Tag Archives: Attorney-General George Brandis

The line of privacy

I have a decent grasp on privacy. I tend to give it to others as much as possible, moreover as I on average do not really care about their private lives. This sounds harsh, but consider the facts. When the person isn’t family, or directly connected to you, how much do you actually care? Some people do care to know everything, but that is another matter entirely. So when ZDNET and a few others published ‘61 agencies after warrantless access to Australian telecommunications metadata‘, I was initially in that mood of, ‘oh yea, whatever!’ You see, when I see names like ‘Australian Financial Security Authority’, I reckon financial planners will get jumpy, but is that about possible ‘dubious’ choices, or their need for privacy? You see, one implies the element of a transgression, as such it becomes debatable whether those actions are to be lauded with non-access.

With a player like Clean Energy Regulator we see an industrial access need, and I very much doubt whether they are interested in individuals. But what happens when we see that groups like Bankstown City Council, Racing Queensland, Office of the Racing Integrity Commissioner (VIC) and the National Measurement Institute, I start having questions (especially regarding levels of sanity).

Let’s consider the access: “warrantless access two years’ worth of customers’ call records, location information, IP addresses, billing information, and other data stored by Telco’s“.

Now, I will be the last one to questions access by ‘valid’ organisations and even looking that the ‘alphabetical’ list the locations of the redacted names does not seem to include ASIO and ASIS, who have a clear need for that access, but can anyone explain why Bankstown City Council needs that access? In that same line we can add both Racing Queensland and the Office of the Racing Integrity Commissioner (VIC). If there is an investigation, it should go via the police of the correct channels. I see zero, I say again, zero reason to give those three access. Before we know it, we see Waverly City Council and perhaps even Chatswood City Council. How long then until all that data becomes available ‘for a special price’?

There are a few others on that list that require scrutiny. Do you really think that industrial transgressors wanted by the Department of the Environment will use their own phones? How much wasted man-years will we face as those untrained individuals try to make sense of 23,644 burner phones, which is just Sydney. In all this it seems to me that those requiring access will after that have an issue with processing data, which means more software, more failed levels of security and even more data transgressions. This must be the heaven that Rupert Murdoch dreams of. Data all accessible behind a server guarded with the admin password ‘qwerty’ or perhaps even ‘password’.

Yes, there is a massive issue here and the magazines including ZDNET (at http://www.zdnet.com/article/61-agencies-after-warrantless-access-to-australian-telecommunications-metadata/) mention the names (minus the redacted ones), we see the additional quote “Of the agencies and departments given access to existing information or documents to enforce a criminal law over the 12-month period, and not included on either list released by AGD, or known to be an enforcement agency already“, we now see names like RSPCA Tasmania and The Hills Shire Council, when we look at one of the websites (http://www.rspcatas.org.au/ for example).

We see in the about section: “The RSPCA (The Royal Society for the Prevention of Cruelty to Animals) is the voice for the animals of Australia. We defend their dignity and fight to stop cruelty. We offer shelter, education, medical attention and love. We are animal protectors, carers and guardians. We bring solace to abandoned, surrendered and injured. We prosecute those who would harm them. And we fight for the humane treatment of all living things. Our job does not stop at animals. We believe behind every animal is a human being who is in need of guidance, encouragement and help“, which is a nice fluffy and caring text. Nothing wrong there. So explain to me, how a place like that has a decent level of cyber security, with in their office pool an IT person with CCSP certification or higher and a few other skills. You see, when these skills are absent your data will be up for grabs. Perhaps that is outsourced, meaning that additional people have access to all that data, have those places been properly vetted? So on an island of 515,000 we see this level of personal data access requirements? My initial follow up questions would than become, of all those funds required from the donations, how much ends up going to animals?

In the case of the Hills Shire Council we can have a lot more fun, their community profile (at http://profile.id.com.au/the-hills/population) gives us “The Census population of The Hills Shire in 2011 was 169,873, living in 57,205 dwellings“, why for the love of whatever is holy (or named Cthulhu) would THEY need that level of access to data?

