Tag Archives: Copyright

A cat with a violin

A few issues came to my attention last night. Even as it is great to have a 9 month summer in Sydney, yet when you are in a Victorian house and the temperature inside the room is 10 degrees more than outside, you tend to forego a little sleep that tends to be the nature of the beast between Christmas and the end of February. So as I saw ‘Why celebrities are being sued over images of themselves‘ (at https://www.bbc.com/news/world-us-canada-47128788), I woke up a little more than I was comfortable with. You see, the issue is given with “A number of well-known celebrities, including Jennifer Lopez and model Gigi Hadid, have had lawsuits filed against them for posting paparazzi images on their social media accounts.” This is true; the creator owns the copyright, so in that case the paparazzi. This gave me the idea that we can finally use the law to stop the unacceptable amount of invasion of privacy (as well as public harassment). This is seen when we consider one small part of the copyright act where we could change the game.

In the UK there is the Copyright, Designs and Patents Act 1988. Here we see in section 20: “(1)The communication to the public of the work is an act restricted by the copyright in—
(a)a literary, dramatic, musical or artistic work,

As well as:

(2) References in this Part to communication to the public are to communication to the public by electronic transmission, and in relation to a work include—
(b) the making available to the public of the work by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.

These parts give the right exclusively to the creator (the paparazzi), yet we can counter this with the idea of ‘Where the work is the product of a collaboration, the copyright may be jointly owned.

It is stated in section 10 with:

Works of joint authorship.
(1) In this Part a “work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors.

As such, when we set the stage that unless clearly documented, any photographic work is automatically a joined authorship. It would be a first step in culling abusive paparazzi’s. It would give rise to less trespass on others people privacy. There is little we can do in the public environment, because that remains a real stage and there are decent paparazzi’s, and they seem to limit their activities to the red carpet events. It does not completely solve the issue as there if a gap between what the Paparazzi can do and the direct invasion of privacy which is protected through torts in pretty much every common law nation.

Yet we can in part stop these activities by making every photographed person a joint owner of the image. It still allows for the photographer to do their work, because most models sign a contract/ agreement including one that hands over the rights of the photos through a release agreement, which at that point hands the rights to the photographer/modelling agency. For them nothing changes, yet the paparazzi would get culled as the model could publish images on their own channel (any social media) diluting the value of their image to €0.01. Giving the paparazzi that feeling that he has been working for the cat’s violin that day (an expression that means ‘for naught’). A few of these events and he/she will find becoming an Uber driver to be a more profitable vocation.

By adding:

(2)In this Part a “work of joint authorship” means any artistic work where the photograph included a person, who as the model becomes author through collaboration as a contributor, in which the contribution of the work is seen as an equal to the actual creator (the photographer) of the artistic work.

If the paparazzi claims that this is not the case loses as the model becomes co-owner unless there is a release agreement. It would solve a lot of issues for many models and celebrities in one go.

I also agree with the quote: “Neel Chatterjee, a US lawyer who specialises in high-profile intellectual property disputes, says social media has created an “enormous amount of complexity” in the field.” This is true, but I also believe that the matter could have been simplified a long time ago and I wonder why this step had not been set in motion a lot sooner. It was not that complex, was it?

Still, time is needed to consider and test the addition, whether it holds water and what else is affected, I believe that culling the paparazzi is a decent choice of lifestyle and in addition to that, there is a decent chance that we can nip the entire “copyright trolling” in the behind before it takes on a size that clogs up the court system (especially in the US and UK). In addition it would not impact players like Getty Images as they tend to remain at the red carpet events, even better (for them) their need might increase over time, or perhaps better stated they will grow the foundation of their workflow and I am not against that, to be honest I think that it will not affect any paparazzi that limits themselves to a decent place at the red carpet line. Those moments are for the celebrities to market their work, their albums, movies and charities.

Even as we can all agree with: “defence in regards to paparazzi copyright complaints remains complex and largely untested in case law“, Mr Chatterjee is right yet I feel that we could try and defuse the situation before it is too late and a long term precedent will have been created.



