* Posts by Andrew Orlowski

1435 publicly visible posts • joined 6 Sep 2006

Ex-Windows designer: Ballmer was dogmatic, Sinofsky's bonkers, and WinPho needs to change

Andrew Orlowski (Written by Reg staff)

Re: Re: So blameMicrsoft because it doesn't innovate...

Under Steve Jobs, Apple didn't do any UI testing. So doesn't your third paragraph contradict your second?

Andrew Orlowski (Written by Reg staff)

When Bell uses jargon in the AMA (which isn't very often) he explains what it means.

https://medium.com/i-have-no-idea-what-im-talking-about/i-have-no-idea-what-im-talking-about-microsofts-rumored-spartan-browser-5a046e3079b5

Andrew Orlowski (Written by Reg staff)

Re: Re: I don't get the hate

Speculative. The opposite was actually true, as we've reported.

http://www.theregister.co.uk/2013/11/29/revealed_the_secret_apple_deals_that_squeeze_rivals_and_tax_you/

Nokia/Microsoft couldn't compete with the strongarm tactics of Apple, which had trouble shifting the 5c, and the spiffs that Samsung threw at the channel. Smaller vendors couldn't get release slots - literally.

The content business wants Netflix out of Australia

Andrew Orlowski (Written by Reg staff)

Re: Just give me a decent legal way to download.

Uh, you do know that the RIAA doesn't represent the movie industry, but the music industry?

You want the other Ass.

Labour policy review tells EU where to stuff its geo-blocking ban

Andrew Orlowski (Written by Reg staff)

Re: Meanwhile, in the real world...

"Either taxpayer money is always found to "fulfill a pressing need for local cultural diversity" (aka. vote buying of the "creative types" because no-one is actually interested enough for the product to make economic sense) or else the market is totally not as bad as continually portrayed."

Well everyone likes a good whinge. There is a market for niche stuff today, I doubt if all of it would be viable if territoriality was abolished.

Andrew Orlowski (Written by Reg staff)

Re: Re: It's just like DVD region coding...

Not really, the objection is at the B2B level.

Andrew Orlowski (Written by Reg staff)

Re: Re: How does this affect micro-businesses?

"No you don't have to sell to anyone - you just can't limit the license to certain eu countries."

Same difference. It means that in the EU you'll have to er, sell to anyone.

Even if I improve your shop analogy to say "I cannot charge French people more" it doesn't hold up, because by opening a shop you're obliged not to discriminate. Whereas price discrimination is absolutely essential in this market.

Andrew Orlowski (Written by Reg staff)

Probably because the headline is misleading - we'll fix it.

What's called (propaganda-friendly term) "geoblocking" really means "freedom of licensing". The EU wants to stop this.

Of course if you think Europe is one country with one language, it's logical. If you think Europe is lots of countries with even more languages, then the reform is coercive.

Andrew Orlowski (Written by Reg staff)

Re: It's just like DVD region coding...

"...release the same content at a *lower* price in other parts of Europe, while keeping prices hiked up for the local audience? Then that's just market abuse."

No, it isn't. It's bog standard price discrimination. If you sold stuff then you'd want to do this too.

Andrew Orlowski (Written by Reg staff)

Re: I don't get it...

"Why would the removal of geo blocking hurt niche/local producers (which seems to be one of the arguments here). OK, they can't restrict which areas they sell their content to, but why does that hurt them?"

Because they can't maximise the price of their goods. If you RTFA it's quite informative - follow the link to the Rivers study for the European Commission, it's quite a readable analysis of price discrimination.

Streaming tears of laughter as Jay-Z (Tidal) waves goodbye to $56m

Andrew Orlowski (Written by Reg staff)

Re: Damned if you do, damned if you don't

"Doesn't un-recouped just mean that you royalties have not exceeded your advances?"

Sales royalties, yes. There are other royalties that the record company cannot control.

"Conventional wisdom is that you enjoy a lifetime in music not by making royalties on music sales so much as by touring, selling merchandise, etc."

Conventional wisdom from ... who? People quoting 20-year old Steve Albini and Janis Ian articles on Slashdot? Or from people who have helped destroyed sales, who have absolutely no vested interest at all in telling you that artists should sell more T-shirts?

