Archive for December, 2012

Weekly News Roundup (2012 Roundup Edition)

Sunday, December 30th, 2012

So as expected, it was a very quiet week. I took time out to do, well, basically as little as possible. And it was good. With the New Year just around the corner, I think I may try and do the same next week too, (lack of) news permitting.

Seeing this is the last WNR for 2012, I suppose it is also customary to have an end of year review of some sort, but I’m not sure I can remember all that’s happened to do it justice.

MegaUpload Seized

The Megaupload seizure in January helped set the tone for the rest of the year

I guess the two biggest events of the year actually happened right at the start of the year. First, SOPA (and PIPA) was stopped, and then almost in retaliation, Megaupload was also stopped by the powers that be. The rest of the year sort of pivoted around the events in January, but we also saw the usual stuff. The Pirate Bay was targeted again and again, and again, it remains fully operational, probably more resilient than ever. Censorship regimes propped up all over the place, most of them, if we’re being totally honest, were all attempt to shut down TPB (again, none of them really did much).

But for all the efforts to stop sites like TPB, either through litigation, legislation or technology, the emergence of new legal online services might finally be turning the tide against piracy. Spotify, Netflix, Amazon, and yes, even the industry’s much maligned UltraViolet service, all played a role in giving people a viable alternative to piracy. And Hollywood is just starting to get a taste of the fruits of embracing the Internet, something that perhaps will bring more common sense to the copyright debate in the coming year.

Netflix

Netflix remains dominant, but other players are entering the market and are catching up

I believe in this because I have seen the industry’s fear abate as the year went on. The emergence of digital streaming and download services has had a huge effect on DVD revenue, but far from the hysteria that I might have once expected, it was all quite calm and optimistic from the industry. Blu-ray’s ongoing success may have partially allayed fears, as was the slight “recovery” (or at least a slow down of the decline) for DVD, but I believe it was the mega million dollar deals being made in the subscription streaming sector that was helping to more than offset any losses in DVD revenue, that helped the industry see the light. Whether the exorbitant amounts being asked of companies like Netflix and Amazon, and the new Redbox Instant, is sustainable, I don’t know. There is definitely some “loss leading” going on, and Hollywood studios are definitely taking advantage, but there’s also a huge untapped market out there unaware or unable to use these services right now. Improvement in infrastructure, with the help of ISPs, and just more education, more support from the industry (in terms of getting content out there), will hopefully see the next boom in home entertainment.

Wii U ZombiU

The release of the Wii U capped off a largely disappointing 2012 for gaming revenue, but things may start to pick up again in 2013

For gaming, the boom that was the last few years pretty much ended in 2012. The Xbox 360, which had enjoyed months of year-on-year growth, was now on the decline. The PS3 followed suit, in second place to the Xbox 360, as it had been throughout most of this generation in the US. The Wii’s decline had started much earlier, and did not get better. There was not a single month in 2012 that was overly positive, in terms of hardware and game sales, and even the release of the Wii U could not generate the kind of optimism that had been prevalent in the last couple of years. I think 2013 is when the optimism will come back, when the next Xbox and the next PlayStation is unveiled, if not released. The Wii U has started the next gen rolling, but it’s always until most of the other players get involved that things start to heat up, and I think this will happen in 2013.

If not, then perhaps we’ve just been really spoilt with a couple of really great years for gaming, both in terms of the games produced, and also the record sales, which were far above the “normal” that even the most optimistic industry estimates had imagined. The new normal may not be as sexy, but as long as companies continue to produce great games, gamers like myself should consider ourselves lucky.

And this brings us to the only news item this week, and a sort of sad one, to some.

Gaming

The end of the year, and the end of an era. The first steps towards discontinuing the PS2 has started, with Sony stopping the shipment of the console in Japan once the current stock runs out, according to reports.

It’s been a glorious run for the nearly 13 year old console, having sold more than 150 million units and hosted a library of more than 10,000 games. It has survived through three console generations, ended the fortunes of Sega as a hardware maker, saw through the decline and the rise again of Nintendo, and the emergence of Microsoft as a key player in the industry. Even as late as 2008, it was still the most played console that year, according to Nielsen.