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You might not like it

This morning I got confronted with an article so in my face it literally made me stagger. This article came from the brilliance of a YouTube element called ‘Veritasium’, it was all about the dangers of Facebook, moreover, the dangers of actual investing in Facebook. Of course the hilarious part that I read this on Facebook, so we see a slightly additional view when we consider winking at social media. Yet, before I start we must not forget to show divine humour by emulating the platypus. If Pig Latin is a reconstructed language and we see the Dutch expression of Fisherman’s Latin as ‘catching that really big fish’, is Veritasium a new elemental truth or a truth in mere reconstructed elemental words?

The article is about the concept of buying ‘likes’. The link is here (at https://www.youtube.com/watch?v=oVfHeWTKjag) and I can tell you now that it is worth seeing from beginning to end. The movie takes 9 minutes and it gives you the low down on buying likes and more important the dangers of pushing your visibility.

Now it is best for the reader to see the video, because the speaker does so in a very eloquent way and the only way to get his point across is to quote his entire article, which no longer makes this MY article.

I have seen these issues before, why do we need to ‘like’ things? I do, there are a few likes on my list, I see some advertisement on Facebook and as such, I have no real issue with the advertisement part. It is the price for a free Facebook. Yet, why would you want to pay for more likes? It seems that apart from it costing you money, the video shows that paying for likes is ultimately bad for business. This is only the top of the equation.

The video is calling into question other issues too. The fact that one issue made them shed 83,000,000 fake accounts, one might wonder how many fakes there really are on Facebook. The second is that the linked algorithm is also in question. If we consider the data linked here, then we see a different issue, which links them all.

  1. How are bought likes regarded, especially in the approach towards a percentage of linked advertisements through connected friends?
  2. How can we get actual advertisement pushing flagged towards an engaging audience (which shows growth and possible commitment), while we know that bought likes will never be engaging likes.
  3. How is the data cleaned to show a better mapping of audience versus engagement as well as geography versus interest?

The last point is not just linked over the two issues, we see in the video that there are profiles in the system that are there to like ‘everything’, not in a Zen way, but in a way to mask fake accounts, which gives another matter regarding the algorithms and how they could likely be fooled by those who understand the system.

Yet this is not just about Facebook, we should now also look at the medium that gave us this treasure, namely YouTube. You see, YouTube is all about creating hypes, vibes and types. It is the last of these three that have been a worry for some time and there is no indication that this will stop anytime soon. So, what happened? It started a few months ago, I was looking for a game trailer and there it was right in front of me, the movie Silent Hill. Now, as I am between apartments, I have no access to my DVD collection, so watching this one was heaps fun. I was just a little upset that a Blu-ray was never released of this movie. So, as the month progressed I started to dig into this phenomenon as this seems to be a copyright violation. As I started to dig deeper into this, I noticed a league of movies, some extremely recent all watchable. Even 2014 movies like Godzilla and the new X-Men movies were on YouTube. Now, there is at times a massive drop in quality and 1-2 were clearly filmed in a cinema, but the movies are there. But it is not all that clear. In some cases there are hundreds of copies yet none of them have a movie, they just have a link to click on, or the weird text ‘this movie was deleted by YouTube’ (if that is so, why is the file and the entry still there), so YouTube is used in a growing league of non-trusting reasons. Yet, is the approach for marketing or criminal reasons? That is also the issue, because it tends to skew the people who go there and the reason why they went there. I can very much understand that there are scores of Bollywood movies there, but are they any less a case of copyright infringements?

How does the YouTube issue relate to the Facebook issue? It seems to me that the second is an automated form of getting people to do for the click farm so that they go undetected for a lot longer. Consider the effort it takes to add 100 copies of a film, people might want to see and they all go to a link (for implied free download), we now have a person losing possibly up to 15 seconds, whilst they at that point are facilitating the work of a click farm. The farm remains less detected, whilst the farm gets 100% of the revenue from the click. Now consider that when these movies come out over tens of millions will try a few links, so these farms get all those attempts for a mere 100 uploads, it seems like this is easy money. So as we consider that Google, Yahoo, MSN and others are now trying to battle these farms more and more, yet the fact that YouTube (a Google child) seems to have kept the backdoor open, should be a massive issue, because this puppy tends to go straight to Facebook and Google+, which leaves the impression that people were mopping the floor whilst the tap remains running. So nobody is going anywhere fast.

