* Posts by Andrew Orlowski

1435 publicly visible posts • joined 6 Sep 2006

Queen’s Speech: Digital Bill to tackle radicalisation, pirates

Andrew Orlowski (Written by Reg staff)

Re: That's just cover

I know it's far too much trouble to RTFA, but anyway.

There is no change in copyright law. The threshold for bringing a prosecution has not changed. What a jury needs to determine guilt has not changed, either. The only thing that changes here is what a Judge can determine at the end of a trial, after the jury has returned a guilty verdict. A Judge is still free to determine what ever sentence he sees fit, but it can't be longer than 10 years.

"The proposed change is to make copyright infringement a crime with up to 10 years for NON commercial infringement."

No. That's not even wrong.

The word you missed here is "egregious". Which means "extraordinary", which if you're still struggling, means "out of the ordinary".

You cannot today be infringing on a massive scale, and turn around and argue that Daddy left you a nice trust fund, and that you actually run at a loss, and/or give away anything your operation earns to cat charity. That doesn't work, and nothing changes here either.

The Lonely Pirate MEP's Holocaust copyright stunt backfires

Andrew Orlowski (Written by Reg staff)

Re: Re: It is out of copyright

"Andrew, the cost (and beneficiary) of the (DRM, rented) Kindle edition is irrelevant, the whole of the story is around copyright terms."

That's the same mistake Reda made. She thinks people give a flying fuck, and they don't.

Andrew Orlowski (Written by Reg staff)

I write about the problems with digital copyright every day. People like the protections that copyright gives them (it's an automatic right - no registration) and they want the system to work well. The "abolition of copyright" movement never even got off the ground. Modern technology allows people to create and share their work more easily but the legal protections haven't kept pace.

A few narcissistic nutters want to weaken the protections, and cling desperately to any evidence they can find that it doesn't work. It's sad they still think that it's 1995. Term length is one of the few "unfairnesses" left. But we are in Comical Ali territory here.

Andrew Orlowski (Written by Reg staff)

Re: Pot, kettle...

You need to look in the mirror, veti.

" Let's cut copyright terms already, since according to you they make no difference anyway."

If getting copyright to work properly, it probably wouldn't be in the top ten issues to address. Only a few loony obsessives care, who are desperate to avoid reality.

I think a few of the high profile figures have so much of their identity invested in this they don't want to lose face.

No one cares about copyright term lengths. People care about problems with copyright that are real and immediate - like not getting paid, or being able to walk out of the room with a fair deal. Or access to justice.

The loonysphere clings on to term length because it needs to feel aggrieved, and it needs to avoid reality - It's a bit of driftwood for a drowning man.

Andrew Orlowski (Written by Reg staff)

Re: Re: "when actually allowed to say anything at all by the mods"

@scrubber

I'm not sure why you think repeating something false and misleading makes your point any less false or misleading. Eg: "Your view that only industrial infringers will be hit is naive in the extreme."

It is regrettable you were misled by the article. But a large part of that is because you actively go out of your way to be misled, because you require the persecution complex.

eg, "They have managed to ruin companies like Aereo"

Seriously? Aereo was a short-lived engineering hack around a loophole in the law. It would not have been created otherwise. It failed, and deservedly, IMHO. It makes you sad that a startup designed to rip people off failed, but few people outside the loonysphere of copyright slacktivism would agree with you.

You really won't be able to understand complex copyright politics (and there's lots to fix here) unless you let go of your persecution complex. Yes, huge corporations rip people off - but you're blind to the ripoff.

Do RTFA. It's exactly the mentality I'm describing:

"Instead of adjusting their politics to the reality of Facebook and Google, the activists have become trapped down an intellectual cul-de-sac, and have to adjust reality to their politics."

That's what you're doing: you won't let go of your big political idea, so you've become highly selective with reality. Over and over again. I wonder if some sort of intervention is needed?

Andrew Orlowski (Written by Reg staff)

Why would you want to rip off a charitable foundation?

Andrew Orlowski (Written by Reg staff)

Re: "when actually allowed to say anything at all by the mods"

No, you illustrate the copyfighter's persecution complex I describe perfectly.

The 10 year penalty recommended by the Government after a consultation applies only to industrial scale pirates, bringing the law It doesn't apply to home users as the IPO has clarified.

see: http://www.theregister.co.uk/2016/01/29/slacktivism_robo_responses_shredded/

So to recap. Your persecution complex has led you to a) misunderstand the law because you need to feel you are persecuted by copyright; b) then get even angrier leading to more feelings of rejection, persecution and paranoia. It's a vicious circle only you can break.