In my view we should start asking a few questions regarding the mental health of whomever gave that level of access. I am guessing that this was Attorney General, George Brandis, which basically gets confirmed in the Guardian Article (at http://www.theguardian.com/world/2016/jan/18/dozens-of-agencies-want-warrantless-access-to-australians-metadata-again). As we see the quote “the government narrowed the definition of an “enforcement agency” that was eligible to access telecommunications data to a shortlist of law enforcement agencies, including the Australian federal police and state and territory police forces“, my initial thought was ‘that makes perfect sense’, yet in that light, how the flipping Divine Comedies did RSPCA Tasmania make that list?

The Guardian in light of all this ends with a comical quote “This method was taken to allow the Australian Border Force to gain access to telecommunications data without needing to gain approval from the Attorney General’s Department or the intelligence committee“, which is interesting as this implies that the Australian Border Force has less access than RSPCA Tasmania, which would make perfect sense if you are a golden retriever.

So apart of the access and the lack of insight here, has anyone considered how that data is to be read, analysed and processed? In addition, when we consider the access level of applications, the support and very likely (read: extremely likely) the levels of consultancy needed, what else is missing what will this cost the taxpayers in the end? I can tell you now that such solutions are not cheap, not easily implemented and did I mention the security needed for keeping that data safe? Even if this all goes through clouds and remote access, how long until a volunteer looking after cats will leave that password accidently out in the open, or even worse leave that system logged in and unattended?

As stated, I would never object to the actual law-enforcement agencies to get that access, but it seems to me that too large a group on that list is nowhere near that level and even (read: especially) when we consider groups like Greyhound Racing Victoria, why are they not going through police channels?

I see both articles and no one seems to be asking the questions that need to be asked. Questions that had to be asked extremely loud and very nearby after a mere 30 seconds of reading those articles. By the way, when reading the ZDNET article, it is the article that follows that is cause for even more questions.

One of the quotes is ‘the Many Layers and Tools of Digital Collaboration Today‘, which is nice when it is a mere graph of generic data. In that we might not care, but in the issue of ‘call records, location information, IP addresses, billing information, and other data stored by Telco’s‘, which includes all your personal data. Consider the following quotes “employees and departments are helping themselves to the tools they believe they really need. At the same time, companies are steadily dealing with what is now too many categories of communication and collaboration software to adequately manage and govern, much less individual apps” and “The issue itself is perhaps best demonstrated by the rapid rise of Slack, the current darling of team chat and wildly popular with its users. In many of my recent conversations with IT managers, I find that Slack is invading the workplace on many fronts, regardless whether it’s sanctioned or not” and finally “The top categories of apps today include VOIP, Web conferencing, e-mail, unified communications, IM/chat, file shares, file sync, CMS/DMS, intranets, discussion forums, enterprise social networks, relationship management platforms (including customer-facing CRM), and last but not least, online community“.

Now remember, the second article (on the same page) is not connected to the first, but consider the cloud and the explosive growth of so called ‘tool apps’ and the utter lack of in-depth security and access checking, how many back doors are organisations creating through such tools, with access to your data? Weirdly, I would never hold a bad thought for a volunteer organisations like the RSPCA, which is exactly why they should have never ever been given access to data like that. For the mere reason that cyber security cannot viably be maintained.

Whomever boasts on the security of places like Slack is in my view decently nuts. When we see interested players like Accel, Andreessen Horowitz, Index Ventures, KPCB, Spark, and Social+Capital, the first thing we will see fail is a pressure to release a new version and there will be the need of security patches (which is a reality), this also means that data would have been unprotected. The mere intense need for Common Cyber Sense is that boss who wants that new version, because the presentation looks cooler. Even when we ignore the issue of Slack, we still see an exponential growing app base, with access all over the place, which means danger to the data. Even when remotely accessed, even if that connection is secure, too many places get access to data they should not have access to.

When we hear people state that servers have access limitations and more of the mumbling, here is a simple word of caution, something I personally witnessed. There was a financial software program. It was a good and legitimate program. The small issue was that when the program accidently crashed, that person remained on the data server with rights of an administrator. It took them 2 weeks to figure out it was happening and another 3 weeks to repair their system. Consider something like that happening today and with the ‘upgrades’ Microsoft requires on a too regular a basis, can we even risk this level of access to the expanded group that has too limited a grasp (as I see it) on what constitutes Common Cyber Sense?