As such my question now becomes, how anyone can proclaim that keeping the status quo in these matters is nothing less than running backwards on a highway patrolled by blind drivers. So, here is the kicker, how come Google has been unsuccessful to stop such levels of copyright infringement? In my view there are two options, they either are unwilling or unable to do so, unable means that they are not clever enough and that their system of facilitation is there to keep them non-accountable, if it is unwilling, then we see another version where their lives (Facebook and Google) revolves around bandwidth, which gives us the old Telco revenue issue. It is all about the money!

You might not like that reality, but it is a reality we all helped create. What a difference an algorithm makes!

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Changing topics?

It is Tuesday evening, I had been preparing some of my assignments when the two hour bell rang, it was time for a break. I am still ahead of what is needed, which means I can relax (only a little). For 4 weeks I have been doing my daily Uni work, so there is a moment to breath. This is good for now, so what to look at?

Well, I could take you down the road of a copyright driven Australia, yet, when we look at the facts, especially as presented by Brendan Molloy, councillor of Pirate Bay Australia, then a moment of depression hits me. We all speak in truths (or so I hope) and as such, so does he. I do not completely agree with his approach, but he makes a decent case. There are a few tweets he made as @piecritic that have reverberated in my own writings in the past.

  1. Brandis is known to have not met with any consumer representatives and stakeholders as part of writing this draft. #copyrightau“, which seem to give slightly more weight to the issues I posted on my blog on June 17th 2014 called ‘The real issue here!‘, when I wrote “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” it was to state the issue that in the end this is NOT about copyright, this is about bandwidth and as such the Australian economy cannot survive another multi-BILLION dollar blow to it at present. I think that Attorney General Brandis DEFENITELY got spoken to (not speaking with) by certain stakeholders (off the record of course), yet these people do not want ANY visibility in the limelight at present.
  2. @piratepartyau made an FOI request for that data. They refused to release it. https://www.righttoknow.org.au/request/copyright_legislation_working_gr#incoming-2467 #copyrightau”, which seemed to link to “A question about data costs being absurdly high. Love it. #copyrightau“, this is an interesting side. In my previous blog and other events I focussed on the bandwidth, which is what an ISP should be able to monitor and as such they do not, or better, only monitor for billing purposes. This all takes another turn when we consider the tweet by Ed Husic, Federal MP for Chifley, Shadow ParlSec to @bowenchris. His Tweet is “Abbott Govt should tackle copyright, pricing, access simultaneously and not just @copyrightau 1st“.

Well first, to get it all straight, I am a Liberal, so basically in the Abbott, Hockey corner!

Yet, these people make a decent case. You see, I am not in favour of copyright infringement, so if we can stop illegal downloads then this is just fine with me (additional reasons to follow soon). The issue here is not just about copyright; it is in part the ludicrous idea of continuing the TPP. This is at the centre of strangling honest commerce in the near future. I am all for a better legal system that protects the owners of copyrighted articles that Burke represents, yet ‘the rants’ as Brendan mentioned gives way that he is angry because the ACTUAL profiteers are too strong and too powerful (read the ISP and large telecom companies). This is why we see these ‘packaged’ solutions by Optus lately, amongst others. They are trying to convert people to a package as they know that securing revenue now is becoming increasingly important to THEIR survival, this is not seen anywhere in clarity.

So prices are being partially dealt with and access is being transferred to the US via the TPP. If you consider that to be not true, then wonder why Microsoft is setting up 300,000 servers. Just for gaming? Please get a grip and be fast about it!

Consider the following, this was stated by developer Jonathan Blow, but he is not the only stating issues in this direction. “I can spin up 10,000 virtual servers per host. They would just all suck. Saying 300k when they are virtual is a lie“, this is a developer, my issue, since even BEFORE day one has been on the ridiculousness of certain claims. This has all to do with streaming media and entertainment. Microsoft introduced it, when the backlash came they changed tune and dance, so why is this continued? Because the change to a broadband Foxtel approach will FORCE people in the bandwidth and there is no more downloads (which I do not oppose), but there is also no more privacy, with which I have an issue. When you force consoles online for all the wrong reasons, then we can safely state that this is about monitoring”. As America was the land of the free, it is now quickly becoming the nation of the monitors, which is what a debt of trillions will get you. As stated before, i cannot understand the TPP for the life of me, it strangles digital freedom (actual freedom, not freedom to download illegally), it will strangle generic medication (not part of this discussion) and it will strangle local commerce (very much the issue at present).