You could try being less angry and persecuted. Just a thought.

Andrew Orlowski (Written by Reg staff)

"I love the implication "If you don't like copyright then you're a dictator!!"

Er, no: RTFA. Authoritarian regimes don't like the individual asserting their rights. Particularly their rights over their cultural works. That's just a fact.

"It currently is not even remotely fair on all sides because it is de facto infinite for any work from Steamboat Willy on."

Copyright comment bingo: the first person to mention DIsney or Mickey Mouse wins the office sweepstake. Well, a) the system currently isn't fair to creators (as you would discover if you tried to assert your legal rights against Facebook, Google or Twitter) and b) millions of works fall out of copyright every year. But don't let evidence get in your way. You must do whatever you need to to keep up the irrational rage against copyright.

Andrew Orlowski (Written by Reg staff)

Re: Re: It is out of copyright

How would the creation of a enormous grey area the size of planet Earth between Public Domain and In Copyright simplify things, or create legal certainty? Perhaps you need to think this through.

The ebook costs £1.99. It's in libraries. It's not inaccessible.

Ten years in the clink, file-sharing monsters! (If UK govt gets its way)

Andrew Orlowski (Written by Reg staff)

Re: Re: His (her) Master's Voice

The consultation response removed any ambiguity that this was about the Torrenter at home in his shed.

Freetards completely need to have a persecution complex, just like Nelson Muntz needs to argue Bart hit him first.

Andrew Orlowski (Written by Reg staff)

Re: His (her) Master's Voice

Perhaps you were misled by the headline. The penalty for industrial scale digital piracy is being brought into line with the penalty for physical piracy and counterfeiting. These are not torts.

Given that the games, TV, movie and music industries in Britain employ millions of people (including loads of high quality tech and engineering jobs), I would expect them to a view on industrial scale piracy, wouldn't you? They would be negligent if they didn't.

Andrew Orlowski (Written by Reg staff)

Actually, no

The penalties, which bring punishments for digital piracy into line with penalties for physical piracy, apply to commercial scale infringement. Not to individual file sharers.

The conviction that one is being persecuted by shadowy powers is is a kind of mental illness. (A "persecution complex") There is no need to succumb to it, when the threat isn't actually real.

Unless you're actually running a pirate site, I wouldn't worry.

HTC 10: Is this the Droid you're looking for?

Andrew Orlowski (Written by Reg staff)

Re: UI design

Material makes a lot of sense for regimenting design, but it is very crude and toylike for power users (no long press/right click menus). Some readers like a bit of thought and innovation on their device UX. When no one can innovate except Google, you'll get innovation at Google's pace. Like the PC world where Microsoft got stuck on IE6 for years.

What you're asking for is phones differentiated only by price. But I suppose that's where it's heading anyway.

'Impossible' EmDrive flying saucer thruster may herald new theory of inertia

Andrew Orlowski (Written by Reg staff)

Re: Re: I don't believe this has an exhaust. That's what all the excitement is about.

It's up to the room-temperature fusion people so demonstrate that it works.

EmDrive produces a reproducible effect, now we need to know why.

Do you see the difference?

Official: EU goes after Google, alleges it uses Android to kill competition

Andrew Orlowski (Written by Reg staff)

Re: meh

"I;m really confused as to why EU bothered (I'm EU based)"

You answered your own question when you mentioned the Fire phone. Which doesn't run Facebook, Uber etc etc, because they rely on Google middleware.

Google's 'fair use' mass slurping of books can continue – US Supremes snub writers' pleas

Andrew Orlowski (Written by Reg staff)

Re: Re: Project Gutenberg

It's actually useless for real research. You have to buy the book, and often you can't.

The point is, not that there's no value in "snippets with gaps". Yes, that's fun. Google Books is a massive fail because there could have been a great market for extracts, somewhere between snippets for free and go and buy the book.

Plenty of blame to go round on this one, not just Google. But Google foreclosed the possibility of something really useful.

Andrew Orlowski (Written by Reg staff)

Re: Re: "Out of print" is a mortal sin

"However the copyright law ignores the market reality, most works have a very limited "shelf-life" after which there is no real market."

Not true in the book world. The sums may be small, but earning potential persists for years and decades. Most books we read are not hot off the presses. The internet has made discovering old works easier, and lowered the cost of warehousing them. So their value should go up, not down.