I wonder how long until we get a carefully phrased apology from certain high ranking IT elements, who will offer their resignation and walk away with a 7 figure handshake.

 

 

 

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Another online danger

It seems that we the consumers are soon in danger of being left out in the offline cold. You might not realise it, you might not even worry, but your money, your payments online are finite!

You see, not only are the events of last week troubling (not the UK election mind you), the consequence of allowing this to move forward unanswered could be a costly one.

With online presence there is the additional danger of non-online absence.

For this I will emphasize it with one example. The game is from Enix and the title is ‘Order of War: Challenge‘, if you had bought it from Steam, then you have a possible issue, because the game has been wiped of your account. Now, this is not a massive issue of today, this is an issue from the sheer point of view called ‘You paid for it!’ and now it is no more and you can never play it again. An important fact is that this issue played in 2013, so you might wonder what gives!

That is an excellent question. I for one would not care too much for Steam, I never did. Yet the issue of yesterday is now quickly progressing towards issues out today and even more important those who are out tomorrow and after that. This goes far beyond the wiping of a ‘Silent Hill Playable Demo’. Some changes are made because the circumstances changes, which is fair enough. That is not the true issue (even though the Silent Hill fans who missed out would be miffed).

The issue is found in the mobile and console games out now and more important those released after tomorrow.

Let me give you an example.

The mobile/Tables environment has a game called ‘Dungeon Keeper’. Many of those who loved that game when it was originally released on the PC went nuts the moment that game reappeared. Yet, in hindsight this new game was a massive failure on many levels. The game had actually destroyed the image the masterful game maker Peter Molyneux had built. The game is now all about delaying events and forcing people to make very expensive purchases online in the form of Gems. As micro transactions go, this game is the one example why micro transactions should be illegal. A nice view is given at https://www.youtube.com/watch?v=GpdoBwezFVA. Yet compared to the pc edition of the second game (at https://www.youtube.com/watch?v=6DJmS7prcmE), the mobile game is horrendous.

Now we have an additional side, I cannot tell when this happened, but several people (including me) have only had access to the game once in the last two weeks, there have been ongoing server connection issues. In light of the issues that have been mentioned in the past there is now a matter for other cause. You see, if there is an issue with a game, if you had purchased enough gems, the issue at hand is not just that you are forced to a server, the fact that the server is no longer there and the player can no longer play gives weight to the question whether there should be legal consequences for those eager to sell a micro transaction relying game. Can something offered as ‘freemium’ but will only work smoothly when purchases be made, should that game be allowed to be non-functional?  Should the makers not offer an offline side to the game? That is at the foundation of what is wrong. The danger of consumers paying for something that can be removed as soon as the exploiters no longer consider the product to be viable and it stops working for various reasons.

What are those reasons?

Well Dungeon Keeper is a first example. The fact that a server is down is one thing, the fact that the server cannot be reached for two weeks is an entirely other matter. Which leads us to the question, should games that only have online server options be allowed? Beyond that, when gameplay is removed, are those who paid for additional gaming experience be entitled to credit vouchers?

This is the loaded question because basically it is payment for a service, which should be regarded as temporary, however, was that clearly communicated to those buying the service? Now we have ourselves a different video game altogether!

You see, this part will be a growing issue as people are dependent on downloads and could storage of games that are not played on a daily basis. There is the added consideration that these providers never did anything wrong as they might have specified that in the terms of service, yet who reads them? This is not a business agreement, or isn’t it?

Let me move on (for now to another example).

Now we have (or better states we used to have) the PlayStation 3. It has the option of PSN and PlayStation Home. PlayStation Home was discontinued, but what about those people who have spent money for years on the locations there? There had always been an implied assumption that there would be PlayStation Home in PS4. Clearly implied is not correct, too many sources stated most options in silence. Then when the PS4 came it was initially incomplete and in 2014 the verdict was final, no PlayStation Home on the PS4. And recently PlayStation Home was also removed from the PlayStation 3. There was no fault here, there was never any clear agreement that PlayStation Home was to be ported to the PS4, but to lose it on PS3 would never be an acceptable option to those who like it.

