Wednesday, June 17, 2009 

Analogue Britain.

For once, you have to hand it to the Tories. Their description of the Digital Britain report as "government of the management consultants, for the management consultants by the management consultants" could hardly ring truer. Ofcom, that mightiest of quangos, has always been run with an innate bias towards commercial television, probably because those in charge used to be... heads of commercial communications companies. That much is evident in Lord Carter's report, the former head of Ofcom as well as late of the much maligned NTL.

On the face of it, things could have far worse, especially on the piracy front. The lobbying, not just from the usual suspects but from unions who have also bizarrely signed up to the updated claims that home taping is killing music etc has been ferocious, and their favourite fantasy, that there would be three strikes and then you're out, was mooted as being the plan. Instead there's the continuation of the letter writing scheme, and the possibility that ISPs might be forced to send details of the most prolific and unrelenting uploaders and downloaders to the rights holders, which seems unlikely to be followed through by those who wish to keep their businesses growing. Part of the problem that the record industry has is that they have been for so long and continue to be some of the most unsympathetic characters around, claiming to be "innovating and investing" when all they do is churn out the same old shit time and time again, as you could not fail to notice by looking at the current top 10, or the "emergence" of yet more manufactured faux-soul crap as Pixie Lott and Paloma Faith, only a year on from the manufactured faux-soul crap of Adele and Duffy. The same is the case with the film industry; most deserving of protection is the games industry, but they are hardly even noticed. The idea also that ISPs can cut file-sharing by 70% in a year is a hilarious, and obviously made by those without a slightest clue of how the internet works.

The top-slicing of the licence fee is far more contentious. While using that left over from the digital switchover fund to put towards universal broadband is a fair enough move, the BBC having to step in to ensure that ITV keeps putting out regional news is ridiculous on two levels. Firstly, that ITV doesn't have the money to keep such a public service going, when they have three digital channels transmitting constant repeats and on ITV2 some of the worst programmes ever to be broadcast on British television, no doubt costing millions, and secondly that if ITV really can't afford it, why duplicate something which the BBC already provides? Wouldn't it make far more sense to instead enable the struggling local newspaper groups to step into the breach, giving them the opportunity to invest and transform themselves at the same time? Apparently not. As the BBC Trust has argued, all the splashing around of the licence fee will do is further the resentment of what is, despite the great good that the BBC does, a regressive tax. At the moment everyone knows what they're getting from it; the cutting and redistributing of it will only confuse and confound matters.

Most lacking though is any vision for rolling-out the next generation of broadband. By 2012 all are supposed to be able to access a 2meg connection, which is just about good enough for the internet as it currently is; by 2017, when the so-called third generation of broadband connectivity is meant to be completed, things are going to be incredibly different. Difficult as it is to predict, by then we're bound to be seeing the streaming of ultra high definition content as standard, requiring bandwidth far beyond that currently available to the vast majority. As thinkbroadband points out, by 2017 at the moment we're only going to have the kind of network capacity which the more enlightened and forward thinking nations have currently already put in place, leaving us way behind the pack. The Guardian also identifies the other issue with the £6 tax on the cost of a landline to fund this: it's a subsidy from the public going direct to the private sector, the ones who will reap all the benefits. Once again the foolishness of privatising assets and not taking even the slightest of stakes in the emergent companies rears its ugly head.

The resulting package as a whole is a fudge, as seems to be the only thing that the current government can agree on, pleasing no one and priortising nothing. Management consultants it seems have a lot to answer for.

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Tuesday, February 12, 2008 

File-sharing ignorance.

There can be only one word used to describe the general points of the leaked green paper reported in the Times this morning - ignorance.

We know all too well that the government or most politicians don't understand the internet, let alone new technologies, and it's all too apparent in the suggested "three-strikes and you're out" regime that illegal file-sharers would supposedly be accountable to from their ISPs. If supposedly the "big four" have been in talks with the major media companies for months or even the government over a voluntary scheme, have they not pointed out that this scheme is just about as unworkable as it's possible to be?

Perhaps that's the point; maybe it's meant to be. Even with the latest packet-sniffing software used by some ISPs to filter traffic, the one thing they can't know is exactly what it is you're downloading, unless you're directly downloading mp3 files or an XviD rip from a fileserver, which is more frequent than it used to be thanks to Rapidshare etc. BitTorrent, by far the most popular file-sharing protocol, now has clients that boast encryption that makes it even more difficult for ISPs to be able "shape" traffic or to know what is actually been sent between peers. Similarly, if you use FTPs or Usenet to download, they can know what site or group you're using, but not what it exactly is that you're transferring. They could of course make an educated guess; but this would never be sufficient under law for the cancelling of your contract with the ISP.

