy of the Ricin recipe for just 25 cents a page.

Ooookaaay. This is a threat vector we should be worried about because? Anyway, all this sensationalism leads to bogus calls for "increased security."

New York's senior senator says in the interest of national security, the US Army patent needs to be removed from the public domain immediately.
Senator Charles Schumer, New York (D): "For the FBI to be putting out an alert against Ricin and then for the Commerce Department to have this on their computer so anybody can walk in and figure out how to make it, makes the average citizen scratch their head and think, 'What the heck is going on down there in Washington?'

Rest assured Senator, the lack of the patent in the US database means that terrorists will never be able to figure out how to make ricin because even web-savvy bloggers can't get the information very easily .... ooops. Never mind.

Comments (3) + TrackBacks (0) | Category: Civil Liberties | Patent

March 11, 2004

More Thoughts on EFF's Filesharing Plan

Email This Entry

Posted by Ernest Miller

I think that EFF's proposed filesharing plan, A Better Way Forward: Voluntary Collective Licensing of Music File Sharing, is definitely a step forward in the discussion, but as I've discussed in this space before, I still have a few concerns about its success. See, Thoughts on the EFF P2P Solution White Paper and Victory for EFF Creates Problems for EFF's Filesharing Solution. Two recent articles raise further concerns.

Broadband Price Sensitivity

C|Net News has published a commentary from Forrester Research regarding broadband pricing (In broadband game, price beats speed). The study shows a high degree of price sensitivity for broadband subscribers, who favor slower DSL connections at $10-$20 less per month than higher speed cable broadband:

  • Today's broadband adopters are more price-sensitive. Two factors motivate new subscribers the most: Being offered a discount package of broadband and other services, and the loss of free dial-up service. With 43 percent of new subscribers motivated by a discount package, that motivation now exceeds the promise of greater speed for multimedia.
  • Tomorrow's adopters will be even more mainstream. Recent broadband subscribers are lower-income and less technology-optimistic than more tenured ones--exactly the types of consumers who are more price-sensitive and need less speed. This trend will continue: Consumers who plan to sign up for broadband in the next year will be even lower-income and no more technology-optimistic than today's new subscribers and will continue to prioritize price over speed.

This may mean additional difficulty in convincing ISPs to adopt blanket licenses for their customers that would add ~$5/month to their bills. Many of the mainstream broadband subscribers aren't going to be very interested in filesharing and will likely prefer to opt for an ISP that is cheaper and doesn't automatically incorporate the proposed music license. Free riders, who want to download without uploading, will also tend to choose the cheaper ISPs. Of course, ISPs that do adopt the blanket licenses get a double bandwidth whammy, since much of the downloading will be coming from them and not from the non-music-licensed ISPs.

Audible Magic for Artist Compensation Measurements

EFF's Ren Bucholz on his Trubble blog ("your cultural bloodbank"), writes about the potential for Audible Magic's music fingerprinting technology (which is being touted by the RIAA as a P2P filter) to be used to "interoperate with relatively open networks to determine fair compensation for artists" (Acoustic Fingerprinting and the Future of P2P). In other words, the technology would be great for Nielsen-like measurement of file transfers on P2P networks, which could then be used to help determine artist compensation. Indeed. However, this creates a Catch-22 for any P2P software company that implements this.

As I discussed earlier (Audible Magic's Sleight of Hand) with Derek Slater (Spin on Audible Magic), Audible Magic-style filtering (or compensation measurement) requires some element of centralization in order for the system to work. The P2P client has to send information (such as the music's "fingerprint") to the central Audible Magic servers for checking/recording.

Unfortunately, centralization of this sort leads to liability for P2P companies under the Napster doctrine, see EFF's What Peer-to-Peer Developers Need to Know about Copyright Law. Having set up Audible Magic to record file transfers for artist compensation, it is likely that P2P companies would be further burdened to use Audible Magic-like technology to filter video files, photos, software and other file types frequently shared via P2P.

This is an inherent problem for EFF's solution. Any P2P software company that incorporates centralized elements to facilitate musician compensation may consequently find themselves vulnerable to lawsuits from photographers, programmers and the MPAA.

Comments (0) + TrackBacks (0) | Category: File Sharing

Library Surveillance in Garden Grove

Email This Entry

Posted by Ernest Miller

Findlaw's Modern Practice's Anita Ramasastry has written a column on the recent California appellate decision upholding the city of Garden Grove's requirement that cybercafes maintain surveillance cameras (Can a City Require Surveillance Cameras in Cybercafes?). She is disapproving of the decision and cites the dissent's comparison of Garden Grove's actions with those of dictatorial governments. I've written on the decision extensively here: CyberCafe Ordinance Decision - First Amendment Victory - Privacy Defeat.

via Ernie the Attorney, whose response to this privacy invasion is incredulity

Comments (0) + TrackBacks (0) | Category: CyberCafes | Freedom of Expression | Privacy

Something's Gotta be Done About the Beatles

Email This Entry

Posted by Ernest Miller

Riffing off the Grey Album controversy, Pop Matters columnist Devon Powers writes a lyrical column that implicitly makes the argument for much shorter copyright terms without delving into legalities and economic arguments (Life Goes On). She may even have come up with a new rallying cry to go along with "Free the Mouse":

Something's gotta be done about the Beatles.

Her argument is that too-extensive copyright kills and mummifies culture, our culture, turning cultural touchstones into mere nostalgia:

[T]here's also a deafening cultural silence around the Beatles. Despite being one of the most influential recording acts in history, the Beatles do not allow their music to be sampled... And the Beatles aren't the only act; the collusion of exorbinant fees and copyright censure has made many of the musicians with the loudest cultural resonance into those whose music is only heard today as an echo from the past.
....But to me, it is beyond question that it is certainly time to free ourselves of the cultural nostalgia and legal stagnation that have allowed their music to fossilize. Music journalists must -- and important writing in Rolling Stone, New York Times, and other prominent publications already has -- applaud Danger Mouse's astounding artistic accomplishment, and let their critical praise become part of the discussion about what's at stake as copyright goes awry. And for all of us who hold music dear, we owe it to ourselves to not only let our musical past footnote our musical present, but also allow that past to live and breathe, change and reform, disappear and reappear in unexpected ways.

Indeed. Reading this column I can't help but think, "why not return to the original copyright term of 28 years?" That is approximately a single generation, which would mean that every new generation would be permitted to work with and reimagine the past, introducing older works to a newer audience. As Paul wrote and Devon reiterates: "La, la, la, la, life goes on."

via Sivacracy

PS See also, Powers' review of The King of France, a band I had the pleasure of hearing for the first time in New Haven (The Band That Will Be King).

Comments (0) + TrackBacks (0) | Category: Copyright | Culture | File Sharing

March 10, 2004

BitTorrent, RSS and Broadcatching, Catching On

Email This Entry

Posted by Ernest Miller

Bad pun, I know. So sue me.

Today I've come across a couple of posts relating to the revolutionary idea of Broadcatching, that is, using RSS and BitTorrent as a new distribution channel.

A new blog, Outside the System, authored by an indie media producer, discusses in detail how broadcatching could be an alternate distribution channel for movies (BitTorrent + RSS = Broadcatching):

These margins and the edges of cost and value are a hamper on the real blossoming of video distribution on the Web, and can only be aggregated so far out of the way. P2P swarming technology is the only current viable route to break that stalemate by spreading at least part of the costs away from your own bandwidth pipe, but under a system like BitTorrent that's only really useful if there are a lot of people with fully download copies to swarm from (so you have a classic tipping point model of efficiency.) Promotion preceeds adoption preceeds efficiency.
The brilliance of an RSS approach, though, is that it builds in at least two important features that BitTorrent alone doesn't address. First, it provides a method of propogation through editorial filters -- a successful editor picking new BitTorrent works could help create an instant rush to the tipping point, in the process decreasing the cost of bandwidth on each copy. Second, it turns BitTorrent into a subscription system, one where your system automatically collects new content of a large size overnight (for example.)