In any case,the "law" is what it is. Producers and technology couldn't come together to create a market in this case.

I don't think you really understand where the commercial value of Google Books should be: a Spotify for research, with all kinds of bundles and deals on offer ranging from free grazing to metered access.

I use libraries a lot for research, and would happily have handed over a lot of money by now. GB is little more use than a card index.

Andrew Orlowski (Written by Reg staff)

What's missing from Google Books is the middle ground: between "free grazing a couple of pages" and "buying the entire damn book". There's a lot of opportunity for authors and publishers to profit from that. And a lot of scope for innovation in how it's marketed and presented.

It didn't happen and probably never will.

"anyone to self-publish on the interwebs probably does as much to kill organised scholarly textbook writing"

Erm. Wikipedia has worked out so well!

Music's value gap? Follow the money trail back to Google

Andrew Orlowski (Written by Reg staff)

As usual, you're avoid the issue with a boilerplate rant. ("Go and sell more T-shirts. Go and play live. I want the recordings for free").

The issue is whether trade negotiations for the use of the artist's recordings is a fair one or not. The evidence suggests not: that artists are getting a fraction of the value those recordings can get from Google, because Google can pull a stunt that Spotify cannot pull.

Given your comment history I wouldn't expect you to say anything else. I just live in hope.

Andrew Orlowski (Written by Reg staff)

Re: Asleep at the wheel

The piece is about a weird legal loophole that permits YouTube to maintain an unlicensed supply chain. It has also leveraged two monopolies: a video monopoly and an advertising monopoly. The fairness of the terms of trade is reflected in the market price: a few cents per used are returned by YouTube, for Spotify it's in dollars.

($18 to $1)

You write:

"It's time to dump our labels and the greed that drives them."

That's a pretty amazing thing to write in 2016. Maybe you've been writing the same thing year after year, and not noticed the world has changed: the power is overwhelmingly with UGC platforms. I get that impression from a few comments: minds were made up a long time ago.

Blathering about past injustices is just a way of avoiding what's staring you in the face.

Andrew Orlowski (Written by Reg staff)

Re: Great . .

"If the user could not access the music for free on Youtube et al then most of them probably wouldn't access it at all. "

That isn't really credible - it's an argument of convenience, that the music must be given away. Maybe sweets have to be given away too. Or cars and houses.

Andrew Orlowski (Written by Reg staff)

No, Google won't turn the filters on unless you do business with Google, on Google's terms.

Andrew Orlowski (Written by Reg staff)

Re: Oh dear. What a poor metaphor!

eh?

Andrew Orlowski (Written by Reg staff)

Re: That is all well and good

"But Prestige Boots would use a take down request to prevent anyone else selling a pair of wellies which looks similar to theirs, or any type of foot coverings to protect their interlectual property."

Are you drunk? What are you trying to say?

You Leica? P9 certainly is a Great Leap Forward in imaging... for Huawei

Andrew Orlowski (Written by Reg staff)

"Radio" in our reviews is shorthand for anything to do with cellular radio reception.

Huawei's P9 flagship: There's a lot to Leica

Andrew Orlowski (Written by Reg staff)

Re: 4g on huawei

There was no P4. (Tetraphobia)

The P6 (2013) maxed out at 3G

The P7 (2014) supported LTE/4G.

Andrew Orlowski (Written by Reg staff)

You've saved me a review. Only now with the P9 you can't switch to another launcher.

Phew. I'll see you in the pub.

'Contractual barriers' behind geo-blocking could breach EU rules

Andrew Orlowski (Written by Reg staff)

@robidy

"Could this mean the BBC licence fee becomes pan European? Could stop a lot of people voting for Brexit..."

Greeks and Bulgarians are desperate to pay the TV License apparently:

"[Ansip] gave the BBC as an example. “Because of rights agreements you can only download or stream BBC iPlayer TV programmes while you are inside the UK. In the off-line world this would be called discrimination. In the online world it happens every day. I want to pay, but I am not allowed to. I lose out, they lose out. How can this be a good thing?”

http://www.politico.eu/article/geoblocking-targeted-in-digital-single-market-strategy/

We tested the latest pre-flight build of Windows 10 Mobile. It's buggy but promising

Andrew Orlowski (Written by Reg staff)

Re: "Cortana unfortunately adds next to nothing to the Windows experience"

Fair point.

But then you probably drive a modern car that starts with one of those automatic "ignition" things. With mine, you put your feet through the floor and run really fast.

