Archive for October, 2013

Weekly News Roundup (27 October 2013)

Sunday, October 27th, 2013

If there’s one theme running through this week’s WNR, it’s that I’m doing my best to stretch the definition of “interesting” and “news”, trying to find something, anything, to write about.  A non statement from Vince Gilligan, a dry report to the government and an earnings report (yes, a freaking earnings report), and a story about an upcoming Blu-ray player being region locked like most other Blu-ray players, makes up the bulk of this week’s news shenanigans.

Let’s get on with it for f-sakes.

Copyright

The demise of isoHunt, confirmed this week when the website shut down for good, was one of the things that the MPAA was gloating about in its submission the Office of the USTR (US Trade Representatives) detailing Hollywood’s view on “notorious pirates”.

There’s nothing particularly interesting about the MPAA’s latest annual update (a story I might otherwise have skipped, if not for the lack of anything else interesting to write about), other than the removal of isoHunt, but a lot of the regulars this time now appear to have new domain names too (The Pirate Bay, moving to .sx, and KickassTorrents movie to .to). A visible response to the increasing use of domain seizures as part of a new global anti-piracy strategy. Despite the domain name changes, these sites are still popular, still “notorious” according to the MPAA, so nothing much has really changed. That’s because these sites are so popular, that people are willing to accommodate and adapt to new domain name, in a way they wouldn’t for most other websites. These sites have become brands (ironically, thanks to free promotion from the likes of the MPAA’s notorious pirates list), and once this happens, the actual domain name matters less.

—–

Breaking Bad creator Vince Gilligan has waded into the piracy debate by acknowledging that piracy has helped the show become as popular it is, but at the same time also warned that it is taking money out of the pockets of people working on the show. There is a growing trend even among industry types to acknowledge that, at the very least, it is simply a reflection and measure of the popularity of something. But very few are keen to admit to the positive effects of piracy.

Breaking Bad Blu-ray Boxset

Does piracy take money out of the pocket of the people behind Breaking Bad? You can help put it back by buying this awesome Blu-ray box set

It may be that Breaking Bad is pirated a lot because it is popular, but according to Gilligan, BB is popular, in a small part, because it is pirated a lot. Gilligan attributes this to “brand awareness”.

Gilligan also says that had all those pirated downloads been legal, it would have meant more money for the people who worked on the show, including himself. Maybe this is true in a perfect world where a chemistry teacher with cancer doesn’t have to become a drug lord to pay for his medical expenses and to provide for his family, but piracy does not always equal lost sale. It’s like saying if all the people who had already purchased the BB Blu-ray boxset went out and bought another copy, or two, or twenty-seven, then that would also mean more money to the wonderful people behind BB (and they would deserve it). To use another analogy, only because I’m severely sleep deprived at the moment, if I set up a street stall giving away free coffee to morning commuters, I can’t then go back and say that, had I not given it away for free, all of those people who had grabbed a cup would have paid for it. On the other hand, some will have, because coffee is something they want (and need). Just how many would pay, and how many still won’t, is at the heart of the debate.

This debate is pointless though, as we all know it’s impossible to get rid of piracy. Instead, the question should be “how do we make piracy irrelevant”, and there are ways to do this.

High Definition

Netflix is doing alright for it self. The company has just announced that it has now more than 40 million subscribers, adding nearly 11 million new members in the last year. The international market for Netflix has become more important in the past year, with nearly a quarter of all subscribers now belonging to international markets.

Unfortunately, these international markets are still not yet profitable, despite more than a $100 million increase in revenue. Overall profit remains low at $32 million from a high revenue figure of more than $1.1 billion, but content acquisition costs are unlikely to drop any time soon.

Also likely to increase will be expenses for original content, with Netflix set to double their investment in 2014 (although still only 10% of their total content expenditure). The cost may be high, but Netflix seems to be getting good value from their investment, with Emmy awards to offer proof of the success of the strategy, and increased membership numbers too.

The company’s recent link-up with UK cable TV operator Virgin Media was also noted in the letter to shareholders. Netflix and cable TV operators are rivals normally (with Netflix winning quite handsomely at the moment), but this link-up could be a sign of the future. If you can’t beat them, join them, may be something cable operators (many of which also provide Internet services) will have to accept in the future.