Sony PlayStation 2

The PS2 has had its time, but it will always be remembered as a gaming icon

But for all the successes of the PS2, Sony was unable to replicate it with its successor, the PS3. This was largely due to the advent of the casual gaming phenomenon largely led, in the home at least, by Nintendo’s Wii and largely misunderstood by Sony, and also the coming of age of Microsoft’s Xbox gaming platform via the Xbox 360. Sony also underestimated the demand for online gaming, something that had existed as an option on the PS2 but not fully embraced or centrally organized until some four years after Microsoft’s launch of their Xbox Live platform.

And while the emergence of DVD home video, of which the PS2 was one of the most affordable players during the early days of the format, helped the PS2 greatly in terms of penetration, the same could not be achieved to the same degree with the PS3 and Blu-ray. The expense of including Blu-ray playback also made the PS3 noncompetitive against the likes of the much cheaper (but inferior, technologically speaking) Wii or the one year older (and thus cheaper) Xbox 360. It was a pricing battle that Sony never managed to win until it was too late (when Blu-ray players were a dime a dozen, and the Xbox 360 had established a dominant lead, sans Blu-ray, in the US).

As for the PS2, we bid thee farewell. You had a great run, and you shall live on in our memories as a true gaming icon, alongside the likes of the Atari 2600, the NES, the Super NES and the Sega Genesis. Honorable mentions to the cult classic Dreamcast too.

So that’s it for 2012. Hope you’ve had a good year, and hope that 2013 will be better. See you next year.

Weekly News Roundup (23 December 2012)

Sunday, December 23rd, 2012

The fact that you’re still reading this means that the world did not end. I for one feel disappointed. All that hype for nothing. Or maybe I was just disappointed that I actually had to write this WNR, although I guess between doing this and post-apocalyptic scrounging for canned goods all the while on the lookout for cannibals, this wins out. Slightly.

Maybe because people were too busy stockpiling supplies of toilet paper, long life milk and batteries, news was a bit light this week. So we should get through this pretty quickly, so you can get back to last minute frantic holiday shopping, or back to ignoring your relatives.

Copyright

The Office of the United States Trade Representative (USTR) has finally released their annual “notorious markets” list, listing all the best places where you can get your piracy fix, or something like that. Actually, it’s a list of copyright do-no-gooders, which is supposed to shame them into doing something or another. Or rather, it shames the governments of the countries that these websites or physical markets are located in.

No surprises really, with The Pirate Bay and isoHunt leading the BitTorrent indexer category. Also unsurprisingly, Megaupload and Demonoid does not grace this year’s list – other cyberlocker websites, including Rapidgator, Putlocker and the Ukraine based Ex.ua, are still listed.

Netflix

Netflix has done more to fight video piracy than the closure of Megaupload

I like how the document goes into great detail about the successes during year, most notably the Megaupload thing, but there’s hardly a mention of any positive effects in terms of trade and revenue, which is the whole point behind anti-piracy and counterfeiting, isn’t it? It’s been nearly a year since Megaupload was shuttered and the whole file hosting industry was shaken to its core, yet has anything really changed?

Spotify and Netflix seems to have far more effective at reducing piracy and increasing revenue than the closures of LimeWire and Megaupload respectively.

——

It took a while, and after a lot of threatening letters and whatnot, Warner Bros. and Intel (well, Intel’s daughter company Digital Content Protection) have finally launched a full scale lawsuit against a company that makes a HDCP circumvention device.

Some backgrounder on HDCP – it is the copy protection used in HDMI cables. Without a successful “handshake” between two HDCP compliant devices, video and audio functions via the cable will cease to function. If you’ve ever had a problem with a HDMI input not showing anything, and a problem that was fixed by restarting one or both of the devices involved, then HDCP was the culprit.

HDMI Cable

Is Hollywood really worried about people copying movies via HDMI cables?

Early DVI inputs did not support HDCP, and so many legacy devices (such as monitors, TVs, projectors) could not be made to work with newer devices that mandated the use of HDCP. HDCP is also responsible for preventing HDMI to component/VGA conversion. That is unless you manage to circumvent HDCP, which isn’t as hard as it sounds since it was successfully cracked back in 2010. And so a range of devices went on the market that finally allowed those still with HDCP-less DVI or component only devices to work with newer HDMI only ones, or to record things like PS3 gaming footgage for review or walkthroughs. I specifically won’t mentioned using HDCP-less HDMI to copy Blu-ray or DVD  movies, because nobody in their right mind would do this when there are far simpler solutions around.