Google gives ringing endorsement to US VPN providers with 'right to be forgotten' expansion

Andrew Orlowski (Written by Reg staff)

Re: unacceptable!

I'm not sure why your comment was down voted when it is 100% factually correct. Perhaps people don't like lawless multinationals in theory, but can live with lawless multinationals in practice, so long as they don't suffer the massive inconvenience of having to change their search habits.

Google is fighting RTBF not out of some altruistic principle, like "internet freedom", but because it wants to reserve the right do to what it wants, where it wants.

If you allow multinationals to set the law, how are you going to impose privacy regulations, or make them pay taxes? By asking nicely?

Europe is spaffing €20bn on handouts for tech

Andrew Orlowski (Written by Reg staff)

Re: Clarification

"I do not understand the apparently negative tone of the article."

One reason is apparent to me: you don't understand how films and TV productions are financed and sold. Presales fund production, and the agreements typically use price discrimination across EU member states.

We regularly mock luvvies (like Stephen Fry) who claim to know how technology works. Maybe we should do the same for techies who don't understand the economics of producing cultural goods - and don't want to learn.

"By the way, Andrew, it appears that you forgot to set the moderation flag this time."

I really ought to start selling tinfoil hats. It sounds like you need one.

Andrew Orlowski (Written by Reg staff)

Re: Re: Eh, count me as dubious

"The vast majority of audiovisual content consumed in Europe comes from the US."

The opposite is true.

But it's the internet, so you don't need verifiable facts to support your argument. Just make something up.

Andrew Orlowski (Written by Reg staff)

Auditors haven't signed off the EU accounts for almost 20 years. It's a very wasteful way of spending a pound. Or Mark. Or a Frank.

Andrew Orlowski (Written by Reg staff)

@Hobbes

Thanks for sharing!

But you miss the point of the argument.

"The removal of geoblocking...popularity"

The films won't get made in the first place. Differential pricing is a prerequisite of getting the finance. That's just how capital works.

Generic and bland products like Hollywood blockbusters or Mr Bean can be licensed on a pan European basis without these concerns.

Euro regulator taps slackademics for neutrality advice

Andrew Orlowski (Written by Reg staff)

Re: Political not technical

Thanks AC

This is the nub, really.

"Net neutrality is about ensuring that end users have open access to all the services they require, without gatekeepers (either ISPs or existing service providers) distorting that for commercial purposes."

So is competition law. Why is a neutrality regime better than the well established antitrust law which it would replace? Are Marsden and co better competition lawyers than the antitrust lawyers? I don't think so. Do the Net Nannies have some secret knowledge? That doesn't seem to be the case either.

What Geddes and PSI are arguing is that evidence of wrongdoing may not actually be evidence of wrongdoing - and in that at least, they're right.

Wikidata makes Wikipedia a database. Let the fun begin

Andrew Orlowski (Written by Reg staff)

Earlier coverage...

We've covered this already. Interested readers (and Mark Pesce) himself might be interested to know the problems with Wikidata:

"Unsourced, unreliable, and in your face forever: Wikidata, the future of online nonsense"

http://www.theregister.co.uk/2015/12/08/wikidata_special_report/

There are two related problems:

1. citogenesis https://xkcd.com/978/

2. the inability to find a source or a citation for a "fact"

So WD may be circular, but not a very "virtuous circle".

Cameron co-opts UK mobile industry for EU Remain campaign

Andrew Orlowski (Written by Reg staff)

Re: BBC bias

You must have missed Kamal Ahmad on the Ten O'Clock News staring nervously over a bloody great cliff.

Interesting symbolism. I wonder what he was trying to tell us?t

Meet the original Big Data, TED Talk, Thought Shower Futurist

Andrew Orlowski (Written by Reg staff)

Yes, data should have property rights, and your data should belong to you.

It has been floating before:

https://en.wikipedia.org/wiki/Habeas_data

http://www.theregister.co.uk/2012/06/11/habeas_data_fighting_data_expiry/

Do you think this would be popular with users? I do. And very unpopular with Google and Facebook, which might have start to respect people's property.

Terrified robots will take middle class jobs? Look in a mirror

Andrew Orlowski (Written by Reg staff)

Re: It's not about jobs, it's about income...

I don't disagree, Graham.