Gaming

PS4 DualShock 4 Controller

PS4 DualShock 4 controller can be used on the PS3 (sort of)

Straddling the barrier between HD and gaming news is this quickie about the PS4’s Blu-ray player being region locked. Just like the PS3’s Blu-ray player, and every other Blu-ray player Sony has made. Slow news week or what? Next week’s breaking news: Xbox One Blu-ray player also region locked.

In other earth shattering news, the PS4’s DualShock 4 controller can be used with the PS3, but not all games. Granted, this one is slightly more interesting than the news above, and in the absence of PS3 backwards compatibility, at least something is sort of backwards (or is that forwards) compatible with the PS4. But you can’t play GTA V with the DS4 for some reason.

I think that’s all I have the energy for today. From lack of sleep and boredom, mostly. Will pray to the News Gods for something, anything, more interesting next week. Until then …

Weekly News Roundup (20 October 2013)

Sunday, October 20th, 2013

I spent most of the week alternating between viewing Ken Burns’s The War, Saving Private Ryan, Band of Brothers and The Pacific. It all started with The War, and escalated very quickly from there. Some of my dreams this week were in black and white.

On to the news!

Copyright

IsoHunt Logo

isoHunt to close within 7 days, as settlement deal means the torrent search engine will have to pay the MPAA $110m in damages

isoHunt is no more. The site, and its beleaguered owner finally threw in the towel this week and agreed to a $110m settlement deal with the MPAA, which will see the 10 year old site shut down within the next 7 days.

The big settlement figure will bankrupt both isoHunt and Fung, and so it’s unlikely the MPAA will receive much of the $110m, if any at all. But the MPAA is not here to make money – the big number is simply there to scare others into submission, although I don’t think the likes of TPB or KAT will be quaking in their boots at the result.

All it will do is drive site operators underground, and push sites to relocate to countries where the MPAA won’t have an easy time filing and winning lawsuits. You can’t sue anyone if you can’t find them, or even know who they are!

——

A sign that distributors are finally getting the message. 20th Fox, the international distributors of the hit zombie TV series The Walking Dead, this week announced a plan to reduce the international airing delay for the new season 4 episodes of the show to a single day or less, in a bid to reduce piracy. The commendable plan, however, has not been the shot in the head needed to kill the piracy problem, as the new season of The Walking Dead broke new piracy records for the show on torrent networks.

The Walking Dead Season 4

Killing piracy is much harder than killing zombies on TWD

Most interestingly, the premier episode of season 4 had been made available for free streaming for US viewers, legally, on AMC’s website. Despite this, 15.5% of downloaders came from the US, the most popular country for downloaders. This in itself is not unusual. When the new season of Arrested Development was aired exclusively on Netflix earlier in the year, many paying subscribers also chose torrent download as their viewing options of choice. And it was revealed recently that in Australia, pay TV subscribers that had paid access to new episodes of Game of Thrones still went out of their way to download the pirated version, all in an effort to bypass the 2 hour airing delay. Less Australians chose to download The Walking Dead in Australia, as a percentage of total downloaders, compared to Game of Thrones – new TWD episodes air 90 minutes after the US broadcast in Australia.

So what does this all mean? For one, it shows users are pretty specific about their viewing habits, and many simple prefer the convenience of piracy (the platform agnostic nature of it), even when a less convenient, but free and legal option is available. And while it’s commendable that airing delays are being seen as a cause to piracy, any delay, even a 2 hour one, may still be pushing viewers towards piracy. And of course pricing is an issue, as many people simply cannot afford the $45 needed here in Australia per month to subscribe to our sole cable provider, Foxtel, and access new episodes of The Walking Dead. Nor do they want to get tied up to cable or satellite subscription, which isn’t even available in all areas of the country. Even Foxtel’s recently launched Internet streaming plan (Foxtel Play) is limited in that, while it gives you access to the channel that airs The Walking Dead, the Foxtel Play app only works on the Xbox 360, PCs and Samsung Smart TVs (effectively ruling out the most popular entertainment devices here in Australia, the PS3 and iPad).