Anyway, Warner and Intel have threatened to sue on many occasions, but if I’m not mistaken, this is the first time they’ve decided to actually take the next step. The company being sued is Freedom USA, an Ohio based company that manufacturers several such devices under the brands SIIG, SABRENT and CE Labs.

Of course, the fair use argument is strong in this case, in that an argument can be made that the primary use of these devices isn’t for copyright infringement (again, there are far easier ways to copy Blu-ray or DVD without having to record via a hacked HDMI stream), but to allow the use of legacy devices. How Warner Bros. and Intel can prove that Freedom USA’s devices were used to infringe the copyrights owned by Warner Bros., I just don’t know. Just because a device could be used in that way, doesn’t mean it is commonly used that way, or is the reason why people buy it. I suppose the argument could be made that cable shows are being recorded this way, but even with HDCP uncracked, analog copies can still be made easily by anyone with a semi-decent PC capture card.

High Definition

Remember when Walmart debuted their “disc to digital” program, and you had to bring your DVDs or Blu-ray to the store so you get the “privilege” to pay $2 to $5 for the SD or HD version of the film on VUDU? The service even stamps on some kind of ink on your disc as to ensure you don’t try to cheat them and try to use the same disc to buy multiple version of the digital copies.

Others simply ripped their DVD and Blu-ray with free software, with no need for fees or invisible ink, or even a car trip to the store.

Seeing the gap between these two consumer friendly/unfriendly extremes, Best Buy has started beta testing a way for consumers to do the disc to digital conversion at home. Users can pay a similar amount to get a UltraViolet version of their existing DVD film, or pay a little bit more to “upgrade” to the HD version, with 3,500 titles currently supported. Blu-ray discs are currently not supported though.

CinemaNow Disc to Digital

Convert your DVDs to UltraViolet digital copies using CinemaNow Disc to DIgital

So no car trip, and no need for invisible ink (are they really worried people are gonna pass around the same disc just to trick the store into accepting their $2 or $5, for a SD version that’s probably not even worth that much anyway). Still not as easy as ripping your own discs, but at least you do get a cloud hosted downloadable or streaming version that some may find more convenient than having to lug an external HDD around all the time.

I would never pay just so I can get a digital copy of a film I already own. I might buy the Blu-ray edition that comes with a UltraViolet copy, but I still prefer discs for the movies/shows that I like, and for the rest, I can probably rely on one of the subscription VOD services. I end up spending less on movies every year, and still end up watching more this way. Which is the way it should be.

And that’s it for the week. Have a Merry Christmas, Happy Hanukkah, or just a nice, relaxing (yeah right) few days off. See you next week, unless nothing happens during the week (a high probability).

Weekly News Roundup (16 December 2012)

Sunday, December 16th, 2012

Welcome to the third last WNR for 2012, or if you’re a believer in the Mayan calendar termination theory, THE LAST WNR EVER! The 22nd of December is going to be a disappointing day for a lot of people no matter what happens, but I’ll be out there celebrating “The World Didn’t End” day, if in fact the world did not end.

Very light news wise this week, but I do have a legitimate and medical excuse this time. For about half of the week, I was suffering from a pretty bad case of migraines, which still hasn’t fully recovered. I’ve had it maybe once or twice before, but it was usually cured by a good night’s sleep, but this one has been really persistent. The headache I can stand, but it’s the nausea that gets you. It does make you realise all the things you’ve previously taken for granted, like being able to scroll a webpage without wanting to hurl into a bucket. Having had to work with a pounding headache, light sensitivity and nausea, I will never complain about working in normal health ever again … well until the next time I get bored of work, at least.

Copyright

Starting with copyright news, not that we have much of anything else anyway, those keeping tabs on Google’s publicly available DMCA stats will have noticed the exponential rise in the number of takedown requests over the last couple of months, something that Google has noticed too.

Google DMCA Stats

The number of DMCA takedown requests that Google receives has increased by tenfold in the last 6 month

In fact, DMCA requests are up tenfold from just six months ago, from 1.2 million per month back in July, to 12 million in just the last 30 days. The dramatic rise in request has Google worried. Not just that it takes an enormous effort to process 12 million requests and counting, but also of the effect this has on the free flow of information, especially when relating to false positives. Google for the most part tries to identify URLs that shouldn’t really be removed, but as Digital Digest found out earlier in the year, the system is by no means fool proof. That a company hired by Warner Bros. to recently locate and submit DMCA requests tried to remove an IMDb entry for one of the studio’s movies, along with many legitimate trailer and promotional links, shows that even content creators have something to lose when it comes to the way DMCA request work at the moment.

