Saturday, February 27, 2010
Bad News Day for BBC
Thursday, February 25, 2010
Vidi Act It !
The Future Of Broadcasting Event
Key ruling against Google - execs do time (if they visit Italy)
Google have always argued that they are in no way responsible for any content published across their network.......which is pretty thin given that they are actively working with channel partners and have a variety of take down tools they can deploy if they wish. They are a digital content channel.
Italian judges, perhaps with the beady eye of Mr. Berlusconi on them, have ruled that Google and YouTube are to be treated as any other content provider / network and are thus reponsible for content published on their network via YouTube.
The example given by Google is that postmen should not be held liable for what they deliver. However, this does not seem quite right as Google (via adwords) have a direct financial interest in what is delivered across their network, which a postman does not, and a postman would not deliver a smoking, ticking parcel through a letterbox as he owes a duty of care.
European legislation appears to offer ISP's safe harbour - but this is not definitive and with the Digital Economy Bill waiting in the wings it seems that tide may be turning against the copyright infringers.
Tuesday, February 23, 2010
X-factor stars back Digital Economy Bill

Cheryl Cole's co-star on the X-factor, Simon Cowell, has backed a letter send to MP's urging them to pass the Digital Economy Bill and include a three strikes and you're out rule against persistent IP pirates. Other signatories included Sir Terry Pratchett, Tim Bevan, Paul Greengrass and Stephen Garret.
The text of the letter is below
Britain is admired for its creativity and its sense of fair play. British musicians, singers, actors, writers and directors are known and loved around the world and create some of our greatest assets. Together they contribute more than 7% to the UK economy.
The Digital Economy Bill brings both of these together. It will ensure that British creators, entertainment companies, and the 1.8 million people who work in and around the cultural sector are respected and rewarded in the future as they have been in the past, and that they are fairly paid when they put their work online.
Digital entertainment services are really beginning to take off: fans have never had so much choice as to how to enjoy their music, books, TV and films online. But for these new business models to develop, it is critical that more is done to prevent the illegal services providing easy access to free content.
We urge Parliament to pass this bill as a matter of urgency in order to secure the future of its creative talent and industries.
The Future Of Broadcasting
Friday, February 19, 2010
Australian Rules
The recent case in Australia of Roadshow Films Pty Ltd v iiNet Ltd (No.3) brings into focus the challenges of policing the internet and the challenges involved in the forthcoming Digital Economy Bill.Basically the Australian Federation Against Copyright Theft had notified iiNet that their subscribers had been repeatedly illegally downloading Hollywood movies using illegal sites and iiNet had taken no steps to prevent this. iiNet were successfull in arguing that they had safe harbour as they had not "authorised" this infringement. Clearly they were aware of the infringement but had not authorised it.
From a commercial perspective the rights holders and their representatives realise that it is very difficult to chase down hundreds of individuals and would much rather go after a corporation who might be able to pay damages (and legal fees) such as an ISP. From the ISP's perspective they don't really want the overhead of shutting down users and also the lost revenue........cutting off your own customers is never appealing.
Someone is going to have to pay for an anti-piracy service to avoid meltdown in this area but the tough question is who ? The content owners have the most to lose so they should pay something but at the same time there needs to be the ability to shut down the internet connections of repeat offenders as well as remove the ability of the pirates to make money via AdSense.
Policing Piracy is a cost to all in the internet value chain that is not going away - the difficult question is how to fairly allocate that cost.
Thursday, February 18, 2010
Veoh Bites The Dust
Wednesday, February 17, 2010
Seesaw Sees The Light Of Day
Monday, February 15, 2010
Google has 80% share of the online ad market in France
Some models based on video pre-roll have started to work but as Google moves to make YouTube a profitable entity this may also come under pressure.
For me this raises an interesting question over whether Google should be "punished" for its success ? They have created a superior platform for advertisers which unfortunately takes a large slice of revenue away from traditional publishers and will doubtless lead to the closure of a large number of ad supported paper based publications.
As a buyer of adwords the system is excellent and much more effective than anything else out there - we should celebrate the success of the model and accept that we cannot indefinetely prop up outdated business models. The French have never really supported the free market however and are likely to take a different view.
Tuesday, February 09, 2010
Zen and the Death Of Hardware
An Appalling Idea
Saturday, February 06, 2010
Looking On The Bright Side
This week’s Economist magazine examines the concept of ‘broken Britain’, the contention that the country is ‘going to the dogs’ and comes to a surprising conclusion: overall things are better than they’ve ever been and it’s largely the fault of a sensationalist media that the public take such a doomed view of their lives.
Now, journalism, especially UK newspaper journalism, has always been full of doom and gloom. And this in turn influences other journalists. And naturally, moaning and groaning is the lot of bloggers, including the authors of this website, so this isn't an affliction restricted to the professional media.
In the US things tend to be reversed, where newspapers on the whole, tend to be held to a higher account of veracity whereas channels such as Fox News are able to display any editorial balance their editors and owners deem fit.
At a time when everyone is questioning the value of journalism and contemplating charging for content, this becomes a very important issue. The tendency is to become more competitive and more sensational in order to justify the charges being levied: the news gatherers become the news makers and the agenda is set on our screens not our ballot boxes. The Pulitzer v Heart newspaper wars that stoked the coals that lit the US Spanish war is a lesson from history (and there are plenty of other examples).
We are all more media literate today, but the pervasiveness of the negative news agenda is worrying.
Friday, February 05, 2010
Watching For Free
There’s more and more ‘spillage’ of restricted rights happening, especially when it comes to live feeds – my colleague Peter Lewinton has blogged on this site concerning the problems this causes. However, I think it’s worth doing a round up of some of the more notable sites, leaving YouTube to one side for now.
Justin.tv still confounds me. It a mess of a service - a video equivalent of the pop up hell that was current around a decade ago. But you can find stuff on it that you can’t find elsewhere. For example, I pay two Sky Sports subscriptions and still can’t access any games on the red button. My only recourse is to Justin.tv; the experience sucks, but it’s better than text only reports.
In the UK there’s an obscure law that allows live feeds to be re-transmitted - it was something to do with getting signals into the back of remote Welsh valleys at the time, but seems to remain a loophole as far as those advising a number of companies who capitalise on this get-around seem to be concerned. Zattoo was the first service to offer live UK telly over the web, now there are a few more services including TV Guide and TV Catchup.
In the US content has been more widely available, but has been geo-controlled, so unless you were a bit tech savvy or had a Slingbox you could only watch services like Hulu in the US. Now TV Gorge offers a wide range of programmes available on demand; they claim some kind of alliance with Hulu and I haven’t been able to figure out if the service is legal or not.
Thursday, February 04, 2010
Now This Really Is TV Everywhere
Perhaps the most important issue of all is one that does not fall comfortably into any of the above categories, but impacts them all - rights management.
At Rights Tracker we're working on an API to enble rights for video across the internet. Indeed, we hope that this will become the real 'tv everywherel whereby anyone who has bought a right will be able to authenticate it on any device or medium in any format.
This is already what the software does for major TV rights owners in the UK. Now we're taking the genie out of the bottle...
Click Away
Tuesday, February 02, 2010
Ustream raise $20m - here we go................
In any event this solid live distribution platform offers a 50% share of revenue to its content partners which could prove attractive and certainly offers some competitition to YouTube in its activities in live streaming.
With just a few clicks we can all go live and share whatever we can see on our TV's.......bad news for the traditional streaming providers but pretty good news for the smaller independent producer.
This will buy a lot of time to figure out how to make money from the model and may cause further concern for the live subscription and ppv operators.