This is without even beginning to consider the logistics that would be involved in the policing of such a scheme. At the moment, a number of ISPs can't even begin to offer something approaching an adequate service which equates with that which they advertise. If they were asked to be watching for every user downloading a single illegal file and then following it up with the requisite warning, their staff would be spending the whole day doing just that, and more so. Let's imagine that the scheme wasn't implausible and that it actually could work in practice: the reality would be that ISPs would be disconnecting the vast majority of their customers in rapid order. The users would then switch to their rivals, and probably spend the rest of their lives transferring from ISP to ISP until they're barred from them all or until they're on the few that decide to resist the government's edict. Quite simply, the whole thing would mean that ISPs would be more or less committing economic suicide, like turkeys voting for Christmas.

The only way in which a possible scheme could work would be if they subjected sites that offer "illegal" downloads to that which they do child pornography. This would require ISPs blocking all the major torrent sites, vast swathes of Usenet and more or less every file-sharing service that exists completely, and probably most of the blogging sites as well, considering the number of mp3 blogs there are. Oh, and MySpace and other social-networking sites where users swap copyright protected files, or files that they aren't allowed to. In other words, the equivalent of China's firewall, except blocking more or less everything which China currently doesn't. This would probably make New Labour, the aforementioned industries and the ISPs around as popular as rabies. Even then it wouldn't cover those using proxy servers, or private sites that are well disguised.

It's instructive that document was leaked on the same day that the Grauniad finally won its freedom of information requests which confirmed the secret meetings between 10 Downing Street and the multi-national chairmen's group, which appear to have directly led to a softening of already flaccid plans for taxing pension pots. The government has fallen completely for every single argument made by the music and film industry; that they are suffering irreparable damage and unless action is taken then it'll mean the end of the entertainment world as we know it. You don't need to be told that this is errant nonsense: the same industry which complains of being stretched ever narrower by piracy has been stalling for months from paying writers their proper due, even while attendances at least at UK cinemas continue to rise to ever higher levels year on year. It isn't so much that neither are no longer making profits, it's that they're not as bulging as they once were. For all the hue and cry about piracy and digital downloads, sales of CDs still make up the overwhelming amount of the market. The sale of singles has moved almost completely online, but albums is a different story entirely.

If anything, the change in attitudes hasn't gone far enough yet. Still about the only real choice consumers are being offered online is iTunes, DRM-filled junk at low bitrates that can't even begin to compare with CD quality, a few sites that offer nothing even approaching a back-catalogue at reasonable quality, and the odd independent site, such as bleep.com, which does offer high quality, DRM free mp3s and even FLAC downloads. The record industry is secretly laughing about this; previously they had the overheads of printing the CD inlays and manufacturing the discs, not to mention the shipping, which thanks to the online revolution is now much less hard on the profit margins, and they're offering a lower quality product at a slightly cheaper price. That's the stuff of dreams rather than nightmares. Yes, CD sales are down and downloads have yet to make up the discrepancy, but this was always going to happen sooner or later, and the quicker the industry adjusts to the change the less the pain will be. Movie piracy is not even beginning to approach the scale of music piracy yet, but the power of that industry and its cries of anguish are already becoming hard for any government to ignore.

The thing is, why are the industries so surprised by the sudden changes when they're only reflecting the nature of the executives themselves? Everyone wants a bit of a good thing, and they've been amongst the most profiteering from their parasitical practices. 2006 saw Lily Allen burst through as the Next Big Thing; 2007 brought her imitators in Kate Nash and Remi Nicole amongst others. Amy Winehouse meanwhile was the biggest success of last year, and so 2008 sees her successors take to the front, with Adele Adkins, who'd won a critics' Brit before she'd even released her debut single and now Duffy coming onto the scene. The so-called "indie" department has seen similar, with umpteen different bands aping the Libertines ever since they emerged. When so much crap is marketed as if it's the latest, greatest thing you'll ever hear, why do you think so many people listen to the leaks first? Before they start making demands of us, it's about time these organisations got their houses in order, paid their artists and workers a decent wage, and then decide that their customers need behave in kind. The government meanwhile ought to simply get a clue.

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Tuesday, October 23, 2007 

First they came for the torrent websites...

If you want an example of how some of the mainstream media, especially those who have to get the BREAKING STORY out as fast possible rely on press releases, you only have to look at the articles up on the BBC and Sun websites about the closing of the OiNK music torrent community. (Wikipedia entry here.)