Sales were once at a level that a sick artist didn't have to go on the road even though they have cancer, like Levon Helm had to:

https://vimeo.com/122361826

Andrew Orlowski (Written by Reg staff)

Re: Damned if you do, damned if you don't

"I'd feel more charitable if the Tidal crowd on that stage made music that I'd want to hear. Why would I want to encourage more of that that garbage?"

OK. We get it. But there are two things here, 1) liking/trusting the music that the people involved, and 2) the viability of their proposition that someone can do better than Spotify.

"How could I trust these identikit-surgeoned airheads to promote original bands?"

Because Jay Z has quite a good track record doing so?

Andrew Orlowski (Written by Reg staff)

Damned if you do, damned if you don't

Like you say Dabbsy, the megastars behind Tidal have done better from streaming than anyone else - they are not in the long tail and have deep back catalogs. So for them, the micro pennies add up.

The "new" record business is even less fair than the "old" one, because the "old" one was basically a socialist model. It used the windfall profits from Jay-Z and Madonna and redistributed them to support the Middle Class and blue collar artists: the "99 per cent". A lot of artists failed to recoup their advance but still enjoyed a lifetime in music. For example David Lowery never recouped but had a twenty year career thanks to a minor hit. That's better than twenty years behind a Tesco checkout desk.

http://www.theregister.co.uk/2012/07/08/david_lowery_interview/

http://www.theregister.co.uk/2012/06/04/lowery_on_the_music_business/

Lowery: "I know this is probably really confusing to you civilians. Am I really saying it’s better to be un-recouped as an artist? Yes it is. Quantitative finance geeks will see this as selling a series of juicy “covered calls”. Being un-recouped means you took in more money than you were due by contract. You took in more money than your sales warranted. And there was a sweet spot, being un-recouped but not too un-recouped. For instance I estimate that over my 15 year career at Virgin/EMi we took in advances and royalties equivalent to about 40% of our gross sales. In other words we had an effective royalty rate of 40%, despite the fact that by contract our rate was much lower)."

This is no longer possible for a few reasons, one of which is that the superwealthy (eg Madonna) can break away and sign their own 360 deals, so the windfalls are not redistributed. The megastars backing Tidal say they want a fairer system, with larger payouts for all, and if they make good on their promises to invest in new talent may be they will achieve that. It takes a lot of commitment and I don't know if many of them have that.

But we knock them (rightly) for sitting around and moaning about the unfairness of the world yet doing nothing about it. Then we knock them for trying to do something about it. The buggers can't win.

EE springs Wi-Fi phone calls on not-spot sufferers, Tube riders

Andrew Orlowski (Written by Reg staff)

Re: "Seamless?"

"As I understand it, you use the normal phone app to make the call, rather than for example O2's ToGo app, "

Yes it uses IMS not an OTT craplet. Cuddles needs to RTFA.

'Modernise' safe harbour laws for the tech oligarch era – IP czar

Andrew Orlowski (Written by Reg staff)

Re: Safe harbour is doing fine. Takedowns are broken.

"The idea that big copyright holders have that they must attack the infrastructure is both disgusting and disturbing"

Well, two points.

1. It's little copyright holders (and that includes you) - should you ever do something as post a photo online - who get screwed today. That's if you want to own and control your own stuff, such as pictures of your family.

2. So called Safe Harbour liability limitations were never intended to shield criminal behaviour, but protect honest operators from being clobbered unfairly. They're obviously being used for a bit more than that. So something will need to change.

Whether we need a standing army of copyright cops is another matter. Not one many readers would want, or one I think is necessary.

Pretending there isn't a problem makes it more likely you'll get a standing army, though. Just saying.

Europe could be drowned in 'worthless pop culture' thanks to EU copyright plans

Andrew Orlowski (Written by Reg staff)

Re: Languages

The current trading system is based on the principle that you know how best to market your stuff - who to sell to, and where. No coercion is required. Coercing people to trade with people they don't want to trade with is very risky, and Ansip doesn't really get this, yet.

Perhaps in the future people won't remember where they're from, Europe will be one big happy country, and we will all speak the same language... and this won't be an issue.