Read the post for a concrete example of how expensive traditional internet distribution is and how broadcatching can alleviate this problem.

The film used as an example, because the author of the post executive produced it, is Nothing So Strange , which documents the aftermath of the assassination of Microsoft's chairman Bill Gates on December 2, 1999. Bonus cool factor: Bill Gates Assassination Film Goes "Open Source," Releases "Evidence" DVD:

"Nothing So Strange" will be released under a license that allows all of the "source" footage of the movie to be used without restriction, in personal or commercial projects, but keeps the actual film as created by the filmmaker under copyright. "You have free access to all the parts of the movie," said Flemming. "But you can't just copy our version of it--you have to make your own original work with the various parts."

Waxy.org pointed me to a collection of links to blogs that post MP3 files (mp3 blogs/rotation etc.). For example:

Could it be more obvious that MP3 blogs would benefit from broadcatching?

For more information on Broadcatching, see also:
BitTorrent + RSS = The New Broadcast
Broadcatching - Not Broadcasting
Broadcatching - The Early Days
RSS + BitTorrent Announcement Soon?

Comments (3) + TrackBacks (0) | Category: Blogging and Journalism | Broadcatching/Podcasting | File Sharing | RSS

Xerox PARC Founder George Pake (1924 - 2004)

Email This Entry

Posted by Ernest Miller

George Pake, scientist and founder of Xerox PARC, has died (PARC founder George Pake dies):

Pake led the research lab from its inception in 1970 until 1978, then moved on to oversee Xerox's corporate research from 1978 until 1986. PARC helped pioneer research into many key technologies, including laser printing, Ethernet, graphical user interfaces and client-server computing.

Comments (3) + TrackBacks (0) | Category: News

Infoworld's RSS Tipping Point

Email This Entry

Posted by Ernest Miller

Infoworld's Chad Dickerson blogs about RSS becoming more popular than HTTP for Infoworld readers (RSS tipping point):

Ever since we began publishing RSS feeds at InfoWorld, the requests for our home page had always exceeded requests for our Top News RSS feed. Not any more. Over the past several weeks, requests for InfoWorld's Top News RSS feed have regularly exceeded the requests for our home page. This has been going on long enough now that we're certain that it's permanent. I think it's a big deal.

See also, Doc Searls (Publishing 2.0).

RSS, good stuff.

Comments (0) + TrackBacks (0) | Category: RSS

Napster's New Music Delivery Service, Not So New, Not Efficient

Email This Entry

Posted by Ernest Miller

The Washington Post (reg. req.) has published a Reuters wirestory on the use of local caching (this is new?) by Napster for the delivery of their streams and downloads (Napster, IBM Unveil New Music Delivery System):

The most popular tracks in the Napster system are stored locally, enabling customers like The University of Rochester and Penn State University, to reduce their computing infrastructure's vulnerability to overuse.

Hmmmm ... but how effective is this overall? After all, Napster supports a streaming model, where the same song can be streamed over and over again to the same listener. That's an efficient use of bandwidth, not.

And why does IBM have to be involved? Why not structure the downloads through something like BitTorrent where the student's computers carry most of the load?

via Furdlog

UPDATE

More at C|Net News (Napster, IBM aim to save cache).

Comments (1) + TrackBacks (0) | Category: File Sharing

FCC Indecency Rulings Politically Determined?

Email This Entry

Posted by Ernest Miller

If you care about freedom of expression, go read the latest Jeff Jarvis on the whole FCC/indecency mess (The daily Stern - March 10, 2004). This especially ticks me off:

Howard Stern's source in the FCC tells him today that there have been meetings at a high-level in the agency strategizing when to fine Stern based on the impact it would have on the election of George Bush. Some argue that fining him now will make him a martyr and help him rally voters against Bush; others say not fining him will make him look like a boy who cried wolf; others say they should get rid of Stern now because, to their surprise, much of his audience does vote. and he can have an impact on the election.
If that is true, that that could not be a clearer violation of the First Amendment: an agency of government using fines for political ends to affect political speech.
If that is true, if any such discussion occurred in the agency, then they should be hauled before Congress or courts right now.

Amen!

There is much, much more from Jarvis. Read it all.

Comments (0) + TrackBacks (0) | Category: Freedom of Expression | Telecomm

FCC Sued Over Broadcast Flag - Yay!

Email This Entry

Posted by Ernest Miller

The big news this morning is that EFF, Public Knowledge, Consumer Federation of America, Consumers Union and five library associations led by the American Library Association have filed a lawsuit against the FCC to block the broadcast flag. Read the press release: FCC Faces Suit on Regulation of Digital Broadcast Television. Read the statement of issues: ALA v. FCC, Statement of Issues [PDF].

The only document available is really quite short with only four issues raised:

1) Whether the Commission exceeded its statutory authority under the Act [Communications Act of 1934, which created the FCC] by imposing content redistribution control regulations on equipment manufacturers, including without limitation, whether the Commission erred in interpreting the scope of its ancillary jurisdiction under the Act.
2) Whether the Commission exceeded its jurisdiction by establishing a regulatory scheme that restricts the copying of copyrighted content even though the Commission has not been given any such authority by the copyright laws.
3) Whether the Commission's decision to prescribe the broadcast flag and other findings in the proceeding were supported by substantial evidence in the record, including without limitation, evidence of the the need for the broadcast flag and its costs and benefits.
3) [sic] Whether the Commission acted arbitrarily and capriciously in violation of the Administrative Procedure Act in concluding that the broadcast flag was an appropriate method of DTV broadcast content protection given the acknowledged weakness of broadcast flag technology and the costs and benefits of the broadcast flag.

Unfortunately the third and fourth issues are really longshots. Government agencies have much discretion in these sorts of decisions. Even if their logic is seriously flawed, they generally get away with making bad calls.

However, the statutory authority questions are much stronger. Without more documentation, I can't really judge them, but if the broadcast flag is blocked, it will likely be because the FCC doesn't have the authority to require it.

Here's hoping the lawsuit does succeed!

Comments (2) + TrackBacks (0) | Category: Broadcast Flag

APEX's New Networked DVD Player

Email This Entry

Posted by Ernest Miller

APEX Digital, makers of famously inexpensive DVD players, is launching its first networked DVD player (APEX AD-8000N Connected DVD Player). The new device will not only play DVDs, but will be able to play files stored on a local computer, such as those movies you downloaded (legitimately, of course). APEX devices have also been famously hackable (Apex/Hiteker DVD Hacking Pages). How hard will it be and how long will it take for hackers to figure out a way to backup your DVDs on computer through the new APEX AD-8000N?

via engadget

Comments (0) + TrackBacks (0) | Category: Digital Millennium Copyright Act | Tools

Why the ala Carte Music Model is Doomed

Email This Entry

Posted by Ernest Miller

It costs $499 to buy a new 40G iPod.
It costs $10,730 to fill it with songs purchased online at 99 cents each.

via DocBug

Anonymous blogger Cypherpunk argues that:

The thing is that this factoid is not as meaningful as it sounds. The iPod just holds music, and there's no significance in how its price compares to the price of the music you buy. I'm looking at my CD shelf unit, which probably cost about $40, and is holding maybe 200-250 CD's, probably about $4000 worth. Is there any cosmic significance in the fact that I could buy a shelf for only $40 that would cost 100 times that to fill with music? I don't think so. And the same is true for the iPod.