The statements from both Cleveland police and the IFPI are available here and here. Compare and contrast as you wish. Thing is, relying on such releases as your primary source means that you're incredibly likely to repeat blatant lies and twisting of the truth from those justifying their actions.

The police claim in their statement that the operating of OiNK was "extremely lucrative" and "members paid donations via debit or credit cards, ensuring their continued access to the site". The former is highly unlikely, while the latter is completely untrue. While I was not a member of OiNK, mainly because I already have more music than I can listen to, I have friends that were, and unlike some other private torrent trackers, where you can donate to bounce your download/upload ratio back up to 1.0, OiNK was well known as being one of the most vigorous pursuers of those who failed to keep their ratio at the required level. As one former user has wrote on a forum:

Donations were completely voluntary. At most you received advanced search features which allowed you to break down your searches by year/artist/album/genre etc. You also gained immunity from the inactivity ban sweeps. They put it this way: "No amount of money you donate will replace the bytes you're not uploading." All that donations did was give you two invites, give you a star, make your irc hostname end in .donor, give you advanced search abilities and access to statistics, no ratio changes, nothing.

Running a site with 180,000 users would incur significant server costs. OiNK, again like other sites do, never begged for donations towards those costs. For the police to claim that this was "extremely lucrative" smells like the proverbial, and for the Scum to suggest the man arrested was making hundreds of thousands of pounds a year, extrapolating from the statement that "this is big business, with hundreds of thousands of pounds being made" is outrageous.

Similarly disingenuous have been the claims, repeated by the BBC and others from the IFPI's statement that OiNK was the "primary source worldwide for illegal pre-release music". The statement itself actually almost tells the true story in this passage:

Closed internet communities known as “ripping groups” often get demos, early mixes of commercial releases and promotional copies of pre-release albums in advance of release with a view to distributing the music as widely and as far ahead of release as possible. Each ripping group gains cachet amongst its peers for being the first to get new music and uses torrent sites to distribute the music as widely as possible.

The first part of the paragraph is true, while the second is the biggest of lies. Ripping groups, those within the "scene", as it's known, do compete with one another to release music first and before each other. However, far from using torrent sites and wanting to distribute the music as far as possible, such groups are actually adamantly opposed to the public spreading of their work and use IRC and private FTPs to distribute their releases within the "scene" itself. Inevitably though their releases are quickly distributed outside it despite their own opposition, and OiNK, being one of the most popular private music sharing sites, was often one of the first places they appeared. Occasionally users on OiNK might have acquired copies of albums before their release date and posted them there, but the vast majority of pre-releases are from the "scene" groups.

Part of the reason why OiNK is being blamed for the above is that the "scene" groups are a problem of the music industry's own making. The vast majority of the members of those groups are those within the record companies themselves, or those once or twice removed from them: those who receive the promotional copies ultra early through their links, whether they're reviewers, family members, workers, DJs or otherwise. The music industry has made attempts to stop such releases occurring, notably only sending out promo copies of recent Foo Fighters and White Stripes' albums on tape or vinyl, putting watermarks on the CD which can lead the ripped copy back to the individual responsible, "promobots", which repeat "this is a promotional copy" or whatever every so often throughout the duration of the CD, etc, but mostly these attempts have failed. They're never going to completely shut down leaks, but it's the height of hypocrisy to blame places like OiNK when the industry itself is chiefly responsible for its own downfall. Also of note is that up until last night the OiNK servers were still operable, far from the statement's claim that they were seized last week, only highlighting the mendacity in their public releases.

The music industry has to realise that while places link OiNK are never going to disappear, their current head in the sand approach to both the quality and digital rights management on most of the music available for "legal download" is only exacerbating the piracy "problem". In effect, they're actually laughing: places like iTunes are hugely popular even though they mostly provide crippled, far from CD quality music. They no longer even have to produce the discs that previously bumped up the cost ever so slightly in such quantites! OiNK was especially noted for its section dedicated to FLAC rips; near lossless quality copies of the CD. No popular legal download site currently provides music either in WAV or FLAC format (juno.co.uk and bleep.com are occasional notable exceptions), and part of the reason why the Russian allofmp3.com was so popular, apart from its low prices, was that it provided the user with choice as to the quality and format of what they paid to download. The industry control freaks are opposed to that exact choice. The only way progress will be made against such piracy will be if they open up, and they have so far showed no signs of being prepared to do so.

Slight update: Torrent Freak, as well as providing excellent coverage, reports that the man arrested has been released on bail. There's also an official "OiNK memorial" blog been set-up.

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