I thought it was a cool place, it was partially useless, yet it had the option of being a playful marketing tool. Trailers, unlockable extra’s for games and so on, there were even a few decent games in that environment. Because it had channels so that people could chat, it was something that is out there that would forever be an option. Now it seems that Sony is mostly rejecting the social media, or it is partially doing that. PlayStation home is not the only place, the profiles are a second part, but here we are forced online and in an almost ‘anti-social network’ situation.

This is where the wheels come off the wagon, you see there is another side to all this!

This all links to the previous as there is a real danger that someone at some point will deactivate a service, then what? There is currently an uneven, unequal and a dangerous push to force people online. There is now a second part that has massive consequences for gamers on a global scale. I have made references with the TPP (Trans Pacific Partnership) before, and it seems that several other sources are now on the bandwagon regarding the dangers here, gaming is only one aspect (and not even close to the biggest one, but because of the global setting of gamers a lot easier to spot). It is not just the ‘profile’ issue, that is the least of it all, but it is a driving force around it. More important, the cost of being ‘online’ could soon be another matter altogether.

It would be too simple to state that the TPP is just a bad consequence of a group of utterly incompetent politicians, mostly staying presently at 1600 Pennsylvania Avenue, but that would be not entirely correct either. You see, their inadequacies resulted in a group of industrials to change the premise on Digital Rights Management (DRM) on a massive scale. For the most, I have mixed feelings. I believe that it is perfectly legit for a corporation to protect their product from being illegally copied. Now, the internet providers (ISP’s) are all about bandwidth, so as such, they like people who copy movies, they love it even better when people copy Blu-rays, because 100,000,000 people going for 2-3 blu-rays every night is a massive amount of bandwidth. There is to the smaller extent that a DRM is all about setting up who can legally use something and who cannot, but that seems to be the smallest tip of the iceberg.

An article in the Sydney Morning Herald gives us ‘http://www.smh.com.au/federal-politics/politicalnews/trans-pacific-partnership-will-push-medicine-prices-up-review-finds-20150303-13sxty.html‘. This is not entirely correct, but not wrong either. If we take this quote “The leaked treaty text also reveals new American and Japanese proposals designed to enhance the ability of pharmaceutical manufacturers to extend and widen their patents on drugs and medicines“, it is the word ‘extend’ that is the issue. Because some pharmaceuticals are all about prolonging, we see more and more new patent additions to give any drug a longer exclusivity, which means that generic medication will be less and less of an option. There is in addition the quote “Jeffrey Bleich, accused Australian consumers of habitually stealing copyrighted content and of being some of the worst offenders with amongst the highest piracy rates … in the world“, that statement makes Jeffrey Bleich an idiot to some degree (not the worst he’s ever been called), because his peers in the Netherlands, Denmark and Sweden say exactly the same and he should properly investigate these matters before making those statements.

Now, he was not being too bright (or massively misinformed) and a mere voicer for large corporations, which is to some degree his job I reckon, but he could have been a smudge more thoughtful in that regard. You see, the American side has been utterly stupid for a long time. Because it was always American first, then ‘whomever is left’! We have seen that in Movies, Music and games. Although music not as much. It started in the mid 80’s when Greed took over and American corporations were utterly clueless on global corporate actions from day one. I am not just talking about Games, or movies (even though they are the most visible ones). No the utter consumer disrespect shown by Ashton-Tate, IBM, Lotus Development Corporation, Oracle, Novell and Adobe was beyond belief in those days. You would actually look forward to meeting with Macromedia, WordPerfect and Corel to see that humanity in IT was an option. Now many of them changed tunes over time, the movie and games industry stayed behind for a long time, it is only recently that the US is seeing that the money of their blockbusters are coming from outside the US in some cases in excess of 75%. Now we have ourselves a ballgame! Now we see the shift some are making, but in other ways.