Andrew Orlowski (Written by Reg staff)

I was watching Top Gear dubbed into Polish at a mate's house the other day. Poles here don't have any difficulty getting Polish cultural goods under the current system. It's all licensed.

Cyborg Ansip doesn't seem to have realised what he's stepped into.

Andrew Orlowski (Written by Reg staff)

The argument for enforcing a pan-European license is that the bigger market makes up for the lower returns from your home market. With some goods like football, this might be true. For others it isn't, for obvious reasons, mainly language. Your entire market for the Albanian equivalent of Sex Lives Of The Potato Men lives in Albania, pretty much.

The European Commission has just spent a few years looking at this. Barnier found that territoriality would diminish cultural diversity. Kroes leaked his report, then refused to endorse it. Juncker instructed Ansip to bring this regardless.

14 years ago a compromise was devised (see Santiago Agreement) which was a pan-European license but administered in the home territory. The EU didn't like it, and here we all are.

Andrew Orlowski (Written by Reg staff)

So you sacrifice cultural diversity for peace.

Can you explain how this works, exactly? I've never understood it.

This ISN'T Net Neutrality. This is Net Google. This is Net Netflix – the FCC's new masters

Andrew Orlowski (Written by Reg staff)

Re: So the FCC set up a fight between ...

Google own the largest private network in the world.

I'm sure the FCC rules mandate that others have access to it, on fair and reasonable terms. They do, don't they?

Andrew Orlowski (Written by Reg staff)

Re: First part was better.

"Who are the new slaves?"

You are, obviously.

You can't own or control your own stuff. Which means there is no real functioning market for stuff. The terms of trade are set by others.

The tech oligarchs take the place of the market, set the terms, control the price, etc.

This has been their greatest achievement: persuading people to act against their own economic interests.

Google wins fight to keep Adwords FBI drug sting docs secret

Andrew Orlowski (Written by Reg staff)

Repeating the smear on Hood, out of context, suggests you have real difficult with the context of this story.

You can read the request from Hood and the Attorneys to Google yourself. It's 72 pages. Look where copyright or IP figures in it. Look what they're really after.

Nokia boss smashes net neutrality activists

Andrew Orlowski (Written by Reg staff)

Re: Re: Tosh

"In many areas of the USA there is exactly 1 ISP (occasionally 2) available to connect to."

89 per cent of Americans have a choice of five broadband providers, wireline or wireless.

http://www2.itif.org/2013-whole-picture-america-broadband-networks.pdf

You wouldn't think so from comments left on message boards, etc, but in my experience, some people prefer complaining to being active consumers, campaigning and switching.

"It's no real surprise to find out that incumbent telco ISPs pretty much throttle VOIP out of existance"

Really? Someone should tell Skype!

"https://wiki.openrightsgroup.org/wiki/Net_Neutrality"

ORG. 'Nuff said.

Andrew Orlowski (Written by Reg staff)

Re: Are people even reading the comments?

"ISPs are artificially creating service differentiation"

I can't think of a single instance of this ever.

"In summary, NN says paying more money should be about buying more infrastructure at the ISP end..."

That makes no sense at all. It's about paying for peering (what Netflix had to do, because it had tried to do OTT video on the cheap) vs. using a third party vs. building your own network (what Google does with YouTube).

You can monitor peering in real time:

http://www.theregister.co.uk/2014/05/09/net_neutrality_explained_and_how_to_get_a_better_internet/

Your comment is a fantastic illustration of the ignorance often exhibited in such discussions.

Andrew Orlowski (Written by Reg staff)

Re: Semantic confusion

+1

I'm not sure a single constituency anywhere in the world would vote for or support "net neutrality" (defined for the sake of argument as pre-emptive technical regulation on speeds, services etc).

It's really only a minority within a minority within a minority who give a crap about this. 75 per cent of American voters have never even heard the phrase "net neutrality", and most Democrat voters care about the economy and jobs.

Unfortunately net neutrality activists live in a bubble world, and only ever meet people just like themselves.

Andrew Orlowski (Written by Reg staff)

Re: Re: Hmmm

"Bloke on the intertubes uses a deliberately emotive argument, however much he knows it's not really valid, to try to gain favour from the non-technical masses for his own agenda which is the sale of equipment to produce a tiered internet."