Here's the thing, though. Generally, people won't buy a shelf that can hold 1,000 albums unless they already own or expect to own 1,000 albums. Instead people by a shelf for 40, 100, or 250 albums, what they own or what they expect to own. Having so much storage changes people's expectations. If you have a lot of bookshelves you are going to fill them with something (might not be books). When you buy a 40G iPod, you are going to expect to use a substantial amount of that storage for music.

I also believe that the nature of MP3 players also increase expectations. When I could only listen to a CD in my car I knew that, physically, there was a limited number of CDs that I could bring or listen to. Even when I listened, I could only listen to a single CD at a time (and I am pretty lazy about switching them - I generally only did it at the start of a trip). Now, my expectation is that I will listen to an extensive playlist, not more than a hundred songs or so in reality, but my expectation is that the playlist is essentially unlimited. "Why shouldn't I have access to all music at my fingertips" my expectations tell me.

Apple is selling lots of 40G iPods to people who don't have 500, 800 or 1,000 albums. Apple and its MP3 player competitors are deliberately raising people's expectations about how much music they should own, and those expectations will continue to increase.

What this factoid points out is that at current ala carte prices these expectations are entirely unrealistic. Something's got to give. I don't think that it will be digital storage in which advances continue to outpace Moore's Law. I don't think it will be people's expectations. Thus, it is going to have to be the ala carte pricing point. However, I think the only realistic ala carte pricing point is going to be in the micropayments realm, which is unlikely to work. Thus, a subscription-based model will be the only likely, voluntary solution.

Comments (5) + TrackBacks (0) | Category: File Sharing

Dangermouse, the Jay-Z Construction Set and the Videogame Content Creation Model

Email This Entry

Posted by Ernest Miller

DJ Dangermouse's release of the controversial Grey Album has brought the question of reusing and remixing content to the forefront. Now, another group has taken the next logical step and released the Jay-Z Construction Set:

The Jay-Z Construction Set is a toolkit with all of the necessary software and raw material to create a new remix of Jay-Z's Black Album. It includes nine different variations on the Black Album, over 1200 clip art images, and a couple hundred meg of classic samples and breaks. The Jay-Z Construction Set is available on-line through filesharing networks and protocols such as BitTorrent.

This collection of material is certainly a violation of copyright, yet it points the way to a much richer vision for culture. I would hope that, in the near future, artists and publishers will see the value of releasing not only polished works, but the bits and parts used to create a work, including those parts that were rejected.

This is good not only for fanboy obsessives, but could serve to train people's musical ears, helping them hear the difference between different mixes of music. It would obviously be a boon to unexperienced musicians who could learn much from the choices other musicians and producers make. DJs would certainly have more opportunity to creatively add to the originals with this sort of access. And, likely, such efforts would help identify new talent.

Combine this with a system that permits "recipe" mixes as I've written about before (A History Palette for Music and The Grey Album - No Copying Necessary) and there is no danger of the artists and producers losing money. Indeed, such a model has already been quite successful in another media - videogames.

Many videogames permit players to create new content for the game engine, such as levels, maps and mods. This new content is freely distributable (at least for noncommercial purposes) and frequently incorporates content created by the original game designer along with new user-created content. This has been incredibly successful for videogame companies. The more content there is, the more popular the game becomes. The ability to create and add content creates feverish and committed communities of fans for a game. Imagine if musicians had such communities working for them.

The videogame model works for the game companies for a couple of reasons, but could also work for music companies:

1) You need to purchase the game engine for the content to be useful. In my recipe model, the mixing software that recreates the mix from the recipe would serve this role. However, it wouldn't be a significant revenue stream for the artist.

2) Often, the levels, maps and mods created by fans include content originally created by the game creator and shipped as part of the game engine. The shared levels and maps generally don't include copies of this content, since it is assumed that the downloaders already have the content and it saves on file size. In essence, many of these shared levels are what I would call "recipes" that remix the existing content in the game. Of course, there are full mods with entirely new content, but those are relatively rare (though they can be extremely popular and creative). Here is where the music recipe model can compensate the artist. In order to create the remixed version of the music, a downloader of the recipe file is going to have to have access to the original works, which, presumably, would be paid for in some manner through a legal download system.

Of course, the Jay-Z Construction Set points to an advantage for musicians that game companies don't share. Generally, game companies don't really have the luxury of shipping alternate takes on a level or unfinalized content for the game. However, when a musician releases a wide variety of takes and alternates, which were created organically, they create a much richer ore that remixers can mine. The more material you release, the more things people can do with it, which means the more people will want it. Heck, musicians might eventually ship only the construction set along with their favored recipes.

In a related note, Furdlog pointed out a brief Billboard interview with DJ Dangermouse (Danger Mouse Speaks Out On 'Grey Album')

Comments (8) + TrackBacks (0) | Category: Copyright | Culture | File Sharing | Games

Sen. Hollings Opposes Television/Flag Violence

Email This Entry

Posted by Ernest Miller

Senator Fritz Hollings (D - SC), aka "the Senator from Disney", has for the seventh time introduced legislation against television violence (Hollings’ TV Violence "Safe Harbor" Legislation Approved by Commerce Committee). Read the summary of the bill here: BACKGROUND: Senator Hollings' TV Violence "Safe Harbor" Legislation, which claims, among other things, that:

The legislation is narrowly targeted to comply with Constitutional scrutiny. The "safe harbor" legislation does not prevent broadcasters from offering violent programming. It simply directs those programs to hours when most children are not watching – the same way the FCC treats "indecent" programming today. Courts have upheld the regulation of indecency, and furthermore, Attorney General Janet Reno and several Constitutional scholars have testified that the "Children's Protection from Violent Programming Act" would be "constitutionally permissible." If children can be constitutionally protected from indecent material, they should also be protected from gratuitous violence.

Since the Senator is retiring I doubt we will have to worry about this never-gonna-pass legislation being introduced an eighth time.

Perhaps he can append the legislation to the flag burning amendment, which Hollings has voted for in its previous incarnations. The Hartford Courant (reg. req.) editorializes about this ridiculous assault on freedom of expression here: Has Anyone Seen A Flag Burn?:

In reality, the flag-burning amendment is a solution in search of a problem. Does anyone remember seeing flag desecration recently? Ever? Such deplorable incidents are rare, and can be handled with local vandalism laws unless the desecrator owns the flag in question.

via Buzzmachine and How Appealing

Comments (0) + TrackBacks (0) | Category: Freedom of Expression

March 09, 2004

Telecomm Regulation Encourages Media Consolidation

Email This Entry

Posted by Ernest Miller

The Street has an article on what is becoming an increasingly common occurence: disputes between content creators and cable/satellite distributors that result in loss of signal for consumers (EchoStar Tiff Tarnishes Content's Crown). In this case, content provider Viacom (home of CBS, Comedy Central, MTV, Nickelodeon and others) is facing off with satellite distributor EchoStar. The issue isn't so much about price apparently, as about whether EchoStar will be forced to carry Viacom's less popular channels in order to distribute Viacom's more popular channels.

The balance of power in this case is probably with Viacom, according to analysts. Viacom has enough power through its collection of popular channels that it can essentially force EchoStar to take the unpopular channels, otherwise Viacom will withhold the popular channels and viewers will be upset with EchoStar.

The logic of this situation for content creators is to merge, merge and merge, so that they have similar negotiating power with regard to distributors. The logic of this situation for distributors is to buy content creators so that they have the power over other content creators. In other words, both sides are put under pressure to achieve more media consolidation.