For once though, the MPAA agrees with Google that the current regime isn’t working. The only problem is that the MPAA thinks the collateral damage the current DMCA processing method should be made more deadly by introducing domain-level bans. Instead of banning each page individually, the MPAA would love nothing more than to be able to ban an entire domain name. And I’m sure I know which domains the MPAA already has in mind.

The obvious problems with this aside (I just hope they don’t ban IMDb.com, because it’s actually quite a useful little website for all involved), the real problem is that this kind of corporate controlled censorship doesn’t actually work to stop people from visiting these websites, let alone stop piracy, let alone help movie studios to make more money. Most of these websites don’t even rely on search engines for the majority of their traffic, so it’s all a bit pointless.

But since when has big content’s anti-piracy methods been anything but pointless?

Which is probably why the most successful anti-piracy initiative devised for the music industry has been something that the music industry fought hard against: Spotify. This week, the founder of Spotify Daniel Ek revealed his main motivation in coming up with Spotify, and it in fact was related to piracy. Ek wanted to create something that would defeat piracy by being better than it, and in the end, it took a lot of convincing for the music industry to actually sign up.

With Spotify now having 5 million paying subscribers worldwide, and more than half a billion dollars in revenue being generated for the music industry where previously there was none, it has to be considered a great success. I’m actually listening to Spotify while I’m writing this WNR, so even if my free ad-supported account doesn’t generate a lot of revenue for artists and labels, it’s more revenue than what would be generated by piracy.

Gaming

NPD this week released November’s US video game sales figures, the first set that includes the newly released Wii U. With Nintendo a little bit more forthcoming with their hardware sales stats, it was almost enough to grant us a full set of hardware sales figures (but Sony’s Scroogeness when it comes to PS3 sales data prevented this, sadly). So much so that I thought about doing a full NPD analysis just like in the good old days, but I ended up settling for a news article and a little bit more of an analysis right here.

The Wii U’s launch, at least in the US, looks like a success, but can also be classified as a failure, depending on where you stand. While raw sales figures (425,000 sold in the first week) were down compared to the Wii launch (475,000 sold), the pricier Wii U meant that Nintendo made more money from slightly fewer unit sales as a result. So in this respect, it was a good launch.

ZombieU on Wii U

The Nintendo Wii U should try and emulate the Xbox 360’s success in combining casual and hardcore gaming, with a good price, multimedia capabilities, and a great online community

But if you consider the fact that the Wii was coming off a largely unsuccessful Gamecube, the Wii U is coming off the ubiquitous Wii. With backward compatibility support, both in software and hardware, the natural upgrade path from the Wii to the Wii U is natural, but the sales figure so far suggests that perhaps it isn’t a natural choice for most to upgrade. On the other hand, the Wii was, by standards back then, a much more innovative console with a bigger “wow factor” than the Wii U , so perhaps it’s not a fair comparison to compare the two consoles after all.

I think this holiday period has come a little too early for the console in order for us to be able to tell whether it will be a gift-giver’s favourite just like the Wii was (or still is). Next year’s holiday period will be crucial for the console, so Nintendo has a lot of work to do between now and then to “sell” their console to the perhaps more skeptical public.

This year’s gift-giver’s favourite is the Xbox 360 though, having sold 1.26 million consoles, almost twice as popular as the next most popular console. The Xbox 360 currently has a great mix of good gaming, pricing, multimedia and online support, and it’s a formula that Nintendo will want to emulate with the Wii U.

You can tell us what you think of the Wii U by voting in this poll.

On that note, thus ends this latest installment of the WNR. See you in a week. Hopefully.

Weekly News Roundup (9 December 2012)

Sunday, December 9th, 2012

Well, not long to go until the end of the year/world. There certainly haven’t been any signs that the apocalypse is just around the corner, so if it does happen, it will be a total surprise. And at the same time, it won’t be. There doesn’t seem to be any geological or astronomical cues regarding what might happen, nor are there any biological signs (eg. outbreaks),so I’m going to go with alien invasion. With the Voyager 1 spacecraft just on the edge of interstellar space, and our nuclear invasion of Mars, it’s not as if we haven’t given potential malevolent alien races excuses to do what they do best. I’m still undecided if enslavement or total annihilation is the preferred outcome though.

A couple of things to go through news wise, including two followups, so let’s get started.

