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World’s dumbest file-sharer mulls appeal

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Ironically-named P2P user Jammie Thomas, who was fined $220,000 for copyright infringement in a case brought by the RIAA last week, wants to appeal the Minnesota jury’s verdict. The lady is certainly unlucky. But is she ill-advised by her attorney Brian Toder – or is she just incredibly stupid? You decide: Jammie Thomas had used … Read more

File sharers: spare me the phony outrage

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Last week, the ailing sound recording industry in America found someone even dumber to pick on. Kazaa user Jammie Thomas had got on the internet, and was doing just what the adverts and mass media say you should do once you’re there – fill your boots with free stuff.

This is a case that should make everyone involved feel ashamed of themselves – with no exceptions. But I’m amazed by the howls of outrage.

Without this free stuff, the internet would be worth very little: it’s simply an extension of the telephone network with added pictures, and would otherwise be priced accordingly, as a low-cost or free addition to your phone bill. Everyone knows that pictures of cats falling down stairs, or even feature-light web-based office suites aren’t really money spinners. Google and BT can’t say so explicitly, but most people are only here for the free music or porn. The rest are here for online games. The stuff about getting broadband “to help with the kids’ homework” is sanctimonious crap.

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Braindead obituarists hoaxed by Wikipedia

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The veteran BBC TV composer and arranger Ronnie Hazlehurst died on Monday night. His long career at the corporation produced some of the most (irritatingly) memorable theme tunes: including The Two Ronnies, Reggie Perrin, Last Of The Summer Wine, Blankety Blank and the Morse Code theme for Some Mothers Do ‘Ave ‘Em.

But when his obituaries appeared yesterday, there was an odd addition to Hazlehurst’s canon. Apparently he had emerged from retirement a few years ago to co-write the song ‘Reach’, a hit for Simon “Spice Girls” Fuller’s creation S Club 7.

“There could only be one source for this,” suggests Shaun Rolph, who tipped us off.

And yes – you can probably guess what it is:

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Google scares parents away from using their copy rights

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Imagine if you walked into Scotland Yard to report a crime involving children, only to be given a telling off, before you’d opened your mouth, about the dire penalties for wasting police time. And that your complaints would be forwarded to a watchdog – and that you’d better come back with a lawyer.

That’s how a group of parents feel after seeing photographs of their kids defaced on Orkut. Members of Google’s social network created “mash-ups” of photographs originally posted to Flickr – adding text, some of which contained sexual innuendo, for children as young as five.

The upset parents turned to the provisions of the Digital Millennium Copyright Act (DMCA), which permits private copyright holders to deal with infringement, without going through a lawyer.

Now if you only read WiReD magazine or anti-copyright bloggers, you’d think the DMCA was only ever abused by corporate bullies: the Act is notorious for being deployed under dubious pretexts in a small number of high profile cases.

However, it’s also been used by thousands of individuals, including many artists, and remains the most powerful tool for the ordinary citizen to seek redress without expensive litigation. It’s a question of filling out a simple form.

Not that you’d ever guess from Google’s page for DMCA complaints. The web advertising giant turns the presumption of guilt back onto the complainer.

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Creative Commons sued for deception

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A Texan family has been handed a harsh lesson in what the Creative Commons “movement” really means for creatives who use its licences.

Filmmaker Damon Chang uploaded a family photograph of his young niece Alison to Flickr, only to discover weeks later that it was being used by Virgin Mobile in an expensive advertising campaign. Neither Alison Chang nor her youth counsellor Justin Wong, who took the photograph, have received compensation for the use of the image – having handed over the rights without realising it. Damon Chang used a licence which permits commercial reuse – and even derivative works to be made – without payment or permission of the photographer: Merely a credit will do to satisfy the terms of the licence.

Both Changs believe the use of the photograph was insulting and demeaning, as Alison – a minor – became known as the “dump your pen friend girl”. And after taking legal advice, the Chang family is now suing Virgin Mobile USA and the Creative Common Corporation.