One way out of this vicious circle is to structure telecomm regulation so that distributors such as cable companies, satellite and broadcast are regulated as common carriers. Viacom would not be able to force unpopular channels on the distributor, rather, bandwidth would be allocated based on neutral, transparent rules. This would certainly decrease the content creators' incentives to consolidate and remove the distributor's incentives entirely.

The problem isn't an irrational desire for consolidation, the problem is a regulatory scheme that encourages consolidation.

via Techdirt

Comments (10) + TrackBacks (0) | Category: Open Access | Telecomm

Information Cannot Be 0wn3d

Email This Entry

Posted by Ernest Miller

John Palfrey uses his blog to summarize what sounds like an extremely interesting lecture by a visiting scholar to the Berkman Center (Prof. Jean Nicolas Druey: "Information Cannot be Owned"). The post is somewhat unclear, but it seems to be an attack on the "property" concept of information and that what is important is not regulations of the substance of the communication, but rather, regulation of the channel of communication.

Hmmm ... I would definitely like to know more. Seems very similar to what I've been saying for a few years now, such as:

It's Freedom of the Press, Stupid
It's All About the Distribution, Stupid

Comments (0) + TrackBacks (0) | Category: Civil Liberties | Copyright | Freedom of Expression | Open Access

Intel on the "Server in the Closet"

Email This Entry

Posted by Ernest Miller

Well, just after I posted the last article on "Technology Advances for 'Server in the Closet'," I came across a recent speech by an Intel honcho on the subject. Louis Burns is Vice President, General Manager, Desktop Platforms Group for Intel and he goes into some depth about where Intel thinks these things are going (Intel Developer Forum, Spring 2004 - Louis Burns Keynote).

Surprisingly, the speech is really quite good at describing the potential for such devices and Burns seems to almost get it. I highly recommend reading the full article.

The basic concept is straightforward: "It's simply giving users what they want, any content on any device, anywhere in their home. Simple to say, difficult to do, but exactly what they're asking us for." Unfortunately, implementation is not straightforward, especially when you try to accomplish two opposed things at the same time, such as implementing DRM and making things easy and transparent to connect to each other. For example, Intel is sucking up to the MPAA:

We talked earlier, it really has to deliver on what we call premium movie content. Doing your own personal pictures or videos is cool, but we need premium movie content.
So with that in mind, we've been working very closely with Movielink. Movielink is one of the first movers, the fast movers on delivering premium movie content through the IP network.

Yeah, integrated DRM, that is what consumers want. That will make it easy to get content on any device, anywhere.

The other problem is that Burns shorts the potential for content creation and sharing outside the home. Near the end of the speech he devotes two whole paragraphs to the idea of consumers creating content. The example he uses, organizing and manipulating your digital photos, is pretty lame given the incredible possibilities. There is also little talk about how one would then share their creations in an effective, efficient way.

Still, this is an important vision statement from Intel.

via PVR Blog

Comments (0) + TrackBacks (0) | Category: Digital Rights Management | Tools

Technology Advances for "Server in the Closet"

Email This Entry

Posted by Ernest Miller

I've always thought that one of the forms that convergence will ultimately take is the "server in the closet," a device that stores media for access/display throughout the home as well as handling some, but not all computing tasks (Longhorn and the Server in the Closet). Although such technology is available today, simple consumer-oriented versions are several years off, at least. Still, I like to keep an eye on this stuff. C|Net News has a couple of articles about enterprise technology advances in this area. Though the technology is aimed for the enterprise, I imagine it running my own home network.

In "Faster Fujitsu drive plays catch-up" we see still yet more advances for serious storage/performance hard drives:

The 300GB hard-disk drive will let customers build storage systems with "significant enterprise storage capacity with a focus on cost-effective performance," Joel Hagberg, vice president for marketing at Fujitsu Computer Products of America, said in a statement.

I think, mom and dad can watch stored versions of Law and Order, while the kids stream South Park and the latest music.

There are also a couple of interesting articles on blade servers (Blade PC company links up with IBM and HP to put blade servers on a diet). The first article discusses blade PC technology, where the display, keyboard and network connection are the only thing the user needs ... the PC is stored in the closet. The second article talks about storing more blade servers in less space. For many consumers, space is certainly a consideration.

This stuff is in no way ready for the consumer. But I can dream, can't I?

Comments (0) + TrackBacks (0) | Category: Tools

Victory for EFF Creates Problems for EFF's Filesharing Solution

Email This Entry

Posted by Ernest Miller

WIRED is reporting that a Pennsylvania Federal judge has ordered the RIAA lawsuit charging 203 Comcast subscribers with copyright infringement be broken up into 203 separate lawsuits (One File Swapper, One Lawsuit). Read EFF's press release, which goes into a little more detail and provides updates on other similarly situated cases in other jurisdictions (Case Update: Pennsylvania Court Orders Record Industry to File 203 Separate Lawsuits).

This is certainly a victory for the rights of those accused of copyright infringement, providing a high degree of protection to those who may have been falsely accused. It also greatly complicates the ability of copyright owners to prosecute wide spread infringement and places a greater burden on our court system. A reasonable tradeoff, but it also has other effects as well. For example, it also makes it almost impossible to enforce EFF's voluntary collective music licensing scheme on an individual basis (A Better Way Forward: Voluntary Collective Licensing of Music File Sharing).

As I discussed in my initial comments on EFF's white paper, the greatest problem with the proposal is that the enforcement mechanism is weak (Thoughts on the EFF P2P Solution White Paper). In short, why would the majority of filesharers pay $5/month when they can get everything free from the minority of people who do pay? This latest victory, however, makes EFF's position virtually impossible to enforce on an individual basis. What this means is that, unless an ISP or college or similar organization buys a blanket license for its customers, there will be no way to tell who is an authorized filesharer without initiating an individualized lawsuit.

Here's an example: Filesharer A belongs to an ISP that does not force a blanket EFF-style voluntary license on its customers. Therefore, Filesharer A (a pretty good guy) buys an individual license from whatever organization provides them and begins filesharing via the ISP. However, using the same ISP is Filesharer B, who thinks copyright is for the birds and does not buy a license. Since the ISP uses dynamic IP addressing, how in the world will the licensing organization know (since Filesharer A and B can use whatever software they want) which is licensed and which is not? The licensing organization could ask the ISP, but the ISP will tell them that they won't violate their customer's privacy. Under the Pennsylvania decision, the licensing organization would have to launch two lawsuits to determine the identity of the illicit filesharer. Of course, one of the lawsuits would be bogus and quickly dropped by the licensing organization, but what a waste of time and effort. Multiply this situation by a few thousand, at least. Does EFF's enforcement mechanism in their white paper make any sense?

Comments (7) + TrackBacks (0) | Category: File Sharing

E Ink E Book Reader Soon

Email This Entry

Posted by Ernest Miller

MIT's Technology Review (reg. req.) reports on a new e-book reader that uses digital ink from E Ink (Dazzling Display):

E-book readers—handhelds that display the contents of book files downloaded from the Internet—just got a whole lot more readable. Philips Electronics and Cambridge, MA-based E Ink have developed a prototype electronic display that looks like paper and ink, not a dim, fuzzy screen. The device uses E Ink’s tiny fluid-filled balls containing oppositely charged black and white particles, which are layered in a thin film on a sheet of plastic or glass. Connecting this film to electronics allows the reader to display text and graphics by controlling the voltage across each ball, determining whether it appears black or white. The result: higher contrast than newspapers and better resolution than laptop screens. The 15-centimeter-diagonal display is about half the weight and thickness of comparable liquid-crystal readers. It has been in the works for a few years, but this is the first version that is ready for commercial production. Look for the new readers to hit shelves later this year.