Patrick Bach, producer behind Battlefield 4 has an additional view “I’m not sure how the cloud will work for real-time stuff, but I can see how it could work for non-real-time stuff where you need a lot of calculations”, monitoring is not real-time, but requires massive power, here we see a side of that what is monitored and how it requires many servers. By the way, consider that this, when (or if) this is up and running, that the monitoring power of Microsoft will exceed that of the NSA by a massive margin. It seems a little extreme for streaming TV shows and online players, doesn’t it?

Additional evidence comes from the Australian (at http://www.theaustralian.com.au/business/opinion/copyright-law-is-failing-to-keep-up-with-internet/story-e6frg9if-1227050705973, this link requires you to subscribe) “As a former chief financial officer, I follow the money: these schemes haven’t worked, because the content owners aren’t prepared to invest in their administration. If they were genuinely effective, surely the movie and television studios would be happy to throw resources at such schemes“.

Again, as a technologist this could definitely be done, yet this is not in the ISP interest at all, his fortune is all about bandwidth, reducing it costs him money.

This is why I thought that the entire action was a waste of time from before the very beginning. Until greed (read revenue) from the Telco’s is set straight, whatever deal comes, will come at the price of ALL valid users and for the larger extent at the cost of their freedom (read privacy).

Yet, in all the tweets, Brendan Molloy does repeat on many occasions the issue that is at the centre of it all “fix your business models“. This is at the centre, yet in all scenario’s several players lose out on revenue (and loads of it), in addition Australia is not even at the heart of the issue that is playing behind the screens. For people like Google and Netflix (where a few groups have a valued investment of over 10 billion), it is not Australia, but the UK where the big price is. Australia with its 10 million households is just a small individual away from the Commonwealth pack. Yet this does not just hit the bandwidth and download models.

In all this, I have one other link. This one http://www.gizmodo.com.au/2014/09/malcolm-turnbulls-anti-piracy-forum-live-blog-follow-the-news-as-it-happens/ shows us the entire copyright AU evening and when you read it, please try to consider the following:

  1. The words ‘Revenue’ and ‘Bandwidth’ did not get mentioned ONCE. You might think that with illegal downloads and copyright infringements that issue would come up at least once, but both iiNet and Telstra were extremely cautious to sail away from getting near it. In my view that forum did exactly what it needed to do, keep interest away from the TPP, bandwidth and where the actual money would be draining from.

All this is as I expected it to be and if you read my previous blogs then you would have read that pointlessness is next to greediness. Not grammatically correct, but highly accurate. Whether we see changes remains to be seen, but the moment the TPP comes into effect the changes will be massive and it is likely that this changes get announced whilst the ink of the autographs on the TPP agreement is still drying.

So, why is this about changing topics?

Well, the discussion seems to be about piracy, copyright and copyright infringement, but the topic that hinders all events (like revenue and more important ‘blood money’) is kept out of the discussion for now.

I have already discussed revenue in more than one place, so feel free to read the other blog article (The real issue here!, mentioned at the beginning) to catch up on it. What I have not talked about is the issue of ‘Blood-money’. It is not my phrase, but I have adopted it as it applies (to some extent). You see, this is not the price of the game, not the cost of doing business. It is the price of being there and staying alive. It seems pure and simple, but it is not. You see, the topic of micro transactions is a little more complex and as such it is important to distinguish between them.

  1. The good guys and girls!

Highest on my list is Blacklight: Retribution. It is released for the PS4, yet there is also a PC edition. The game is large and is FREE! So how do they make money? Well they rely on micro transactions. When buying stuff you have two options, you start low, but as you get through games and as your score is there, you get money, this money allows for low to medium styled weapons. They are not cheap so it will take a little time to acquire the cash. Yet, it is free and you have time, so this is all good. However, if you want that one piece, that ultimate weapon, the slamalamadingdong of all shotguns that will rip through flesh, bone and Kevlar as you squeeze of the right trigger of your controller, then you must purchase Z-coins. There is an off-set here. Partially I think that without Z-coins you will be in a long trial to get decent gear to oppose, yet consider that this is all multiplayer and for those who are not really into this, it means no $99 and this is good, you can invest $10 to get decent gear. I think the approach is pretty good in this economy. This approach is better than try before you buy and is a decent business model. There are others that do this too and some have too steep a curve of costs, but Blacklight seemed reasonable.