Copyright

DRM doesn’t work. You don’t need a degree in software engineering to know this, because you can simply observe what’s happening in the real world. But if you do have a engineering degree, and if you happen to work for a company like Microsoft, then you might have realised this a lot sooner, and might just publish a paper that predicts what happens when DRM meets people who don’t want DRM.

DRM Doesn't Work T-Shirt

Ordinary folks knew it. Engineers knew it. Even this t-shirt knows it – DRM doesn’t work!

But when Microsoft engineer Peter Biddle, and three others, authored a paper titled The Darknet and the Future of Content Distribution predicting that DRM would never work, what they didn’t expect was to nearly lose their jobs over it.

The paper, published in 2002, was designed to calm fears of a tech community that was at the time really worried about Microsoft’s push to have a hardware based secure platform for Windows, one that could really lock down the system and prevent it from being used for purposes not intended. One obvious application was DRM, any implementations of which on a secure platform would intrinsically be much more secure than compared to an implementation on a relatively open PC platform.

While working on the trusted computing platform, Biddle realised that even with a secure platform, DRM was never going to work in the long term. Because all it takes it one really clever guy to break the DRM, and the Internet (or the Darknet) would take care of the rest. So armed with the prediction, he and the others published a paper stating this, in the hopes of calming community fears about the next-generation of uber DRM. But instead of its intended effects, they ended up facing the wrath (or at least the bureaucratic paralysis) of the Redmond giant.

You see, stating that your secure platform won’t help to secure content doesn’t help you license the platform to content providers (DRM licensing and the money made from that is the main purposes behind companies who push DRM solutions – the piracy thing sometimes feels like just a convenient cover). Content providers also want the false security provided by DRM, and anyone injecting reality into their fantasy is also met with the same level of scorn. Biddle’s paper also failed to calm the nerves of the open computing community who still didn’t trust any technology that locked down the PC, especially one developed by Microsoft given the company’s history on these sort of things.

As for the paper, what was predicted in 2002 has almost all come true a decade later. The predicted technological arms race between DRM deployers and DRM destroyers continue, while the Darknet (which includes the likes of BitTorrent, Usenet, or even local file swapping) continues to exist and decentralise just as predicted. Even law enforcement’s attack on the most visible and centralised parts of the Darknet, your Megauploads for example, was predicted in the paper, and DRM continues to be completely useless.

The only time when most people don’t bother to crack DRM is when the service offered is better, or at least good enough, when compared to the illegal, and DRM-free alternatives. Your Steam, Netflix, basically, not that they can’t be cracked (or haven’t been), it’s just that, say for $7.99 per month, or $2.49 for a game, it may be simpler to just pay and play along, especially if the DRM is mostly transparent (and linked to value-added features).

So DRM will never work. Although it can still exist relatively untouched to give content creators their security blanket if the services that the DRM protects is good enough for most consumer. But should we all suffer just to allow some industry peeps to avoid facing reality?

The answer is apparently yes. Do you remember back to a couple of weeks ago, when a staffer at the RSC caucus group dared to inject a bit of reality into the copyright debate, and then was silenced shortly after? It seems simply shutting up Derek Khanna wasn’t enough, this week, Derek has been fired by the RSC.

It’s certainly an interesting move, coming just as the noise over the memo had died down. This will certainly bring attention to the issue again, and I’m sure that’s what the RSC (or the people behind them “lobbying” for this action) wants.

Following up on another recent story, Richard O’Dwyer’s copyright ordeal is all but over, after a U.S. court ordered the uni student to pay rights holder damages of £20,000. This was after O’Dwyer signed a deferred prosecution agreement in exchange for extradition being taken off the table. So perhaps not the outcome the rights holder had wanted, nor one that O’Dwyer thought was going to be the case when he first started his website, but perhaps one that both parties will be relatively satisfied with.

——

Giving an industry lobby group unlimited powers to censor what they judge to be piracy related websites – what could possibly go wrong? Oh yeah, it could start censoring websites that has nothing to do with piracy.

The Promo Bay

The Promo Bay, nothing to do with piracy at all, was still put on the ISP censorship list in the UK

This is exactly what happened when The Pirate Bay launched their new Promo Bay website, and it was subsequently put on the banned list by the UK music industry’s copyright lobby, the BPI. The Promo Bay website uses the popularity of The Pirate Bay to help promote indie content creators, including musicians, so just why it was deemed worthy of being banned, nobody knows.