E Ink has been one of those promising technologies that has been just around the corner for the past decade or so. Its display quality is superior to LCDs, it is lighter, can be applied to a variety of surfaces, its power requirements are lower and it can retain an image even with no power supplied. As Teleread says, E Ink is "tantalizingly close to paper."

I'll wait until I play with one myself, but this does seem to be a major step forward. If E Ink acheives its potential it would likely lead to a major change in how humans relate to text. Not to mention all the interesting e-book filesharing discussions that will inevitably follow.

via engadget

Comments (0) + TrackBacks (0) | Category: File Sharing | Tools

March 08, 2004

Klingon is Copyrighted

Email This Entry

Posted by Ernest Miller

Seriously, (Klingon - FAQ - 2.12 Can someone give me a list of all the Klingon words?):

This is an understandable question, considering the (increasingly) large number of canon sources for Klingon. But the problem is, the Klingon language belongs to Paramount; it's copyrighted. If someone started distributing lists of Klingon words (or descriptions of grammar, etc.), then Paramount might view this as competition for the legitimate sale of their own products, which would be A Bad Thing.

You'll have to buy the authorized Klingon Dictionary if you are interested in learning the language, or work with the Klingon Language Institute, which is licensed.

However, can you really copyright a language? You can copyright a dictionary, certainly, but can you copyright grammar? I'm not sure you can copyright grammar at all, since it is a set of rules regarding word usage. Grammar is an idea, that can probably only be expressed in a fairly limited number of ways, even if fanciful.

Additionally, each Klingon word would seem to be too short to qualify as copyrightable individually. I don't think that a list of words in a dictionary format would be copyrightable under Feist. So, I'm not sure at all how one could copyright a language. The individual descriptions of the words might be copyrightable, but as long as they aren't exact copies, the idea/expression dichotomy should provide only limited copyright protection to Paramount.

Of course, even if you could copyright the "language," what if you "reverse-engineered" that language from the many web postings in Klingon (such as Klingon translations of Shakespeare, Kafka and Aesop)?

Warning: Unauthorized decoding of a ngoqDe can lead to a meqba' where you may be found guilty of DavHam. You don't want to mess with Paramount Pictures.

via BoingBoing

Comments (8) + TrackBacks (0) | Category: Copyright

Berkman Center Should Talk to Shorenstein Center About DMCA

Email This Entry

Posted by Ernest Miller

Filtering software bete noir and DMCA expert Seth Finkelstein has two good posts on his Infothought blog regarding the DMCA, PDFs and reports about blogging. In the first (Making Fair Use of the Report on "Big Media" Meets The "Bloggers"), Seth links to Dowbrigade News, which had noted the irony of a report about bloggers available on the internet not being easily copyable (The Devil Is in the Details):

It [the report] is available as a free download .pdf from the Shorenstein. The weird thing is the extent to which the authors have gone to make sure this milestone article in the academic history of the Blogosphere is unbloggable. Excerpts or selections of the text cannot be saved, or copied and pasted. The document cannot be converted to another format or saved as anything else. The words "Not to be Copied" in 92-point faded-shit brown watermark letters are splayed diagonally across each and every page.

Seth, being smart, knows how to decrypt the relatively trivial encryption scheme used for the PDF. Of course, he also realizes that doing so would definitely violate the DMCA. Seth, being clever, knows that there are often other ways around DRM and provides a couple of means of circumventing the copy protection that, arguably, won't get Seth into trouble for violating the DMCA.

In a follow-up post, he goes into a little more detail how the DMCA operates with regard to circumvention (PDF, DMCA, and "Do Not Remove This Tag Under Penalty Of Law"). Once you have printed an encrypted PDF document to a file, which the Shorenstein paper permitted, the only "protection" for the document is the following code:

% Removing the following eight lines is illegal, subject to the Digital Copyright Act of 1998. mark currentfile eexec 54dc5232e897cbaaa7584b7da7c23a6c59e7451851159cdbf40334cc2600 30036a856fabb196b3ddab71514d79106c969797b119ae4379c5ac9b7318 33471fc81a8e4b87bac59f7003cddaebea2a741c4e80818b4b136660994b 18a85d6b60e3c6b57cc0815fe834bc82704ac2caf0b6e228ce1b2218c8c7 67e87aef6db14cd38dda844c855b4e9c46d510cab8fdaa521d67cbb83ee1 af966cc79653b9aca2a5f91f908bbd3f06ecc0c940097ec77e210e6184dc 2f5777aacfc6907d43f1edb490a2a89c9af5b90ff126c0c3c5da9ae99f59 d47040be1c0336205bf3c6169b1b01cd78f922ec384cd0fcab955c0c20de 000000000000000000000000000000000000000000000000000000000000 cleartomark

As Seth notes, under the DMCA, it is plausible reading of the statutes that removing those lines from the code is a violation of federal law.

The report, which discusses the blogosphere's role in the Trent Lott affair is available here: "Big Media" Meets the "Bloggers" [Fair Use Inhibited PDF]. Perhaps someone from the Berkman Center should discuss some of the issues involved with using fair-use inhibited file formats with the Shorenstein Center.

Comments (0) + TrackBacks (0) | Category: Digital Millennium Copyright Act

RSS + BitTorrent Announcement Soon?

Email This Entry

Posted by Ernest Miller

On Dave Winer's test site there is this notice (Dear Bay Area friends...):

PS: Murphy-willing Andrew Grumet will have something exciting to announce that connects RSS with another nominee, in the same category: BitTorrent. We're very excited about combining syndication with BMO's. It would be cool to make the announcement on the day of the award ceremony [WIRED Rave Awards], March 15.
PPS: BMO stands for Big Media Object.

Comments (0) + TrackBacks (0) | Category: Broadcatching/Podcasting | File Sharing | RSS

March 06, 2004

Broadcatching - The Early Days

Email This Entry

Posted by Ernest Miller

Andrew Grumet is blogging about the practical steps towards making BitTorrent and RSS work together and some of the issues involved (BitTorrent + RSS, step 1). One of the interesting problems of development is getting the client software to behave properly with regard to this new concept:

BT has a nice command line interface, btw. We need to feed it appropriate --responsefile and --saveas arguments. An open question, at least on Windows, is dealing with client software that spawns windows who don't know how to close themselves. Ideally we'd have a client that didn't spawn a window and that accepted a parameter that told it how long to continue running after completion of the download, to help other downloaders.

This is important, but I think it is a bigger problem than this. Ultimately, for the new broadcatch to be successful, the client will also have to integrate closely with the playback software (your DivX software, MP3 player, etc.). A proper user interface is going to be critical. TiVo would be a great place to start, but it is designed around the traditional broadcast paradigm and would need some serious changes to handle this concept.

BitTorrent + RSS will be revolutionary, but there is a lot of work to get from the concept to user-friendly implementation. For example, when the internet was in the early days, everyone was excited about the prospect of everyone making their own homepages. Great idea, poor implementation, as traditional webpages were too difficult to maintain and there was no RSS to make following changes easy. Today, blogs are a much better implementation of the homepage concept. Today, we aren't even at the homepage stage of BitTorrent + RSS.

In related news, I'm not the only one who thinks this is a great idea, Dave Winer had this to say:

After dinner, walking back to my car, Andrew Grumet told me that he planned to integrate BitTorrent with RSS. A namespace, a couple of Radio callbacks, and it should work. I'm in awe.