You see, there is a reason why some people have an aversion to buying a game at 40%-70% more. In my early days, I had no options, a game advertised in the American magazines at $19.95 would cost me $69, that’s a not so nice 300%, so America changed the environment from the very beginning. Even today, Australian gamers will pay 40%-70% more for a new game. Now, we will see casual mention on how it is all about shipping. Well guess again. PSN (PS4) was offering games on day one in a shop for $89, On Amazon it was $59 and guess what, the download in Australia was priced at $99.

How do these elements link?

There are two parts. First the quote by Julian Assange “The TPP has developed in secret an unaccountable supranational court for multinationals to sue states. This system is a challenge to parliamentary and judicial sovereignty. Similar tribunals have already been shown to chill the adoption of sane environmental protection, public health and public transport policies“. It is actually not that far a stretch, you only need to consider the legal disagreements between Apple and Samsung to see the dangers here.

After which the following claim is made “The leaked text shows that this agreement is more about corporate power than “free trade”. Investor-state dispute settlement is really a form of corporate sovereignty“. That part can be found here (at https://wikileaks.org/tpp-investment/WikiLeaks-TPP-Investment-Chapter/page-1.html).

Basically, in there you can find the issue “where foreign firms can ‘sue’ states and obtain taxpayer compensation for ‘expected future profits’“, this now reverts back to the earlier mention of games, movies and especially music. A false dimension of revenue has been maintained by corporate ‘baboons’, claiming ‘loss of revenue’. Relying on incomplete information from Napster, Kazaa and a few others players in the peer to peer networking solution. They basically went on the premise, one download means one sale lost. I believe that this was never a reality. People might download and listed, but would never have bought the bulk of it in the first case. That same premise of certain lacks is seen when we see the quote “Attorney-General George Brandis has signalled his intention to introduce more stringent copyright laws to crack down on online piracy“. In that regard the attorney general does not seem to strike too high on the academic scale of logic (on any given day for that matter). I posted an article on September 10th 2014 called ‘Changing topics?‘, in there the issue is better shown, you see it is not just about copyright, because that could have been dealt with quite easily. It was about Malcolm Turnbull’s anti-piracy forum. You see, if copyright was truly the issue, which would have been easy. But in that event the words ‘revenue‘ and ‘bandwidth‘ were very much skated around. Telstra was extremely cautious (and eager) to steer clear of that because in the case of Telstra, monitoring bandwidth, people actually stopping copying movies will cost Telstra billions! Now we see the consequence!

You see, America is figuring out that it cannot deal with its own ISP’s and they definitely cannot deal with the others like Telstra, Tele 2, Com Hem, KPN, TDC and a few others. They are doing it stepwise and the TPP will give them some options. Now back to that term that is laughingly referred to as ‘expected future profits‘.

One source states: “Losses to Video Game Makers Due to Piracy: $8.1 Billion“, based on what numbers? ISP’s state they cannot monitor. Then we get “Pirated Software Impact to Businesses: $63 Billion“. Again on what premise and how?

Well the first one gives us: “Video game piracy of hand-held games leads to the loss of about $8.1 Billion a year, as losses due to pirating of Sony PSP and Nintendo DS games between 2004 and 2009 lead to worldwide losses of nearly $42 Billion“. Here we see an interesting side. These are only two consoles. More important, these consoles have again and again limited legitimate access to games released in US and Japan again and again. So is this truly about piracy, or is the decision as seen here “Monster Hunter 3rd is the best-selling PSP game ever in Japan with 4,780,000 copies sold. Its PS3 HD remaster sold an excellent 500,000 copies as well, yet neither version is scheduled for an international release“. By the way, is the maker not guilty of discrimination? Let me be frank, I will not and have never condoned pirated games. I believe in getting a game and playing the original (I rarely buy games, so when I do, I will go for the VIP options that an original game brings). So, is this about piracy, or about segregation?

That part is harder to prove in the business case. The source “Business Software Alliance, “2011 BSA Global Software Piracy Study,” May 2012” is an issue. I cannot be certain how they got to $63 billion, but with so many illegal versions of Office, that number seems a lot more plausible. It is funny that there, US and China are the biggest transgressors representing a little less than one third of the entire lost stack. The UK is set at 1.9 billion and Australia less than a billion, yet how were these numbers achieved, through ‘rough’ estimation perhaps?