ISPs, rights groups and the Internet in general were incensed by the ban, and immediately petitioned the BPI to reverse their decision. The BPI did do that, eventually, but questions remain just why it was added to the list in the first place, and why the BPI seems to now have unlimited power to ban any website it wants, with little or no repercussion.

The precise banning list is also a top kept secret between the BPI and participating ISPs, so while this snafu was a high profile one that got a lot of press attention, there may be countless other websites banned as a result of a court order which should not be as broad as the way the BPI is seemingly using it for.

Speaking of secret lists, the MPAA’s “notorious markets” list, which up until this year has been made public, has been leaked, and in it, the MPAA lauds the success of the Megaupload takedown. While accurately describing the impact the closure has had on the file hosting industry, some of it on very legitimate services, the MPAA seems to have avoided mentioning any revenue impact this major shakedown has had.

It could very well be that there has been no impact, nothing positive anyway, especially given the story about the research paper last week that seem to suggest a negative impact on revenue following Megaupload’s closure. The MPAA did respond to this one, but instead of releasing data of their own showing revenue rising due to the closure of Megaupload, all they did was to question the methodology behind the research. Given that purpose of the MPAA as a lobbying group, one would certainly expect that had there been even barely related circumstantial evidence of a positive revenue response from the Megaupload seizure, the MPAA would have jumped on that and let everyone know.

The pro copyright lobby certainly does like to play up the links between piracy and revenue losses, but only when they are lobbying for something to happen. When that thing actually does happen, it seems that piracy and revenue cannot be further apart. It was this way before and after the closure of LimeWire (remember the $72 trillion claim of damages that would have been derived if the RIAA’s method of calculating damages was extrapolated to actual LimeWire visitor numbers) , and it seems to be this way for Megaupload too.

I think that’s it for this week. Wait, let me check … nope, this is it. More in seven days!

Weekly News Roundup (2 December 2012)

Sunday, December 2nd, 2012

Welcome to another WNR. Hope you’ve had an uneventful week. Not that uneventful here at Digital Digest HQ (which consists of a room, a desk and a computer with a creaking fan), as server troubles meant some downtime, and some data loss (which, thankfully, wasn’t extensive). An uneventful week sometimes is a good thing, and I think we take it for granted, and even complain too much about it, too often these days.

The data loss nearly meant that I had to re-write a news story, but because I post a copy of all news articles in our forum, some copy/paste got me out of trouble this time. Finding interesting news is hard enough these days, losing one you’ve finally managed to write is a royal pain. Anyway, let’s get started before the server decides it needs to make things eventful again.

Copyright

If you get rid of a website that had a lot of pirated movie downloads, then this potential major blow against online piracy should lead to increased box office revenue, right?

MegaUpload Seized

Did Megaupload’s seizure actually hurt the movie industry?

But what if piracy isn’t taking away money from the box office, but rather, it actually helps it? That is the surprising conclusion of a new research paper from the Munich School of Management and Copenhagen Business School, which found that after the closure of Megaupload, box office revenue actually shrank for certain movies as an indirect result. Using data for 1344 movies in 49 countries over a five-year period, the researchers specifically wanted to find out the financial gains for theatrical releases from the Megaupload closure, but instead, found that revenue shrank for all but the biggest movies.

The researchers attribute this “counter-intuitive finding” to the word-of-mouth and the discovery effect that piracy plays in today’s marketplace, with the findings confirming that small and medium budget movies do seem to benefit from this effect. Blockbusters, on the other hand, are already so well known that they don’t need or benefit from word-of-mouth (if anything, word-of-mouth can be detrimental for “bad” movies).

I find it hard to believe that the major Hollywood studios, via their own internal research, was not aware of this phenomenon. But hurting the smaller and independent studios, and at the same time helping out their own mega-blockbusters, isn’t exactly something you wouldn’t want, even if it had to be done under the guise of “anti-piracy”.

As expected, the MPAA have already replied by trying to debunk this study, and I’ll cover their response in full next week after I’ve gone through it in detail.

Before Hollywood lobbied the U.S. government to shut down Megaupload, it was busy trying to get the government to extradite the then 23 year-old Richard O’Dwyer, former admin of TV linking website TV Shack, to the U.S. to face criminal copyright charges. A very much one sided battle that involved Hollywood, the U.S. Department of Justice and even the Immigration and Customs wing of Homeland Security, against a uni student and his mother, was made a little bit less one sided when Internet heavyweight Jimmy Wales chimed in on the issue, launching an online appeal to try and stop the extradition.