Maybe.

Or maybe the internet is already "tiered" (aka polyservice), was designed to be "tiered" from 1981, and so should be regulated using business and competition regulations rather some genius with dandruff trying to predict what will be "fair" in 20 years time?

Andrew Orlowski (Written by Reg staff)

Re: Corporate shill and blithering idiot.

"Net neutrality can accommodate protocol priorities"

Not by most definitions of net neutrality in current use by net neutrality activists. All packets must travel at the same speed, they insist. (Eg, Franken etc).

This isn't actually how things work, and if it was strictly imposed the internet would be a smoking heap.

Andrew Orlowski (Written by Reg staff)

Re: He seems to have failed to understand

"What net neutrality is. It does allow for the prioritisation of packets."

Not by Sen. Al Franken's definition. Or <insert idiot here>. When one packet is being prioritised, that means another packet is going slower, which means "discrimination" is taking place, which is evil, which means we need new laws to stop it.

"If VOIP packets get priority then ALL VOIP packets are treated equal, no matter where they came from."

Yes, that's what some people want, and it's marginally less bonkers than Franken/Public Knowledge's interpretation - but it still puts consumer Skype packets the same speed as real-time applications - in the same slow lane.

If you give a monkey a loaded machine gun, the chances are it will eventually shoot you. That's where the "net neutrality" debate has reached. The activists are complaining the monkeys have really bad manners.

Andrew Orlowski (Written by Reg staff)

Re: Preposterous

"Indeed, net neutrality doesn't stop ISPs from selling different speed, different contention, different download limit services even from the same service. "

That's exactly what net neutrality activists want to stop. You've summed it up nicely.

Netflix: Look folks, it's net neutrality... HA, fooled you

Andrew Orlowski (Written by Reg staff)

There is a potential competition issue when "big OTT video" (eg Netflix) muscles out "small OTT video".

Google is "big OTT video" too, but spent billions building out its own private network, right into the ISPs.

City broadband ISPs: PLEEEEASE don't do 'Title II' net neutrality

Andrew Orlowski (Written by Reg staff)

Re: we've seen it before

Title II means you're probably going to be stuck with Comcast forever. It'll be around in 100 years time, as a price controlled, regulated giant.

But that's OK. People love Comcast.

Google gets my data, I get search and email and that. Help help, I'm being REPRESSED!

Andrew Orlowski (Written by Reg staff)

@Gordon 10

"Now Im hoping that increasing valuation of data is an indicator that the Tech giants are going to get a shock - but the realist in me suspects its going to be over a very long timescale."

What makes you think the value of that data will increase? Supply and demand tells me it will only go down.

The problem is that inferred data is nowhere near as valuable as revealed preference data. If I sell yachts, and I know you've bought two yachts in the past, I don't really care what your inside leg measurement is. It's the yacht purchasers that matter.

Andrew Orlowski (Written by Reg staff)

Re: yeah but, no but

" It's just a pseudo-random figure that some "experts" pulled out of their backsides"

No, the figure is the selling price of that data, in an open transaction. It's what people said they would sell for.

Like Tim, everything is for the best and you just don't want to look the Gift Horse in the Mouth. You do sound very eager to rubbish any evidence that might contradict this view.

My position is not that "Google is evil", but that there are also many costs to the enormous consumer surplus generated Silicon Valley companies giving away services (and other people's stuff) for free. They don't do it because they're nice, you know.

Andrew Orlowski (Written by Reg staff)

Nice analogy.

People don't think about the value of the data most of the time Have a look what happens when they do:

"Survey respondents said the most valuable data was personal income, followed by the email addresses of close friends and family. Demographic data is less highly valued, although it’s incredibly valuable to fraudsters. The total value however is significant: £140 (€170) per consumer"

http://www.theregister.co.uk/2014/10/01/personal_data_priced_and_its_a_lot/

Tim doesn't want to look the gift horse in the mouth. But when we do just that, the proposition doesn't look like such a fabulous deal. And that's counting the opportunity cost of market destruction.

A year with Canada's Volvo-esque smartphone – The BlackBerry Z30

Andrew Orlowski (Written by Reg staff)

Re: Data contract requirements?

