A.P. Executive doesn’t know his company has a YouTube channel

As A.P. tools up to become the RIAA of the print business, here’s how it’s shaping up.

Here is another great moment in A.P. history. In its quest to become the RIAA of the newspaper industry, the A.P.’s executives and lawyers are beginning to match their counterparts in the music industry for cluelessness. A country radio station in Tennessee, WTNQ-FM, received a cease-and-desist letter from an A.P. vice president of affiliate relations for posting videos from the A.P.’s official Youtube channel on its Website.

You cannot make this stuff up. Forget for a moment that WTNQ is itself an A.P. affiliate and that the A.P. shouldn’t be harassing its own members. Apparently, nobody told the A.P. executive that the august news organization even has a YouTube channel which the A.P. itself controls, and that someone at the A.P. decided that it is probably a good idea to turn on the video embedding function on so that its videos can spread virally across the Web, along with the ads in the videos.

Frank Strovel, an employee at the radio station who tried to talk some sense into the A.P. executive Twittered yesterday:

I was on the phone arguing w/ AP today. We were embedding their YouTube vids on our station’s site. We’re an AP affiliate.

And then added:

They asked us to taken them down. I asked, “Why do you have a YouTube page w/ embed codes for websites?” Still… they said NO…

Thinking about taking your iPod on holiday? Think again

From Canada.com.

OTTAWA – The federal government is secretly negotiating an agreement to revamp international copyright laws which could make the information on Canadian iPods, laptop computers or other personal electronic devices illegal and greatly increase the difficulty of travelling with such devices.

The deal could also impose strict regulations on Internet service providers, forcing those companies to hand over customer information without a court order.

Called the Anti-Counterfeiting Trade Agreement ACTA, the new plan would see Canada join other countries, including the United States and members of the European Union, to form an international coalition against copyright infringement.

The agreement is being structured much like the North American Free Trade Agreement NAFTA except it will create rules and regulations regarding private copying and copyright laws.

Federal trade agreements do not require parliamentary approval.

The deal would create a international regulator that could turn border guards and other public security personnel into copyright police. The security officials would be charged with checking laptops, iPods and even cellular phones for content that "infringes" on copyright laws, such as ripped CDs and movies.

Thanks to Rex Hughes for the link.

Amazon waves DMCA to lock down Kindle

Another example of abuse of the DMCA. From The Register.

Amazon has invoked the Digital Millennium Copyright Act to prevent distribution of software for extracting the personal identifier from a Kindle, used by those wanting to shop at the Amazon-owned Mobipocket store.

The software concerned is called kindlepid.py. A simple Python script that extracts the Personal Identification (PID) from a Kindle, this file was linked to by MobileRead, who received the DMCA notice from Amazon demanding their remove both the tool and instructions on its use.

Users of Amazon’s Kindle e-book reader are supposed to only shop at the Kindle store and have their books delivered over the whispernet direct to their device. But extracting the PID from a Kindle enables the more adventurous e-book buyer to purchase titles from Mobipocket and other sellers, prompting Amazon’s reaction – though it’s hard to see how extracting a number that enables perfectly legal shopping should fall foul of the DMCA.

But MobileRead don’t want to take any chances, so it has removed the content – though mirrors are already popping up (http://www.di2.nu/200903/13a.htm) around the place.

Books bought at Mobipocket actually come from Amazon, but the Mobipocket software synchronises across devices – so a book bought once can be read on a mobile phone, an e-book device, and a laptop computer – whichever is nearest or gives the greatest impression that one is working.

So Amazon still makes money, and the extraction of the PID does not disrupt the DRM system, nor threaten to do so, so it’s not clear why Amazon has taken such a step. Most likely, it’s to do with keeping the Kindle ecosystem closed so Amazon can control, and monitor, closely. They want to know how many books users are buying and which ones. Keeping the system closed gives them greater control. We’ve asked the company and will let you know when they get back to us.

Hey, you there in B14!

From The Inquirer.

MOVIE INDUSTRY BOFFINS have come up with another weapon in the war against toe-rags who sneak video cameras into cinemas and make crappy copies of blockbuster movies to sell at car boot sales.

Video watermarking has been around for a while now but this technology can only reveal in which cinema a recording was made. The latest invention goes one step further and can tell investigators exactly which seat the cammer was sitting in to an accuracy of 44cm.

Authors’ Guild to Amazon: we’re watching you

Hmmm… The Author’s Guild isn’t exactly enamoured of Amazon’s new eBook reader.

February 12, 2009. On Monday, Amazon CEO Jeff Bezos unveiled Amazon’s Kindle 2 e-book reading device at the Morgan Library in New York. Most of the changes from the first version of the Kindle are incremental improvements: the new Kindle is lighter and thinner, for example, and Amazon eliminated the scroll wheel. One update, however, is wholly new: Amazon has added a ‘Text to Speech’ function that reads the e-book aloud through the use of special software.

This presents a significant challenge to the publishing industry. Audiobooks surpassed $1 billion in sales in 2007; e-book sales are just a small fraction of that. While the audio quality of the Kindle 2, judging from Amazon’s promotional materials, is best described as serviceable, it’s far better than the text-to-speech audio of just a few years ago. We expect this software to improve rapidly.

We’re studying this matter closely and will report back to you.

Translation: we’re consulting our lawyers.