The Shifted Librarian is also enthusiastic (Waiting for SyndiCon I):

The RSS Winterfest was a good start, but it's difficult to over-emphasize the value of this type of conversation taking place in-person, face-to-face. In addition, how great would it be to include an "RSS Hackfest" (led by Andrew Grumet) to get us BitTorrent + RSS, authentication, better customization, metadata, and more?!

For more information, see also:
BitTorrent + RSS = The New Broadcast
Broadcatching - Not Broadcasting

Comments (0) + TrackBacks (0) | Category: Broadcatching/Podcasting | File Sharing | RSS

March 05, 2004

VoIP Hits Retail - Walmart Next?

Email This Entry

Posted by Ernest Miller

USA Today reports that consumer electronics retailer Circuit City will begin selling Vonage VoIP phones in all 600 locations come Monday (Circuit City to offer Vonage Internet phone service):

Those who sign up at the electronics giant will save $100. An adapter from Circuit City costs $100, but Vonage will offer the first two months of service free — a $70 savings — and waive the $30 activation fee.

Most people still have no idea what VoIP is. Moves likes this will likely increase consumer awareness of the possibilities of escaping POTS. This alone will not cause a major shift, but it is definitely a sign that VoIP is going mainstream. The next step? Vonage at Walmart, I'm thinking.

Telepocalypse uses the occasion to note that "plain vanilla" VoIP services like Vonage don't make any sense (I don't get it). He is right, but only in the long term (which might not be that long). I also think that Vonage and many of the other VoIP start-ups realize this as well.

As Telepocalypse notes, the appropriate unit price for such services should be zero. Which makes it a great business for Walmart to use as a loss leader.

Ultimately, there is going to have to be significant VoIP penetration and consumer awareness before non-plain vanilla services can take off. Heck, I'm not sure anyone knows which services will turn out to be the most valuable and we won't be able to find out until there is a significant number of people using them. Best way to get people to use it? Sell it at Walmart.

Comments (0) + TrackBacks (0) | Category: Telecomm

If Marriage is for the Children, We Must Allow Gay Marriage

Email This Entry

Posted by Ernest Miller

I'm really not that familiar with family law and only skimmed the literature so I probably have no idea what I'm talking about, but ...

Why haven't the children of a committed gay couple sued to let their parents get married?

When discussing the issue of gay marriage, the proponents frequently structure their arguments around the rights of adults to marry their chosen partner. Opponents frequently claim that this adult rights argument misses the point, since marriage is not about the adult couple, but rather is meant to recognize the state interest in procreation and child rearing. The reason for this is that if the state acknowledged that one of the purposes of marriage was to benefit heterosexual couples regardless of parental status, or to promote companionship, the justifications for excluding homosexuals from marriage would be much harder to make. For example, in Goodridge v. Dept. of Public Health, the State of Massachusetts claimed

three legislative rationales for prohibiting same-sex couples from marrying: (1) providing a "favorable setting for procreation"; (2) ensuring the optimal setting for child rearing, which the department defines as "a two-parent family with one parent of each sex"; and (3) preserving scarce State and private financial resources.

Proponents of gay marriage should take the second argument ("It's for the children") seriously and see where it takes them.

...continue reading.

Comments (3) + TrackBacks (0) | Category: Gay Rights

March 04, 2004

New Hacking Blog

Email This Entry

Posted by Ernest Miller

Ed Felten writes about the Freedom to Tinker, "the right of technologists and citizens to tinker with technological devices." Anyone who has ever pulled something apart and tried, successfully or not, to put it back together understands the freedom Felten is talking about. While Felten focuses mainly on the legal and policy issues, there is now a blog (not associated with Felten) dedicated to practical examples of the "Freedom to Tinker," though Felten might not like the name too much.

mehack describes itself thus:

extend, personalise, break, poke, peek, learn. hacking hacking hacking. ever had that desire to pop open your tivo, your xbox, cell phone, or your car? ever wanted to know what the hardware and software hackers are up to? this is what mehack is all about.
we all know the frustration in discovering that there isn't something out there that does exactly what you want it to do. we've all fantasized about doing it ourselves, or taking something off the shelf and modding it. we're going to be tracking people, projects that are doing both -- we're interested in those that take the "hell with it, i'll just build it" attitude, and we're interested in those that buy those things off the shelf and pop them open to coerce them into doing what they want. and we're interested in the tools they use too.
our agenda is simple -- we want to learn from others. we're not interested in doing anything destructive. and we're not interested in piracy. we just want things that we can hack on. and most of all, we want to make it simple for people like you to start building.

There are already some good posts on the hecklebot, audiotron api, and playing with linksys access points upping the firmware.

Add it to your RSS feed when adding the new gadget blog, engadget.

via PVR Blog

Comments (1) + TrackBacks (0) | Category: Blogging and Journalism | News | Tools

Derek Slater Reports on Digital Music Forum

Email This Entry

Posted by Ernest Miller

Derek Slater went to the Digital Music Forum and didn't even get me a lousy t-shirt. However, he did write an excellent post on his impressions of the conference and how well the participants understand the issues involved (Digital Music Forum: What the Industry Players Do and Don't Get):

What was most amazing to me was hearing RealNetwork's Sean Ryan talk about how awful the standards fragmentation is while Real implements its own Helix DRM standard. The subscription services are also all waiting for the next step of increased portability, with services capable of delivering files direct to any digital media device - but what about the flexibility of consumers getting to port and manipulate files as they wish? And when is this next step going to occur?

I also was surprised that several vendors consider the size of the services' catalogs only a minor stumbling block. DiMA's Jonathan Potter was the only one to really focus on that, giving an insightful speech about the challenges of mechanical licensing and "double-dipping" for mechanical and performance licenses for online music. The services still cannot provide whatever you want whenever you want it, and Potter argued that any gap in the catalog will detract from the entire service's value, because it will frustrate consumers.

Read the whole thing.

Comments (0) + TrackBacks (0) | Category: File Sharing

Employers Ripe for Filesharing Solution?

Email This Entry

Posted by Ernest Miller

C|Net News is carrying a Reuters wirestory claiming that large numbers of employees are still filesharing from work, despite the legal risks for their employers and themselves (Employees still swapping at work).

Now, employers could try to stop the filesharing. There are software programs that might work, but they cost money and can frequently be bypassed. Even if bypassing them isn't feasible, these sorts of programs often interfere with legitimate uses for various connectivity technologies. Of course, why would an employer necessarily want to stop something that increased employee moral and possibly productivity? I know that listening to the music I want generally increases my productivity.

It would seem to me that employers are actually pretty good candidates for a filesharing solution similar to the one proposed by EFF (Thoughts on the EFF P2P Solution White Paper). I can imagine many companies paying for filesharing licenses for their employees in bulk.

Comments (0) + TrackBacks (0) | Category: File Sharing

Court Using Linux Hears Lawsuit Claiming Linux Infringes Copyright

Email This Entry

Posted by Ernest Miller

I don't post much about the ongoing SCO v. Linux lawsuits, though heaven knows there is much to discuss in the case. For incredible, indepth, precedent-setting blog coverage of these lawsuits, see the justly famous Groklaw.

Most recently, SCO has begun suing not only distributors of Linux, but users as well. In the first case brought against an end-user, SCO has sued Autozone for using Linux and thus violating SCO's copyrights (It's Autozone). All well and good, but there is something unusual about the case.

Netcraft is not involved directly in the case, it is an English company that conducts research and analysis on the internet. According to their about page, since 1995 they have been,

a respected authority on the market share of web servers, operating systems, hosting providers, ISPs, encrypted transactions, electronic commerce, scripting languages and content technologies on the internet.

