Wolverine, the final episode of the leakage?

In April 2009, a work in progress version of movie “Wolverine” appeared on P2P sites.  This leakage did not prevent Wolverine to become a commercial success.  Nevertheless, Fox was really unhappy.

On December16,  2009, Gilberto Sanchez was arrested by FBI for having posted a copy of the movie on Megaupload.  According to him, he purchased the movie on a counterfeit DVD for $5.  Then, he uploaded it on Megaupload on sent the links to friends.  Soon, it became a blockbuster on the Darknet. 

In December 2011, he has been sentenced to one year in a federal prison and one year of supervised release.  For memory, Kerry Gonzalez who leaked out Hulk in 2003 was sentenced 6 months of jail, a $2,000 fine and $5,000 of restitution to Videndi. 

Gilberto Sanchez is a glass installer.  Thus, he is not in the media industry and cannot be the initial point of leakage of the movie. Thus, the actual infringer is still free.

The objective of this escalation in punishing clearly to deter uploading and illegally sharing copyrighted content. One year of jail is a serious sentence.

You have downloaded

The site youhavedownloaded is starting to make some buzz.  This is especially true, since Torrent Freak reported that some people at Fox, Google, or NBCU did download copyrighted content (or at least IP addresses registered by these companies).  Of course, with the heated debate about the Stop Online Piracy Act (SOPA), this has been used by the opponents.

The site claims to have collected information about downloaded content on BitTorrent for more than 55 million users (or rather 55 million IP addresses).  When you visit the site, it displays the allegedly downloaded content for the currently presented IP address of the visitor.  You can check the records for any IP address.  The site even offers a banner to display the results to the visitors of your site (nice way to make friends :Weary: ).

Is it serious?  The authors announce

Don’t take it seriously

The privacy policy, the contact us page — it’s all a joke. We came up with the idea of building a crawler like this and keeping the maintenance price under $300 a month. There was only one way to prove our theory worked — to implement it in practice. So we did. Now, we find ourselves with a big crawler. We knew what it did but we didn’t know how to use it. So we decided to make a joke out of it. That’s the beauty of jokes — you can make them out of anything.

However, if you have a better idea — don’t hesitate to contact us.

I would love to see a person who would claim that”yes!  the claimed content are true”.  The likelihood of such a person is low.  Serious or not, this site highlights that it is possible to collect such data by using the BitTorrent DHT and trackers.  I am doubtful about the story of large companies downloading copyrighted content.  I would expect that the proxy/firewall of such companies would ban P2P traffic or at least restrict it for trusted users.

Oh, by the way, the site did report that Technicolor did not download copyrighted content. :Angel:

Update 20-dec:  Is it serious?

With the team, we did some experiments, and found at least one positive evidence that the site has true data (using a long-tail type content)/

Free ride

FreeRideDRM bashing is an Internet well-established sport.  Famous web sites, such as TechCrunch, Wired or ZDNet, which are otherwise extremely interesting, have a biased view about copyright, content owner, and copy protection.  The position of lobbying groups, such as EFF, are in the same mood.  In a nutshell, according to them, copyright laws and content owners are killing the Internet.

“Free ride” from Robert Levine is taking the opposite point of view.  He shows that denying copyright on the Internet is actually killing the Internet.

He describes the battle between three giant groups with diverging interests.   On one side, the media industry wants its cultural goods to be paid, even on the Internet.  On the other side, the Internet companies want information freely to flow.    The more information available (even pirated one), the more advertisement revenues for the Internet companies and pirated sites.  In the middle, the telecom companies initially benefited from piracy because it was a strong attractor for broadband adoption.  Now, piracy is claimed to consume a too large part of the available bandwidth, and starts to hurt these telecom companies.

The book clearly highlights these diverging interests. It also draws a landscape of the current lobbying battlefield (by showing who is financing groups such as EFF, who Google finances…).

Levine’s message is that valuable content is costly to create.  He also explains that creation is not sufficient, if not combined with promotion which is also costly (see Should you invest in the long-tail?).  Without such investment, valuable content will disappear.  Free riders (i.e. companies that use the content  without rewarding the creators) and piracy will kill the economical incentive to create.  The result would be a free Internet without valuable content to propose.  In other words, rather than creating the promised bright cultural future, Internet may create a poor cultural future.  The fact that distribution and production has a cost nearing zero on the Internet should not hide the fact that creation has a cost.  Dematerialisation often hides this cost. User generated dontent or crowd-sourced content is not necessarily at the same level of quality than professional created content.

He claims that the business models proposed by the Internet companies do not fit the economical constraints of valuable content.  As such, he is opposed to Free: the future of a radical price.

This book is refreshing because it gives an argumented position against the widely diffused position of the Internet companies.  In a democracy, it is paramount for a sound debate to hear both sides of the story.  Thus, read also this book, and only then, make your own opinion.

Conclusion:  if you regularly visit my blog, then you should read this book.  It is at the heart of our industry.