This is nuts. As Neil Gaiman (who has just won this year’s Newbery Medal for the most distinguished contribution to children’s literature) puts it:

“When you buy a book, you’re also buying the right to read it aloud, have it read to you by anyone, read it to your children on long car trips, record yourself reading it and send that to your girlfriend, etc. This is the same kind of thing, only without the ability to do the voices properly, and no-one’s going to confuse it with an audiobook. … Any authors’ societies or publishers who are thinking of spending money on fighting a fundamentally pointless legal case would be much better off taking that money and advertising and promoting what audio books are and what’s good about them with it.”

Get Carter

Charles Arthur is not impressed by ‘Lord’ Stephen Carter’s Interim ‘Digital Britain’ Report.

I’m still reeling from having to read the word porridge of the interim report on Digital Britain, handed down yesterday by (Lord) Stephen Carter. What a mish-mash of quangos, incomplete thinking, and bars set so low you can walk over them. 2 megabit per second connections for all by 2012? When people in South Korean cities today think things are bad if their speed drops to 30Mbps? A “rights agency” funded by content providers and ISPs (ie, in the end, us) that will come together to dream up a way to “enable technical copyright-support solutions that work for both consumers and content creators”?

I have never, ever heard of a quango writing a piece of code, nor even spotting the best stuff. (Generally, it’s quite the opposite: hello, English NHS record computerisation.) Getting the “right” DRM is an intractable problem. You’ll never reach the end: the only DRM that really works for consumers is none; the only DRM that really works for content producers is either zero or lots. But not all content producers agree with zero DRM. There is no single solution, and the Rights Agency will simply burn up our money failing to find it.

What’s more concerning is the Carter approach to “net neutrality”. That, you’ll recall, is the proposition that a network operator should not discriminate against data packets purely on the basis of where they originate. Thus packets with video or sound should, as they pass over the network, be treated in the same way as other video or sound packets (they tend to get priority over plain old text); data packets should not be held up purely because of where they started.

[…]

Carter, however, suggests that net neutrality is a waste of the chance to squeeze some money from customers. (That’s us – you know, the people funding that Rights Agency above.)

Spot on. Carter’s effort is an embarrassing document, the product of an old-style push-media mentality.

Terminological capture

This morning’s Observer column.

Rule number one in ideological warfare is to capture the terms in which the debate is conducted. If you can do that, you’re well on your way to winning the argument. Thus the religious right describes itself as “pro-life” and characterises abortion as “murder”, which means that anyone who does not share its views is, apparently, anti-life and in favour of murder. It’s preposterous, but it happens all the time.

This practice of terminological capture is the stock in trade of lobbyists, especially those employed by the music and movie industries. Thus any unauthorised use of copyrighted materials is always “theft”, anyone engaging in file-sharing is a “pirate”, and so on. And technical measures introduced by those industries to protect digital content are called “digital rights management” (DRM), a reassuring term implying that the user is managing something that is rightfully theirs. In fact, they are really digital restriction measures whose sole purpose is to constrain the consumer.

Governments and legislators everywhere are suckers for terminological capture…

The death throes of Digital Restrictions Management

From Ed Felten’s musings on the implications of Apple’s decision to end DRM on iTunes tracks.

Interestingly, DRM is not retreating as quickly in systems that stream content on demand. This makes sense because the drawbacks of DRM are less salient in a streaming context: there is no need to maintain compatibility with old content; users can be assumed to be online so software can be updated whenever necessary; and users worry less about preserving access when they know they can stream the content again later. I'm not saying that DRM causes no problems with streaming, but I do think the problems are less serious than in a stored-content setting.

In some cases, streaming uses good old fashioned incompatibility in place of DRM. For example, a stream might use a proprietary format and the most convenient software for watching streams might lack a ‘save this video’ button.

It remains to be seen how far DRM will retreat. Will it wither away entirely, or will it hang on in some applications?

Meanwhile, it’s interesting to see traditional DRM supporters back away from it. RIAA chief Mitch Bainwol now says that the RIAA is agnostic on DRM. And DRM cheerleader Bill Rosenblatt has relaunched his “DRM Watch” blog under the new title “Copyright and Technology”. The new blog’s first entry: iTunes going DRM-free.

UK Photographers’ Rights

Paternoster Square (image from Wikipedia)

Paternoster Square (image from Wikipedia)

Given the increasing tolerance of security goonery in Mr Broon’s National Surveillance State, lots of photographers are reporting unpleasant harassment by officials and private-sector goons. The latest example I’ve heard about is of security guards confronting someone taking pictures in Paternoster Square in front of St Paul’s Cathedral in London and threatening to confiscate his camera if he didn’t stop taking pictures of the buildings lining the square. And A-level photography students at my daughter’s school report harassment of the same kind in other parts of London.

Most photographers don’t know what their legal position is, so this guide to UK Photographers Rights by a lawyer, linda Macpherson, is very useful and welcome. It’s designed as a short guide to the main legal restrictions on the right to take photographs and the right to publish photographs that have been taken. Worth printing a copy of the pdf and keeping it in your bag.

Go Charlie, Go

The RIAA may finally have met its match

Professor Charlie Nesson of Harvard Law has launched a legal attempt to have the federal copyright law at the core of the RIAA’s legal strategy declared unconstitutional. He has come to the defence of a Boston University graduate student targeted in one of the music industry’s lawsuits, arguing that the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 is unconstitutional because it effectively lets a private group carry out civil enforcement of a criminal law.

In an interview with AP Charlie, who founded the Berkman Center for Internet and Society, said that his goal is to “turn the courts away from allowing themselves to be used like a low-grade collection agency.”

Great stuff. Let’s hope it works.