Do you mean like a specially provisioned SIM? No.

Cheer up UK mobile grumblers. It's about to get even pricier

Andrew Orlowski (Written by Reg staff)

Re: Seriously?

No, of course not.

But Ryan Heath (author of "Steelie Neelie: The Best of @NeelieKroesEU" and her spokesperson at the time) told me that any MEP who voted against the Telecomms Package would have to face to the wrath of the voters. He genuinely thought that when people vote in European elections, this is how they base their decisions.

I'm making the comparison to show the difference between how Eurocrats think the world works, and what really happens in real life.

Fertiliser doom warning! Pesky humans set to wipe selves out AGAIN

Andrew Orlowski (Written by Reg staff)

Re: Re: Even if true, addressing individual symptoms is not going to work.

"Fluffy Bunny" - your views are indistinguishable from fascism. As a rich white guy, the only you offer the poor are coercion or death.

Population falls to > below replacement levels < as soon as living standards improve - so why not just say you want the poor to stay poor?

Arrr: The only Pirate in European Parliament to weigh in on copyright

Andrew Orlowski (Written by Reg staff)

"And for the last time, copyright infringement is NOT theft. Read carefuly, NOT THEFT."

Try infringing a dubstep album, then popping along to Tottenham or Peckham to tell the guys who made it what you did, and that it is harming them.

Please do that.

I'll hold your coat.

Andrew Orlowski (Written by Reg staff)
Big Brother

Re: Copyright contract with the public is broken.

Hello, Jeremy. Shouldn't you declare your own dirty secret? You failed to mention it in your post.

First off - as you and Eben told me many times, the GPL depends on strong copyright law. The GPL would not survive if property rights could not be asserted, then defended, in Court. The GPL survives because of the respect Courts have for property rights. You also need strong contract law, which you don't get in a banana republic - but you can't even get into court without the property right.

In fact, I think you were the first to point this out. Or Eben. I can't remember.

I can think of a "shittier situation for all concerned" - and it looks like individuals losing control of our pictures and words - so that only giant corporations can profit from our work. "Copyfighters" can whine all day about the length of copyright, but if it can't be asserted, the law is merely decorative. It doesn't matter if copyright terms are 1,000 years or a million years - if they can't be asserted, they are meaningless. If you can't assert (C), then pop goes the GPL. Along with much else.

The Public Domain Day backfired badly, because no matter how you slice it, it means privileged white college kids want to stop paying black people. Living black artists.

https://twitter.com/dgolumbia/status/550678771901427712

https://twitter.com/dgolumbia/status/550679167172636672

The dirty secret of "Jeremy Allison" these days is that he works for Google. A corporation worth $468bn. The biggest corporate lobbyist in the USA. A corporation built on not paying other people for using their stuff. So I think you need to put in a disclaimer when you comment on copyright issues.

"These views do not reflect the view of my employer. It's just a coincidence that my employer, Google, lobbies to destroy your digital property rights, and your ability to control your identity."

So, how is life on the plantation, Jeremy?

Ireland: Hey, you. America. Hands off Microsoft's email cloud servers

Andrew Orlowski (Written by Reg staff)

Re: This, and Google's fight against the MPAA/Hood are important.

Google funds far more lobbying and astroturf than its competition across various industries. Google is now the biggest corporate funder of political activity in the USA.

I doubt you would support a smear campaign against Hood and his silencing using lawsuits by Goldman Sachs, or Microsoft, but maybe you would.

I'm sorry I knocked your conspiracy theory over, I can see how that hurts, and that you want it back.

Google sues Mississippi Attorney General 'for doing MPAA's dirty work'

Andrew Orlowski (Written by Reg staff)

" The hacked emails provide a treasure map to where the bodies are buried."

Tinfoil in place. The emails *must* contain a treasture map because there *must* be bodies buried, because it's the MPAA, and they're mafia and they're always trying to break the internet, right? So all other facts, and all other ethical considerations become supernumerary.

We have a name for this paranoid psychosis: www.theregister.co.uk/2012/02/10/pseudo_masochism_explained/

The NYT trawled through Hood's correspondence and found nothing. Google went through stolen documents and gave The Verge a conspiracy theory on a plate, and it doesn't stand up.