Thus, it is no surprise that they would check up on what systems the court involved is running. They report that some of the computer systems for the court in charge of the SCO v. Autozone lawsuit run on Linux (Court that will hear SCO v AutoZone lawsuit itself runs Linux). Indeed,

Plaintiffs filing lawsuits must enter copies of their legal documents in Adobe PDF format in the court's Linux-based Case Management/Electronic Case Filing (CM/ECF) system, which will provide electronic updates of case information for the litigants and their lawyers.

This, I think, is a first. I have no idea if there is a precedent for this sort of thing. Here you have a court that is engaged in precisely the same conduct the plaintiff complains of. If a judge did this it would not only be an appearance of a conflict of interest, it would be a conflict of interest and clear case for recusal. What do you do when the court administration is involved? Can an entire court recuse itself? Is there any rule or precedent for this?

In related news, SCO public relations people continue their so-far successful campaign to get the world to hate them by comparing themselves to the RIAA ('We're just like the RIAA,' says SCO).

Comments (5) + TrackBacks (0) | Category: Copyright | Oddities | Open Source

March 03, 2004

Audible Magic's Sleight of Hand

Email This Entry

Posted by Ernest Miller

C|Net News has an article about the RIAA touting Audible Magic's P2P filtering technology in Washington, D.C. and other influential venues (File-swap 'killer' grabs attention). Audible's technology is basically an audio fingerprinting service that checks against a database of copyrighted works. Installed in P2P software, the system would ostensibly prevent the sharing of music that had been identified as copyrighted. However, even if we assume the technology works as advertised, there are a number of problems.

Nevertheless, the problem identified by Derek Slater is not necessarily one of them (Spin on Audible Magic). Derek claims that:

[Audible Magic is] not really filtering on a decentralized P2P system. That's a decentralized P2P system that requires each user to access a centralized point of control in order to be on the network. Can such a network protect users' anonymity and be robust to targeted attacks in ways necessary to enable legitimate uses and speech? Not like Freenet can. No matter how many times the RIAA says that this would simply be KaZaA without the infringing files, with no other consequences, that doesn't make it the truth.

Derek is very right to declaim the need for forcing centralization on decentralized networks. Unfortunately, most P2P networks aren't truly decentralized. KaZaA has many centralized features already. For example, the free version is ad-supported, which means that your "decentralized" KaZaA P2P software has to talk to a centralized ad server, in this case, GAIN Publishing. GAIN is more famously known as "Gator" and likes to sue people for calling GAIN "spyware" (See you later, anti-Gators?). Even the premium pay version ("KaZaA Plus") has many centralized features, such as virus protection, Peer Points Manager, and others.

Freenet is truly decentralized, but most of the commercial P2P systems are not. Indeed, I wonder how any commercial P2P network can be viable without some centralized functions. This is not to say I think it reasonable for Congress or the courts to impose such systems on commercial P2P networks, but simply that the imposition of such systems won't change their nature.

Techdirt argues that people will use encryption to escape a government mandate and foil Audible Magic (RIAA's Latest Tactic To Drive File Sharers Underground). I'm not sure that is the case, unless the files are encrypted on the hard drive. The fingerprinting will have to take place at the local uploader's system, which is then checked against the centralized database. Encrypting transfers will not thwart that initial check. Encrypted transfers will only work to thwart man-in-the-middle attempts at filtering. Techdirt is right, however, that such a move would push people farther into darknets (they would be using software that doesn't comply with the mandates). As Techdirt says, "This isn't a business strategy, it's death-by-bad-lawyers."

The biggest problem with the Audible Magic is that the level of government control required to implement it would give pause to even Hollywood friendly congress critters.

Comments (1) + TrackBacks (0) | Category: File Sharing

Avi Rubin's Day as an Election Judge

Email This Entry

Posted by Ernest Miller

Johns Hopkins University Computer Science Professor Avi Rubin is a bete noir of the e-voting industry, having been one of the authors of a famous dissection of the security flaws of one e-voting vendor's machines (Analysis of an Electronic Voting System). He has been criticized for not knowing much about the actual process of voting, being an academic and all. So, to quench the ill-founded criticism and perform his civic duty, he volunteered to be an election judge for yesterday's ballot (though he had to make a great deal of effort - apparently volunteers are not encouraged). His insightful account of the experience can be found here: My experience as an Election Judge in Baltimore County. Extremely valuable stuff for anyone interested in e-voting.

However, Ed Felten notes that (Avi Rubin's Election Judge Experience):

It must be noted that the polling place where Avi worked was not typical. Everybody seemed to know in advance who he was. One of the other poll workers just happened to be an experienced Diebold trainer. Very senior Diebold executives just happened to show up before the polls opened to make sure everything was okay.

Comments (0) + TrackBacks (0) | Category: E-Voting

Broadcatching - Not Broadcasting

Email This Entry

Posted by Ernest Miller

Yesterday I wrote about the incredible potential of combining RSS with BitTorrent for video (or any broadcast media for that matter) (BitTorrent + RSS = The New Broadcast).

Had I done a little more digging before I posted, however, I would have found a couple of other really great posts on the issue from a couple of months ago. Great minds come up with similar titles, as I note a post with an almost identical title from PVR Blog (BitTorrent + RSS = TiVo). However, I think the potential here outstrips even the disruption capabilities of TiVo. That led me to Scott Raymond's excellent post on the subject from last December (Broadcatching with BitTorrent). I especially liked (because it seems so apt) the use of the term "broadcatching" to describe this new method of distribution.

Such a system would be an excellent basis for a subscription-based service. Hint (Thoughts on the EFF P2P Solution White Paper) hint.

Comments (1) + TrackBacks (0) | Category: Broadcatching/Podcasting | File Sharing | RSS

Happy 100th Birthday Dr. Seuss

Email This Entry

Posted by Ernest Miller

Today we should honor Ted Geisel and remember the whimsical originality of his works which, for all their fun, also imparted important moral lessons.

We should try to forget the commercial prostitution (credit cards, Burger King, Mike Meyers) Geisel's heirs have allowed to be committed in Dr. Seuss's name, all the while declaiming the potential abuses of the public domain: Brief Amici Curiae of Dr. Seuss Enterprises, et al. [PDF] in opposition to Eldred.

Only 57 years til the Cat in the Hat is free.

Comments (0) + TrackBacks (0) | Category: Copyright

March 02, 2004

Senator Advocates "Council of Decency"

Email This Entry

Posted by Ernest Miller

Senator Zell Miller (no relation, thank goodness) (D - GA) (is that really a "D"?) has introduced a bill to levy heavy but variable fines on those involved with broadcasting indecency on the public airwaves. Read the press release: Miller Introduces Bill to Crack Down on Indecent Broadcasts. Read the bill: S. 2147.

In the colorful language of a Southern caricature stereotype Senator, the bill is described thus (I am not making this up):

This is a tough bill, and it’s meant to be. It is not a little Red Ryder BB Gun like most of the proposals I’ve seen. It is a double barreled 10 gauge shot gun loaded with buckshots [sic] that will hit all of those involved when its trigger is pulled.

The collected fines would pay for the costs of administering the program with the remainder going to "faith based programs selected by the Faith Based Initiative Office of the White House."

In addition to the fines, the Senator's bill would create a nine-member "Council of Decency" made up of 3 ministers, 3 teachers and 3 media representatives. The council is obviously designed to be the arch-nemesis of the "League of Obscenity," which coincidentally is made up of 3 ministers, 3 Senators and 3 media representatives.

James Grimmelmann of LawMeme refers to members of the proposed council as "Decency Nazgul" (Sen. Miller: Raise Fines for TV Indecency, Give the Money to Churches). I think this is unfair to the nine ringwraith servants of the dark lord.