Virgin hoovered up over 100 “user generated” images for its ad campaign – saving itself a fortune. The lawsuit accuses Virgin of invasion of privacy, libel and breach of contract, but it’s the section of the lawsuit that names and shames Creative Commons that promises to have lasting consequences for “Web 2.0” and “user generated content”.

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Why ‘Microsoft vs Mankind’ still matters

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For all but three of the past 17 years, Microsoft has been involved in antitrust litigation with government agencies. That’s enough to wear anyone down. But as Europe’s highest appeals court delivered its judgement on Monday, I did notice some ennui – not from dogged old hacks, but from a new generation of pundits.

Take this example from former teenage dot.commer Benjamin Cohen – who was six when FTC first trained its lawyers on Redmond. After taking a pop at the at “anti-Microsoft lobby”, he declared on the Channel 4 News website:

The judgement is based on an old case and in many ways an old world – where Microsoft really was the dominant player in information technology

Stop kicking the kindly old man in the Windows outfit, he said.

It’s hard for it to have too much relevance today.

You’d think from this brilliant piece of insight, that there is hardly anyone left who uses Microsoft Windows or Office. Maybe, like the Acorn Archimedes, it’s a hobbyist system lovingly kept alive by a few, devoted enthusiasts! Benji even sounded slightly resentful at being torn away from Facebook (or Sadville) for a few minutes, to write about this piece of computer history.

But the question of “how we deal with Microsoft” is more relevant than ever for two very important and reasons: the second follows from the first.

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Rick Rubin’s subscription strategy: Right idea, Wrong price

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The record producer and co-founder of Def Jam has only been “co-head” of Sony’s Columbia Records since May, but he’s already setting about destroying the old business so a new one can be built in its place.

It remains to be seen how effective he will be, but for now Rubin is prepared to say what seasoned executives think, but can’t say out loud. And he spelled out the future of the record label in a lengthy profile in this week’s New York Times:

“Columbia is stuck in the dark ages. I have great confidence that we will have the best record company in the industry, but the reality is, in today’s world, we might have the best dinosaur. Until a new model is agreed upon and rolling, we can be the best at the existing paradigm, but until the paradigm shifts, it’s going to be a declining business. This model is done.”

Rubin advocates a subscription model instead. Not one with a capped number of discrete downloads, but one where music “will come anywhere you’d like … a virtual library accessible from your car, from your cellphone, from your computer, from your television. Anywhere.”

Once that’s accepted, the music business will be much bigger than it is today, he believes.

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Nokia: Don’t bet the house on content

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At times you can feel sorry for Nokia. The company is damned when it dares to plan for the future, and it’s damned if it doesn’t.

But that illustrates the depth of its dilemma. Today, Nokia is phenomenally successful in one business – handsets – which generates £27bn ($54bn) a year, with a margin of between 15 to 20 per cent.

However, Nokia relies on a small number of powerful customers as its route to market. This isn’t a problem for every business. If you sell fighter aircraft, you know who your handful of customers are, and can schmooze them directly. If you sell bangles from a market stall, you can choose which market you sell from. Nokia doesn’t have the luxury of either: its channel is its market.

And “getting from here to there” is the problem.

At great expense last week, Nokia began to imagine itself as a very different kind of company: a vertically integrated services business. Mobile users would flock to the company’s new portal, Ovi, for games, music, information and “social” interaction. You might call this a “post-operator” world, but it’s also a “post-Nokia” world, as it presumes that both data and devices are commoditised. It’s a Plan B.

However, the strategy takes today’s complex mobile data eco-system and promises to torch it. Today, there’s room for a Real Networks selling games or ringtones, for example, or an AQA providing an answers service. Nokia’s Ovi portal effectively declares war on all these smaller service providers. That can be considered bad manners (or a business necessity) – but it isn’t fatal to Nokia’s plans. It’s the biggest, would-be service companies who are the most threatened.

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