But a $60n a year corporation sues the democratically-elected Attorney of the USA's and "progressives" cheer?

Andrew Orlowski (Written by Reg staff)

Re: Only in America

@ratfox

“In my 10 years as attorney general, I have dealt with a lot of large corporate wrongdoers. I must say that yours is the first I have encountered to have no corporate conscience for the safety of its customers, the viability of its fellow corporations or the negative economic impact on the nation which has allowed your company to flourish.”

Hood's letter to Larry Page, Google CEO; 27 November 2013.

Mississippi voters are entitled to vote who the hell they want as their prosecutor, and Hood is democratically elected.

Do you remember voting for Larry Page?

Do you see the problem here?

A powerful multinational corporation doesn't like other people making the law. Hood is the most effective lawmaker it has encountered.

So Google is prepared to use stolen documents to take him out.

Pitch Black: New BlackBerry Classic is aimed at the old-school

Andrew Orlowski (Written by Reg staff)

Did you really join The Register Forums just to say that?

Is there anything else you'd like to get off your chest?

Andrew Orlowski (Written by Reg staff)

Re: Also

Yes, you can hold down the shift and use the trackpad to select a sequence of emails. Then go back and unselect ones individual (trackpad click) you want to keep. Then hit Backspace to get shot of the others.

Andrew Orlowski (Written by Reg staff)

Re: That Thinkpad

Sorry, daft omission. It's an X230, so it's 12" wide.

Don't get me started on Lenovo ruining the Thinkpad X series...

Andrew Orlowski (Written by Reg staff)

Re: Why didn't they keep the keyboard curved?

It would be nice to have that shape, but in practice, I am finding this is the best keyboard ever on a BlackBerry. They've really nailed this one.

Andrew Orlowski (Written by Reg staff)

Re: Win

Exchange email support in BB10 is excellent, other parts could be better.

Specifically, it doesn't support Tasks as well as it should (Categories are ignored by Remember) and Contacts doesn't respect Exchange contact groups. Which is incredible, the old BlackBerry did.

Andrew Orlowski (Written by Reg staff)

Re: Re: Also

BB10 has done this from the start. Overall deleting emails s much easier now.

One-click, net-modelled UK copyright hub comes a step closer

Andrew Orlowski (Written by Reg staff)

Articles can always be clearer. The Hub isn't a complicated idea, but it might be unfamiliar.

DNS is not a bad analogy. DNS is a service and a platform (ie, middleware). The Hub allows you to plug in metadata databases, and apps that allow you to use those metadata libraries for transactions. I don't think it specifies what they might be. Just like DNS resolves a name to a number and doesn't tell you what applications (http, ftp) are there.

"Hey, come down from your ivory tower, Mr Journalist! I dare you to show yourself below the line!"

-vs-

"Oy. Stop engaging here we don't like it"

Andrew Orlowski (Written by Reg staff)

Re: Re: Is it reasonable ...?

"Also, anyone with any understanding of the law knows that "people who create content" do not in general "have ownership of that content". "

That's your problem right there, anon. The law ensures the individual owns what they create, via copyright, automatically, for a limited period. Everybody knows this and understands this, whatever normative and political views they draw from that.

You, by contrast, have built an entire worldview on deliberately misunderstanding the law and the purpose of granting temporary exclusive rights to people. Your politics is founded on getting it wrong.

(In Germany, you can't even assign that ownership to anyone else. All usage by anyone who isn't an owner is done by contract. The world hasn't fallen apart.)

As a result of insisting that up is down, and black is white,

1) your arguments have become hysterical eg:

..."government-funded gangs that kidnap people internationally"...

...and 2), ethically unsupportable. A twice convicted fraudster was arrested for perpetrating a serious economic crime. He profited from the work of others without paying them a penny. Since black is white, he becomes the "victim". He becomes poor victimised Kim...

The reason your arguments have become hysterical and morally dubious is because you've rejected the facts. Your political arguments aren't reality-based - they're based on a wierd sense of justice (a political foundation) and are then selectively chosen or misrepresented to support that judgement. Your political views *require you* to misunderstand the intent and expression of the law.

That way madness lies - and it sounds like you're halfway there.