You're blaming the "neoliberal capitalistic setup" but that isn't the full picture. The concerns of the political and media classes are not the concerns of the poor. For example if green policies put up energy prices, the poor pay a disproportionate price. The middle class get cheap nannies and cleaners from economic migration and the indigenous working class are told to sod off. A lot of the gravy trains we write about are job creation exercises for the middle class. Coding in schools, digital literacy, etc.

The middle class Left now does virtue signalling very well, but its social solidarity has disappeared.

http://www.joelkotkin.com/content/00924-dawn-age-oligarchy-alliance-between-government-and-1

Andrew Orlowski (Written by Reg staff)

Re: Behaviourism

I agree, it's everywhere.

We don't act rationally at all times, obviously. But once you decide a priori that people can't act rationally at all, then behaviourism is about all you have left: hence all the nudging, prodding and hectoring.

Remember WordPress' Pingbacks? The W3C wants us to use them across the whole web

Andrew Orlowski (Written by Reg staff)

Re: Scaling?

I'm not sure the GBL ever thought of bidirectional linking, but others did, and had added it to the specs by 1996:

http://www.cogsci.ed.ac.uk/~ht/new-xhl.html

"he would've added an automatic content replication feature as a safeguard against dead links. But that wouldn't be easy."

Those are implementation details. Replication and caching (eg Squid) don't belong in a language spec.

Andreessen stokes the Facebook Free Basics ‘colonialism’ row

Andrew Orlowski (Written by Reg staff)

"Can we assume Andrew now thinks Google giving away search, email, storage, Android and so many other freebies was a good thing? That he was wrong to complain about market distortion, people as the product and so much else? Or maybe agree the benefits outweigh the problems for many, many people?"

You are far too smart to advance arguments you know are dumb, Paul. Google is in a monopoly position, FreeBasics on Reliance isn't. 100 million Indians got full internet for the first time last year, via a variety of providers, 1m got FreeBasics (ie Ceefax) from one.

"Or does he just believe Facebook are nice guys with nothing but good intentions we can trust as unregulated gatekeepers to the worlds poor?"

You need to have a gate to be a gatekeeper.

You're supporting the ban then?

Andrew Orlowski (Written by Reg staff)

Re: Fake debate

"barely veiled neo-liberal landgrab"

Oh dear. 40 pages of Ceefax, and your knickers are really in a twist.

Andrew Orlowski (Written by Reg staff)

Re: Re: Are these apples or oranges?

Um, they are. That's the whole point of Basics, it is only a few dozen pages and some chat. That allowed them to find a network operator prepared to offer something for free.

Ben Evans noted the irony of Facebook squandering the trust of users over many years, in pursuit of profit. And the one time it gets something right, and profit isn't the main motivation here, few people want to give it the benefit of the doubt. There's a lesson there.

Move over, Google. Here’s Wikipedia's search engine – full of on-demand smut

Andrew Orlowski (Written by Reg staff)

Re: Just one point in the article.

But is it common at the WMF? That's explained in the Signpost article, linked to in the article.

https://en.wikipedia.org/wiki/Wikipedia:Wikipedia_Signpost/2016-02-03/Op-ed

--> "Has the Foundation's grant transparency policy changed?"

Want blazing fast Netflix streams? Book a flight to Northern Europe

Andrew Orlowski (Written by Reg staff)

Re: missing something

Quite. Buffering isn't caused by slow pipes, but network congestion.

Netflix runs an index so it can shame and then bully ISPs into cutting better deals:

http://m.theregister.co.uk/2014/10/28/netflix_and_us_giants_use_europe_digital_agenda_against_it/

If you cut a deal Netflix likes, your rating improves. Like magic!

Are Indians too stupid to be trusted with free Internet?

Andrew Orlowski (Written by Reg staff)

Re: It's not free Internet.

"It's a malicious exploitation and curated walled garden of data."

I'm saving this for Quotes of the Year. It's that good.

Andrew Orlowski (Written by Reg staff)

Re: $1 per day

"I don't see why the working class need baths in their homes. They'd only keep coal in them"

Andrew Orlowski (Written by Reg staff)

Re: It would be the same anywhere

"India's poor are not getting treated any differently."

Demonstrably, they are. Basics is live in 37 countries and has been shut down by the elites in just two.

Andrew Orlowski (Written by Reg staff)

"Nice propaganda brah. The Indian people themselves are protesting this one without a white imperialist in sight."

A few members of the rich Indian elites have captured their telco regulator. (The same thing happened in the US) Both think Indians can't be trusted to make a choice we managed to make. Guardian racism in a nutshell.