Now we get to the monkey’s banana moment “Losses due to Music Piracy: $12.5 Billion“, which is stated “According to the Recording Industry Association of America (RIAA)“, yes, they wanted the number to be as high as possible, because it made bad productions and louse representatives look a little better. In addition, some of these numbers cannot be decently vouched for in any way, shape or form. It boils down to well over 500 million CD’s, in a numbers game that number on a population of 7 billion seems small, but here is the kicker, that same source had the following, which I found illuminating: “In a survey of over 6,000 people in Finland between the ages of 7 to 84, researchers found that on average each person who downloaded pirated content online had about 2,900 pirated music files and 90 pirated movie files. The researchers who conducted the study believes that downloaders have more music files is due to the ease of downloading pirated music. According to the study, downloading movie files require faster internet speeds, more digital storage space, as well as a higher technological ability to playback movies“.

The term ‘each person’ now becomes really interesting, because 90 movies boils down to 360 Gb, and 2900 songs come to an rough (very rough) estimation of 14.5 Gb. A person downloading that much would be visible on the ISP counter. You see, you buy bandwidth monthly and downloading this much, as well as watching online and perhaps stuff they no longer have, you are looking at $80 a month, however, only 6 years ago, I paid $70 for 25Gb. you see how the picture changes? That is centre here. By the way, if you think that 25 Gb is little, consider that I have only hit that maximum once during my entire contract with my ISP and that was because on a Friday my system decided to update Windows 7, Office 2013 and my Adobe Master collection, which was quite the resource drain that evening.

Your online presence is now a danger in more than one way. In the first more and more ‘providers’ are forcing us to save on the cloud, forcing us using bandwidth. Now, I understand the first download, but many systems are now gearing towards less memory and more reliant on cloud drives. Which was my issue with the Microsoft Xbox One even before that system was launched.  Are those not streamed services? More important, my issue there was that once a service is disconnected, would we just lose it all overnight? Consider your movie and TV series collection. What happens when your old versions of Star Trek, Dexter and Game of Thrones are discontinued?

In addition, if online presence is essential for our services to run, how will that be monitored? I only need to refer to the Sony hack, to give you a first fright that certain owned items could be lost by a mere scripted command. Again, a situation the consumer is not ready and not prepared for. Now, in the case of PlayStation Home, there is some understanding that certain services will be lost, could a local copy have solved it? (I am asking, not telling). There are unresolved issues, mainly because the new technologies move so fast and to be quite honest, some considerations are new, we never had to make them before. We the consumer must accept that some parts are lost to us at some point. Yes, I loved HERO on the Atari 2600, but to expect that game to function 30 years later is not that realistic either. In that regard, we have attached to software (especially games) to the same extent we hold onto a book. They are not the same, which is a simple reality.

But the dangers of online remain, or do they? In that regard, the issues I raise are mostly about time. We see the failing of a game and losing out on what we spend within a year totally unacceptable, yet in that same notion, we should find peace in the notion that nothing lasts, it is all a mere matter of time. Yet, there we see a partial solution, we cannot realistically expect the provider to give ‘eternal’ support, but is a local version (no servers) after a while, or before the service is pulled a possible solution? That I have yet to see and it is not that far-fetched, because in the end, with the amounts of products and the change of IP, that part is slowly but certainly becoming an essential step to consider, especially in light for the business model of any software corporation. Consider you the player with your game of Halo, or Gears of War. I reckon that at some point, you will accept that online mode falls away, but how would you feel is the single player option falls away too, especially if you still have the console or PC to run it on?

A gaming dimension that will fall away at some point, but are we ready to let go of those moments? Now consider that your console/PC can no longer link to the service, even though you have the original disc. In the new DRM, it is entirely possible that no online verification means no playing the game. This is the certainty that we face and the TPP will push us there a lot faster than you realise. Should you doubt any of the last part, then consider the site gog.com. It holds some of the most brilliant games ever created (sold at very low prices), people still revere these games and many of them (especially the original dungeon keeper) will find a place in the heart of gamers. Moreover, several of these would make fine console games when adapted (higher graphics in most cases). I believe that the MSDOS Dungeon Keeper could be a hit 3DS game (like many other games on that site), even today.