The attention this move garnered seems to have worked wonders, as the U.S. government has agreed to take extradition off the table, in exchange for O’Dwyer agreeing to pay a small sum in compensation to rights holders. The details aren’t clear at the moment, but even though it will probably mean O’Dwyer admitting guilt, and paying that “small compensation”, it’s a far cry from the extradition, lengthy trial and possible prison sentence that the U.S. government (read the MPAA) originally wanted.

So you have to ask why this couldn’t have been the outcome from the get go. What was the U.S. government, and their movie studio allies, trying to prove by seeking extradition in the first place? To scare others into line  trying by making an example of O’Dwyer? Or perhaps they really did intend to prosecute (or is that persecute) to their full powers, but once again, the Internet and, well, public shaming, put an end to their plans.

Who knows. But at least Richard and his mother can finally breath a sigh of relieve.

——

Another week, another botched DRM, and this one hits pretty close to home for me as well. The makers of game making software GameMaker, a software package that has been widely pirated due to the high price of its full package (currently at $499), decided to add a new layer of DRM that replaces images in the game with pirate themed ones.

It’s not the worst DRM around, at least on paper – to annoy pirates but at the same time, being completely transparent to paying users. If there is such a thing as “good DRM”, this was probably it. It if worked as described. But DRM being DRM, and I think you’ve probably already guessed what happened next, legitimate customers started having their game sprites replaced too.

YoYo Games, the people behind GameMaker, was quick to release a patch, but time is money in game development, and any downtime, especially one that could have done permanent damage, is a costly one.

Sneak Peak

A very very sneaky peak screenshot of the upcoming iOS/Android game I’m making …

So why does this one hit close to home? It just happens that I’m actually currently making an Android/iOS game in GameMaker (having paid for the software, of course). And ironically, my game’s theme relates to pirates, piracy and the issue of copyright (there’s even a couple of anti-DRM messages in the game). Heh.

Luckily, I manage to skip the update that introduced this “bug”, and I also keep daily backups just to mitigate a potential disaster such as this one.

YoYo Game’s Mike Dailly did come forward and explain the rationale behind the DRM, which he acknowledges was never going to work to prevent piracy (only to “piss off” the pirates). While there’s probably room for funny DRM (I remember adventure games of old that killed off your character in hilarious fashion if the DRM check failed), but it will only remain funny if it can be guaranteed that only pirated users are affected. But that’s usually not possible. Or even if it’s possible, it never actually happens.

As for the game I’m making and when it will be available? Erm, “soon” is probably all that I can guarantee at the moment (and even then …).

High Definition

Another subscription VOD provider is about to join the marketplace, and while this isn’t really news per say, the fact that a few details about the new service being leaked online is. Redbox Instant by Verizon could cost a low $6 per month, if the leaked data (by accidentally making public help documents that was supposed to be part of a closed beta) is correct. For $8 per month, you not only get unlimited digital streaming, you also get 4 credits to use at any Redbox kiosk (credits that won’t roll over to the next month).

Redbox Instant by Verizon

Redbox Instant by Verizon will start competing with Netflix and Amazon in a couple of week’s time, by going down the same SVOD route, but bringing their network of kiosks into the equation too

While you may think that the market may not need another SVOD service, Redbox does bring something new to the table. While Netflix has disc rentals by mail, and Amazon has rental VOD along with free unlimited streaming, Redbox Instant brings its kiosk network into the equation. Redbox Instant will also have rental VODs for newer releases, thus offering three different ways to watch movies (and TV shows) via its services.

With the launch expected before the end of the year, current hardware partners lined up should see the Redbox Instant app available on iOS, Android, the Xbox 360 and selected Samsung mart TVs and Blu-ray players at launch. But without their own devices (à la Amazon), or the ubiquity of Netflix, Redbox Instant will definitely need more hardware partners, and more content, before it can be considered a real competitor to Amazon, let alone the behemoth that is Netflix.

While things are heating up in the US, here in Australia, it’s “not all roses”. Our only real subscription VOD provider is losing tons of money, because they can’t afford the content, and without content, very few people are signing up. Which is a shame, because the market is eager for something on the scale of Netflix here.

Alright folks, that’s it for this week. Have a good one!