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The New Statesman’s NuLab IT Awards

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Although the New Statesman magazine’s annual New Media Awards (NMA) don’t quite match up to the EFF’s annual Nepotism Award – nothing quite does – they’re still a rich source of humour and embarrassment.

Getting an NMA is the equivalent of getting an orange at half time from the coach of your village football team, just for turning up in the rain. But this year, even by its own standards, New Statesman appears to have outsourced the nominations to a team of satirical writers.

What else can explain one nominee, East Devon District Council, which is lauded for “using AJAX web technology” to “provide efficiencies in waste collections”.

Rubbish enabling rubbish, if you like.

But Garbage 2.0 faces a tough challenge from another nominee, Jimmy Leach, “head of digital communications” at 10 Downing Street.

“Since he started in his post at Downing Street,” we learn, “Jimmy Leach has transformed the government’s approach to new media”.

That’s remarkably similar to the boilerplate text Number 10 sends out to accompany Jimmy Leach’s forays into the real world:

“Since he started in his post at Downing Street, Jimmy Leach has transformed the government’s approach to new media,” apparently.

How? Well, “he executed the e-petitions strategy which has resulted in many millions of people engaging with the website. He has also instituted a series of podcasts featuring the PM and personalities such as Eddie Izzard, Stephen Fry, Chris Evans, Bill Bryson and more”.

Your taxes at work, there.

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Nokia’s music bundle Comes With Hoover-shaped liabilities

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Nokia faces a crippling financial bill for its strategy of bundling free music with handsets, which will give users unlimited song downloads with Nokia phones.

The world’s biggest label, Universal Music, joined the “Comes With Music” initiative at launch last December, and Sony BMG joined last week. The Register has learned that Nokia must pay the wholesale per-unit rate for downloads over a certain ceiling – believed to be 35 songs per user per month.

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Man discovers his net wasn’t neutered

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Hanging the monkey

We have very little idea of how a hysteria can grip sensible, rational people – until it strikes. After Orson Welles’s War Of The Worlds radio broadcast, the public reported sightings of Martians. According to urban legend, a farmer’s water tower was peppered with small arms fire, in the belief that it was a Martian spaceship. During the McCarthyite Red Scare, the FBI’s snitch lines rang red hot with reports of suspected un-American activity. And in Hartlepool 200 years ago, the locals tried and hanged a monkey, suspecting it to be a Frenchman.

Here’s more evidence that the Net Neutrality scare is gripping otherwise rational people, presenting with two classic symptoms of mob-itis.

Professor Steven Bellovin of Columbia reported something strange with his Comcast router recently. Bellovin is a veteran crypto researcher with internet RFCs to his name – and not normally someone who needs attention. Last month he announceD:

“My cable modem service was out for eight hours yesterday. Tests I did – ICMP could get through to various destinations; TCP could not – make me believe that the problem is due to Comcast trying to treat p2p traffic differently.”

Of course. What else could it be?

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Futurist’s music widget goes titsup 2.0

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Music’s best-known “futurist” has admitted his latest business idea has flopped and the service will close. Gerd Leonard of “Music 2.0” fame, who popularised the phrase “music flows like water”, has discovered that on the internet, revenue flows like set cement.

His company Sonific, which allows bloggers to embed a widget that plays music, will suspend its service on May 1. The founder blamed “lack of solid revenue modelling”

(Translation 2.0: no income).

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Earth to Ofcom: They’re our airwaves. Give us them back

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Sometimes Ofcom, Britain’s media and telecomms uber-regulator, likes to agonise in public whether Britain needs a media and telecomms uber-regulator.

It must feel like a stag night in SE1, as the executives fly in expensive blue-sky wonks and consultants, and Ofcom gets quite giddy with itself at the prospect of a world without Ofcom. Then sobriety returns, of course, and it wakes up and finds itself knickerless and handcuffed to a lampost.

So Ofcom gets back to what it loves doing best: Making Very Big Decisions about What’s Good for Us.

Yesterday Ofcom published its second Public Service Broadcasting (PSB) review in five years, and while this one extends itself to encompass new media – such as the very intarweb you’re reading now – it doesn’t do much more than hem and haw, and fret about the status quo. This PSB review doesn’t dare answer the questions it raises, while leaving the biggest issues untouched.

So here’s a modest proposal.

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So is sharing a folder copyright infringement?

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A US Judge on Monday upheld the view that sharing copyrighted music is infringement. It’s a defeat for defendant Denise Barker and the Electronic Frontier Foundation, and a victory for the four record labels in the case, led by Warner’s Elektra.

The Copyright Act is fairly clear. It defines “publication” as “offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display” – but sensibly separates out performance or display itself from the definition. The legal code defines five exclusive rights of copyright: reproduction, adaptation, publication, performance, and display.

Now, digital media blurs the distinction between performance and distribution in lots of interesting ways, but unfortunately, none of these were raised in the case. The EFF instead homed in on the technical point of whether publication was distribution.

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