After The Pirate Bay, here is BayFiles

Two founders of The Pirate Bay, Fredrik Neij and Peter Sunde, launched in August a new service: BayFiles.  BayFiles is a cyberlocker such as MegaUpload or RapidShare.  Thus, users can upload files and share them with other public.  The upload limit, as well as the bandwidth, depends on the subscription model.  Unregistered users can share up to 250Mb whereas premium users have no limits.

When examining the available services, and the terms of service, BayFiles officially claims proper behaviour regarding copyright.

We have a policy of terminating, without notice and without recourse, accounts of subscribers or account holders who are repeat infringers of copyright, and you agree that we may apply that policy to your account or subscription in our sole judgment based upon a suspicion on our part or a notification we receive regardless of proof of infringement.

Although they seem not to use detection tools, they should obey to DMCA take down notices (which was never the case with The Pirate Bay).  Furthermore, BayFiles does not offer search options or shared directories.  Thus, it is the user who will have to create the infringement by publicly publishing the sharing address.  Furthermore, BayFiles has not implemented a reward program which is often a huge incentive for illegal sharing.

And because they do not trust pirates, they put the legal fences:

If you write programs aiming to violate our Conditions of Use, you will be prosecuted and made liable for any losses occurred.

This transition from Peer-To-Peer towards cyberlockers is logical:

  • Cyberlockers are taking an increasing share of illegal sharing of copyrighted content
  • Cyberlockers are easier to monetize than tracker sites with subscription for premium services.

Cyberlockers are the new challenge in anti-piracy.

A cloud over ownership

This is the title of an excellent article of Simson Garfinkel in Technology Review.  He explores the consequences of the switch from physical cultural goods to digital cultural goods stored in the cloud.  It is nothing really new but it has the advantage to be clearly stated.

The first point is about privacy.  When you purchased a physical book or a CD, the merchant has no way to profile you.  Of course, if you purchase it on  a digital store such as Amazon, the merchant will be able to profile some of your preferences.  but with a digital good stored in the cloud, the merchant will be able also to analyze how you consume this digital good.  And this is even more interesting.  he will know what is you prefered book among the ones you purchased.  For the same result with a physical book, you need to look for the more worned book in my library.

The second point is really about persistence.  When I purchase a book, it is mine until I destroy it, or give it away.  With a e-book in the cloud, it is mine as long as the cloud operator accepts (or survives).  This si a massive difference.  I am not sure that the legislation has taken into account this shift.   I do not even tackle the issue of DRM that may shape the ways I can consume the digital good.

Thus, the notion of ownership of a digital cultural good is changing.  As the good itself, the ownership seems to become more ethereal.  Is it good or bad?  I don’t know.  It is most probably useless to look for the answer, I’m afraid it is an unavoidable shift.  We will have to adapt for the best and the worst.

 

 

YouTube and US music publishers reach an agreement

In 2007, the US music publishers, together with other content owners, launched a class action against YouTube.  At the same period, Viacom launched its suit against Google.  The two cases were concurrently treated with obviously some interferences.  The case with Viacom is not yet settled, although the last round benefited to YouTube.  In August 2011, YouTube and the US music publishers (at least the ones affiliated to the National Music Publishers Association (NMPA)) reached an agreement.

Some details on the settlement are available on YouTube’s blog: “Creating new opportunities for publishers and songwriters“.  YouTube will share some part of the advertising revenues when the content uses one of the registered songs.  YouTube’s content identification technology (ContentID) should detect any occurrence of a song.  No financial details are publicly available.

This is another step of Google, YouTube’s parent company, towards the normalization of its relationship with content owners.  YouTube may become one major legal distribution platform in the future…  Will the free model win?  Or will we see a YouTube++ with paid content?  Your guess?

 

 

Android Movie Rental and rooted devices

In May 2011, Google launched its new service of Video rental market for Android phones.  Soon, people discovered that the service was not available for rooted devicesRooting an Android device means giving yourself root permissions on the device.  In other words having FULL control of your phone.  This is not often the case with phones provided by operators.  Rooting is  equivalent to jailbreaking a device.  As Android is an open source system, very attractive to homebrew lovers, it is often the first thing they do to be able to create new apps.

The video app checks if the device is rooted and then refuses to play the content.  Why does Google do such a limitation?   The Video Rental Market uses a DRM to enforce the rental conditions.  One of the strong assumptions of software based DRM is that it runs in a rather trusted environment.  It is obvious that a rooted device does not fit with the definition of a trusted environment.  For instance, the app has no way to be sure that its system calls are not hijacked, or even if the system calls will act as expected.  Thus, it was obvious that Google had to take this measure.

Nevertheless, this limitation does upset the users who believe that open source means full control of their device.  Unfortunately, Open source and DRM are antagonist concepts.

As we could expect, the cat and mouse race has started.  It seems that a patched version of the app is available.  This version may not check the rooted device and accept to play the movie.  The movie is still protected by the DRM and you need a proper license to access your rented movie.