Comments (2) + TrackBacks (0) | Category: Freedom of Expression

BitTorrent + RSS = The New Broadcast

Email This Entry

Posted by Ernest Miller

I've touted Andrew Grumet's work before (Program My TiVo! and RSS For TV, Music) and once again I have to recommend paying attention to what he is up to. See his post, Skirting the edges of the new media universe:

Chris Pirillo feeds a new addiction. If I understand correctly, the idea is that the RSS feeds give you a list of fresh downloads in your newsreader. Click on what you want, and shortly thereafter the video is on your hard drive. Maybe we aren't too far from giving Dowbrigade StrongBad in his Video Aggregator. We'd need an automated way to launch BitTorrent when new items arrive in the feed. I don't know, maybe people are doing this already. We'd also need specialized feeds so that we wouldn't have to download everything.

Read the whole thing.

I really think there is something interesting here. Isn't RSS + BitTorrent an ideal means to distribute periodic video content? Subscribing to a particular series' RSS feed would be like setting up a Season Pass on your TiVo. As episodes are released, no matter the time, your system would automatically begin a BitTorrent download. Video RSS feeds for every taste would be available. You're a fan of Sarah Michelle Gellar? Get the SMG RSS feed and you won't miss a single video appearance of her buffy-ness promoting Scooby Doo 2.

Who will be the first video network to adopt this technology?

Comments (1) + TrackBacks (0) | Category: Broadcatching/Podcasting | RSS

Lazy Database Protectors

Email This Entry

Posted by Ernest Miller

Two well-paid and very experienced lawyers have an op-ed in the Washington Times proclaiming the need for sui generis database protection (Database Piracy Plague). The basic concept is that unless Congress obliterates the idea/expression dichotomy and provides a "sweat of the brow" doctrine, competitors will quickly and easily copy laboriously created databases:

Yet, in a world in which verbatim copying of databases is allowed, why would anyone spend thousands or even millions of dollars assembling a database? And, think of how much more investment might be spurred in creating valuable databases if we could assure the creators that others would not simply turn around and free ride on their hard work and investment.

You would think that if these databases were so darn valuable, people could come up with ways to protect them that do not require onerous new law. Here are a few ideas, given away free in the public interest:

  • Contracts. Don't let people have access to your database unless they sign a contract that prohibits them from copying the database.
  • Insurance. Buy insurance for the possibility of database copying (bonus: the insurance company will help you protect the database).
  • Tether the Database. Why give the whole thing to people on CD or something foolish like that? Ensure that people can only access the database through the web. Given the ubiquity of connectivity, even wireless connectivity, this should be good enough for most people.
  • False entries. A nice tactic to help identify who leaked a database so that other legal means can be brought to bear against them.

The authors of this op-ed write as if there is nothing they can do to protect their databases. If the above suggestions won't work, I'd like to know why.

Comments (5) + TrackBacks (0) | Category: Copyright

Volokh's Amendment

Email This Entry

Posted by Ernest Miller

Eugene Volokh is an ultra smart guy and cool person. Yet I just don't understand his position on gay marriage, which he does not seem to personally oppose. Like many opponents of gay marriage, however, he does not think that gay marriage should be imposed by the judiciary interpreting the law. While he opposes the Federal Marriage Amendment, he notes what would be a "quite defensible" amendment (Marriage Amendments):

No part of this Constitution shall be interpreted as requiring any state, or the federal government, to recognize or allow same-sex marriages.

Why is this defensible? Why would one who didn't oppose a thing want to ensure that it will never be recognized as a right? This is not a question of whether or not Volokh believes that the Constitution recognizes or should recognize a right to gay marriage, but whether Volokh thinks the question of that interpretation should be (effectively) forever foreclosed? I mean, why? Does Volokh think that such an interpretation would irreparably damage or violate the Constitution in some way?

Do we really want amendments of this nature in the Constitution? If, a couple of decades from now, gay marriage is universally (or almost universally) adopted throughout the states (a not unlikely scenario), will it not seem strange that gay marriage is uniquely constitutionally disabled? Do we really want such attacks on judicial independence enshrined in the Constitution? What precedent is there for this form of judicial control?

I also wonder what other amendments would be justified by this line of reasoning:

This amendment would indeed protect states from national meddling, as opposed to the Federal Marriage Amendment, which will just replace one sort of national interference with another. I think the amendment may be premature, since I doubt that the judicial interpretations that it would prevent will actually happen. But I may be mistaken, and I can certainly see the argument for forestalling them now, rather than waiting until later, when the Amendment may be still harder to pass.

Wouldn't such logic (and even nearly exact language) also have applied, to give just one example, to Loving v. Virginia? After all, following Brown v. Board of Education and other civil rights decisions, it was pretty clear what path the Supreme Court was on, and it didn't favor anti-miscegenists. Indeed, they were lucky when the Court decided not to hear Naim v. Naim in the mid-fifties. I doubt there was a better time to pass an anti-miscegenation amendment forbidding the decision in Loving than in the immediate aftermath of Brown.

It is certainly plausible, nay likely, that the current Supreme Court would not recognize a right to same sex marriage. But why would we want to foreclose this court or future courts from finding such a right in the broad and inclusive language of our Constitution? The First Amendment has never been so broadly interpreted as it is today. Would it have been wise to prevent such expansive interpretation because of the narrower view of free speech in the past?

Of course, I'm not sure that even this amendment would prevent judicial intervention. After all, if a court can't require same sex marriage even though the court concludes that equal protection is being violated by the disparity, couldn't the court simply declare that the state could no longer be in the "marriage" business at all (Why the FMA Would Be the Death of Marriage)?

In the end, I only note that heterosexuals do not have to worry about rights of theirs that aren't yet recognized being pre-emptively snuffed out by amendment because a court might recognize them. Some may think it proper that a minority wait patiently for its rights to be recognized and granted by a bigoted majority. The history of civil rights in this nation, and the very nature of our Constitution, speak out against this notion.

Comments (2) + TrackBacks (0) | Category: Gay Rights

March 01, 2004

Lessig on Eldred

Email This Entry

Posted by Ernest Miller

Cyberlaw Uberprof Larry Lessig has an important article in Legal Affairs magazine with his point of view on his supposed failures in the Eldred decision (How I Lost the Big One). Great history and important pointers to appellate advocates, but stop beating yourself up Larry! I think one day, just as the court overruled Bowers v. Hardwick, we will eventually win Eldred either in the courts or the legislature. Either way, Lessig's work will be a cornerstone of the result.

via How Appealing

Comments (0) + TrackBacks (0) | Category: Copyright

Confusing DMCA "Database" Decision Not About Databases

Email This Entry

Posted by Ernest Miller

Three days ago, I posted about a recent decision concerning databases and the DMCA (DMCA Decision on Databases). While others were claiming this as a victory against the abomination that is the DMCA, I remained uncertain, not yet having a chance to read the decision. Now, with many thanks to a reader, I have had a chance to read the decision: Inquiry Management Systems v. Berkshire Information Systems.

The case is about one information company (Berkshire) accessing and copying substantive amounts of a database of another information company (Inquiry Management Systems). The claims involved include the Computer Fraud and Abuse Act, copyright infringement, tortious interference and, my favorite, the DMCA. The decision is one of summary judgement, with the copyright and DMCA claims dropped from the case. This may seem like a DMCA victory, but I'm still not sure since the logic is a mess.

UPDATE

The Register has a piece on some other troublesome elements of the decision I didn't cover (Is password-lending a cybercrime?)

...continue reading.

Comments (2) + TrackBacks (0) | Category: Digital Millennium Copyright Act