For the iPad there is ‘Elemental Kingdoms’. A game, which is free to play and as you play and win, you get coin, which allows you to buy packs with random cards. It is easy to play, the game looks extremely well and the artwork is amazing, the cards unlike with actual cards evolve as you invest in the card, making it more powerful. If you purchase gems with your own cash you can buy packs with more rare cards and better rare cards, which makes for better odds. New players will get double the amount of gems with their first purchase. a good approach.

So, this is the good model, some like it, some do not, but nothing is for free and this way you get the pleasure to try and the option to grow without spending a cent. Those eager to step forward quicker can place $10-$25 and get a head start.

  1. The demons

Here we have the bad side. Whether we go after the Forza games, Gran Turismo or the classic which should now be regarded as an utter joke on the iPad! Prices range from roughly $7.5 for 500,000 in game credits to $75 for 7 million credits. Now consider that one car could cost you 20 million credits, which would be one of the extreme top cars, but that means one additional car at around twice the price for the whole game. How is this even considered sane? This pales by comparison when we see a great classic like Dungeon Keeper seems to push people to invest vast amounts of money into gems so that the player can get anywhere. This is free-to-play?

These are two extremes, yet how does this relate to the initial issue?

This is where the future takes us. The market on many levels is pushing for micro transactions on all fields. Whether it is an app or just a service, it is not just a worry, the future as we see it comes again from the Apple Market. This is not just the versions of the iPhone6 (plus or not), but the other options like the Apple Watch, where we see an interaction between watch and phone. This sounds like a decent gimmick, yet did you consider the exploitation of the consumer through services via micro transactions as well as the events we get as Apple collects all this data? It is not just Apple, where one goes Google will follow and the entire debate we saw on copyright now gets a whole new meaning as people on a global level sign up for ‘services’. This is where packaging of services will truly get a consequence. What if you have Foxtel?

Now we revisit the following statements:

Ed Husic: “Abbott Govt should tackle copyright, pricing, access simultaneously and not just @copyrightau 1st

Brendan Molloy: “fix your business models

Jonathan BlowSaying 300,000 servers when they are virtual, is a lie

I think that the business models have been adjusted, yet I think the adjustment is moving in a very dangerous direction. The Ed Husic nail is getting hit by a massive hammer; there is, at the core of these changes a need to immediately revisit pricing and taxation sides. You see, the ‘micro-transactions’ might seem small, but it reflects on the dangers we face how the frog will not jump out of the pot when the water is slowly brought to a boil, when we react to micro transactions, we will react too late. In this economy we need to make sure the consumer is protected as well as the national coffers, because when Apple and Google start their $0.99 a month service per service we will be hoisting millions a month outside of Australian tax shores, whilst at the same time collecting all that data to be resold and analysed at the other end giving them additional billions in revenue. The Privacy act will not guard us in any way for this new consumer wave. This all brings me to the question, how much do Telstra, Optus and iiNet know at present? Does the intelligence community realise this change of data and how can they keep track of some of the more shady events. Last but not least, when ‘3rd party’ people start pushing out data apps, how can this tsunami of data even be sifted through?

The final part will get us to the conclusion (at (at http://thenextweb.com/apple/2014/09/01/this-could-be-the-apple-icloud-flaw-that-led-to-celebrity-photos-being-leaked/) we see that last week someone took a look at certain events. and it gives us this quote “The vulnerability allegedly discovered in the Find My iPhone service appears to have let attackers use this method to guess passwords repeatedly without any sort of lockout or alert to the target. Once the password has been eventually matched, the attacker can then use it to access other iCloud functions freely“. As stated, this is not a fact at present, but it does give serious voice to the hacked phones.

Things you might think that have no bearing, but as we consider the case of the 101 naked celebrities (like Disney’s Dalmatians for adults), what else can outsiders get access to when people start using these new gadgets? If we consider that the financially well off start using these innovations first, how long until this clear target becomes a target of interest to the cyber-criminal?

So many issues linked to the changing topic. My question, what topic SHOULD have been debated? This is not about copyright perse, but that links to all of this, it is about a missing league of securities that endangers the lives of many Australians and none Australians alike. It is a change to facilitate for profit and data to be handed to big business at the expense of our personal, social and economic safety. Sides many seem to ignore.

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