Gaming is not about the latest game (decent graphics and sound aside) it is about joy and the games on that site are most pure joy to play.

Now you might all think that this is about games and many of you readers do not care about games, but now consider that same step when you look at your Office 365 account and the fact that you are pushed away from a version that works perfect for you (like the nightmare Office 2007 users faced in the past). There is an abundance of programs that offer a similar scary outlook.

Now translate this to collections you do care about. Your music, your TV shows, perhaps even your digital books. Do not take the word of those stating that it will not happen, because it will, it has happened in the past, it is happening now and it will happen in the future. The DVD and book on your shelf are a touchable item, that part is (if you treat them properly) secure, something online can be lost by merely removing a server or damaging its data. If someone states that this can never happen, then look at Sony, they experienced that event first hand.

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The real issue here!

Last night, just as I was about to break my own record in snoring, a message appeared on my screen. As I tend to be more curious then is good for me, I took a look. It was the article at http://advanced-television.com/2014/06/16/australian-media-chief-lambasts-google-over-movie-piracy/.

So this morning, as the dream of being with a ginger haired girl with a passion for playing Diablo 3 fades away, I decided to have a go at this article (we must keep a priority for interesting dreams first).

The title itself is interesting ‘Australian media chief lambasts Google over movie piracy‘, being honest here, using the word ‘criticising‘ instead of ‘lambasts‘ would have made the article every bit as ‘strong’ but would have implied less posturing, because that is what seems to be happening here.

The quote “Our Attorney-General George Brandis is attempting to reform our copyright law. Meanwhile Google, one of the multi-national companies attempting to avoid paying tax here, is lobbying in Canberra to stop this, by putting forward the following six fundamentally misconceived arguments” is also interesting, for reasons I will return to later.

The six points are given and the points made are to some regards highly hilarious. In point one we see: ‘piracy legislation would have little effect‘ and ‘they would no more illegally download than go into a department store and steal a book or a DVD‘. Is it really? Then why is Game of thrones the most pirated series in internet history? People can buy the series on DVD and Blu-Ray. Google’s point seems to be made by the comment ‘It may be the most pirated show, but it can break sales records too!‘ which was in a Yahoo article. Forbes gives us another part of this equation (at http://www.forbes.com/sites/insertcoin/2014/04/15/game-of-thrones-sets-piracy-world-record-but-does-hbo-care/). The episode in question was downloaded 1.5 million times (a number that will be important soon). What we can say for certain is that according to figures almost 200,000 copies of series three were sold in week one, breaking records for well over a decade in place. So, almost 20% end up buying the discs (implying 80% will not).

I think that the Google argument has been seriously debunked at this point.

The second point is about legislation being for big business. Not only is this incorrect as the response showed, more important, legislation would oppose big business as will be shown soon enough and it would also hurt Google. This is closely followed with statement three where we see a reference to impeding ‘new’ business models. Actually it is impeding a very old model, but I will get to that. The response using the quote from Steve Jobs ’from the earliest days at Apple, I realised that we thrived when we created intellectual property. If people copied or stole our software we’d be out of business‘ is indeed true, yet, the one part no one answers (only implies) is in regards to the application of the Intellectual Property.

The fourth issue is a strong one and as I see it both are dancing around the issue here. It is not as Google suggested ‘an availability and pricing problem’, but the reference towards the music industry is also not correct as I see it. For a long time it had been about ‘availability and pricing‘ as Google correctly stated, but more important it had been for a long time around overheads. The gaming industry in Australia is proof of that. In Australia we pay on average 60%-100% more than in the US and in return we also get a lot less for it. How often do we see games that truly offer exclusive options that are NOT available in the US? That list is a very long one for most of the NON-US nations and it used to be the same for music in non-US nations. So it was often not about pricing, but about a lack of global fairness in pricing.

Issue 5 is made by both sides; it is so moreover for the reasons we will see soon enough. It is not because of the hypocritical ‘US view’ that opposes certain issues and views we see too often and not because of, and I quote ‘advertising models that almost totally promote pornography, gambling and scams‘. It is however because these markets represent billions in dollars of revenue, and many of these places will pay their taxes as (and if) applicable. One does not bite the hand that feeds the IRS ever!

The last one is the bomb as they say it. The mention of ‘Google says the proposed three strikes policy is too Draconian‘. Is that really so? We should all take a look at the Google approach of people getting banned on AdSense. I can tell you now, there was no strike two (or three for that matter), the quote I read “I’m really disappointed on Google support on this matter, there are no email addresses or real people to talk to” shows an approach even more Draconian then their view of Draconian as one might say. There could be valid reasons on some banning, but the issues I saw were not in that direction and in this instance Google is preaching a ‘pot calling the kettle black approach’.

So six issues of fun and frolic, but where is this going to?

In my view both are dancing around the options. It is my view that Attorney-General George Brandis had put his hand in a Hornet’s nest to say the least and now he is dancing with other people in some version of musical chairs. The powers behind all this do not want the change that some legally want. It is my view that Graham Burke, Co-Chairman and Co-CEO of Australian media group Village Roadshow does know what is actually going on, but he is not willing to say it out loud, even though he is representing those artists and people behind the entertainment industry. I had raised similar issues before. I did so on January 3rd 2014 in my article ‘FACT on piracy?‘ In my view going after certain groups was just plain stupid, for obvious reasons, yet there is another side to all this. You see, the Attorney-General realised that the consequences if pursued would be dire indeed. Even though Mr Burke does not want to hear this argument (for obvious reasons), but the people in charge do not care that The Castle, Red Dog and Muriel’s Wedding were downloaded 50,000 or even 100,000 times. Even if 10% would buy it (that is a strong if here), it amounts to $50K or even at the most $250K, which would be a decent part for the artists as they are entitled to part of this. You see, the Hornet’s nest is the consequence for companies like Telstra, Vodafone, iiNet and Optus. It is that part no one wants to touch. Australia has roughly a little over 80% online. If we use the numbers of the Australian Bureau of Statistics, then we are looking at a little over 12 million connections. Should we accept the statements at http://www.news.com.au/technology/third-of-australians-admits-they-download-movies-illegally/story-e6frfro0-1225786870239, which now seem to imply that 4 million people download movies illegally. If this is stopped then these 4 million people would decrease their broadband plan, by $40 and up to $80 a month. This is the real number! These Telco’s would now collectively miss out on $160,000,000 to $320,000,000 EVERY MONTH! If managers at some of these telco’s are rated on their value, how long until they are out on the street when they end up having to tell their stakeholders the following: “the good news: movie piracy is no more, the bad news: you miss out on a quarter of a billion in revenue every month from now on!
It should be quite the show and I will sell tickets and popcorn when it happens.

This is at the centre of it all. From my point of view Mr Burke knows it, Mr Brandis knows it and Google, who has every profit with large broadband usage, knows it too. I think it is time for this sanctimonious posturing to stop. The internet is bandwidth and the more we need, the more we get charged. It is the cost of doing business and morality falters where profit takes a centre seat. Google has a vested interest in all this. If we look at http://www.forbes.com/sites/timworstall/2013/12/12/googles-youtube-ad-revenues-may-hit-5-6-billion-in-2013/, we see that Google is set at the centre of a large web of connections. If Google’s value is partially dependent on bandwidth usage (as it has been implied often enough), then laws that could cut down massively on usage are definitely not in Google’s best interest. Australia, is less likely any more than a blip on the global radar (which makes the current efforts shown by Google interesting as well). Yet, if Australian laws are successful, it could start a change in other common law nations and that would scare Google a lot.

So, we see the players, but in my view, the real issues are for now hidden from view by all players, because the loss for the collected companies in Australia is too large to contemplate and they do tell certain people what is not acceptable, those getting told tend to listen to the few that can destroy their future.

 

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