No airing delays, maximum platform compatibility, and more reasonable pricing. That’s what’s needed to beat TV piracy. It won’t kill piracy, it will always exist, but it can be made irrelevant, a manageable threat like the zombies on The Walking Dead (may no longer be true for season 4).

To beat film piracy requires largely the same approach. The issue of platform compatibility, of allowing the film to be rented or bought on the platform of choice for consumers, is as important as making sure the price is reasonable. And despite the film industry blaming pretty much everyone else for the piracy problem, the industry itself is not without blame. That’s what a new website, piracydata.org, plans to highlight.

piracydata.org takes the most pirated films data from TorrentFreak and then does an online search to find legal alternatives for these films, and unsurprisingly found that very few of them are available digitally. Most are available to buy legally from places like iTunes, but try to rent it digitally or stream it on Netflix, and you’ll be out of luck.

There is an issue with the methodology used by piracydata.org though, in that the most pirated films are almost always new releases, and it is unrealistic to expect these films to be available on legal streaming options like Netflix. But I was surprised at how few films were available for digital rental, and how many are still unavailable to buy outright. So much for the MPAA blaming Google for displaying piracy results for film searches – what exactly is Google supposed to do when there are no legal options available?

For the films that are available to buy digitally, their pricing makes them entirely unattractive. For example, the most pirated film currently is Pacific Rim. The Blu-ray combo edition, which includes an UltraViolet digital copy of the film, plus the Blu-ray and DVD versions, is only $3 more than the iTunes version at current prices. This either makes the Blu-ray combo edition extremely good value (not really, considering Blu-rays have always been around this price), or the digital edition a total rip-off. And they wonder why people download torrents!

Gaming

Sony has done it! After 32 month of Xbox 360 domination, the PS3 finally became last month’s best selling home based console. The September NPD data, which looks at video game hardware and game sales in the US, might as well have been renamed the September GTA. GTA V represented 50% of all dollars being spent on gaming for the entire month, and it was the catalyst behind the PS3 win. The PS3’s win comes largely off the back of the PS3 GTA V bundle – an equivalent bundle was not available for Microsoft’s console.

PS3 GTA V Bundle

The 500GB PS3 GTA V Bundle helped the PS3 become September’s best selling console

The Xbox 360’s loss is possibly just a one-off, with normal service likely resuming once GTA V sales dies down (when they run out of people who don’t have the game to sell the game to). 1.6 million Xbox 360s have been sold so far this year, with the holiday period yet to come. But if early pre-order reports are to be believed, the PS4 will win the first few month of the next-gen console wars at the very least, thanks to its $100 lower price tag.

There was also good news for Nintendo, with Wii U sales jumping by 200% (or 3 times as many) compared to August thanks to a price cut and a limited edition The Legend of Zelda: The Wind Waker HD bundle. Three times as many console sales probably still saw the Wii U selling fewer units than the Xbox 360.

I haven’t played GTA V all last week. Just haven’t found the time to do it, and was dispirited after trying GTA Online, only to be killed and have money stolen because I could not move my character for some reason. My character is one of the thousands of characters in the game based on Jesse Pinkman from Breaking Bad (well, a really ugly version of him anyway), so (slight BB spoiler ahead) a depression induced catatonic state and being liberal with your hard-earned money is probably not that unrealistic for a Pinkman based character.

That reminds me, I have to make a Walter White character, which, given the right clothing and facial hair choices, should be easier to create.

See you next week.

Weekly News Roundup (13 October 2013)

Sunday, October 13th, 2013

A heads up to our Australian readers, you can win one of 3 Google Chromecast devices that my new website, streambly.com.au, is giving away. A Facebook like is required to access the entry form (I know, I know) – more details here. I’ve been playing around with the Chromecast, and it’s a nice little device. Very useful for those that prefer to watch YouTube videos on a big screen, or those invested in Google Play. The browser and desktop mirroring is also very useful.

On to the news …

Copyright

It didn’t take long, but the MPAA was never going to just ignore a report from the hugely influential London School of Economics (and Political Science) that attacked the biased and fervently ideological “debate” of the Internet piracy question, especially in the political arena. The MPAA’s rebuttal, on several key points in the report, unfortunately seems to have completely missed the point.

Instead of accepting the argument that data from the film and music industry are often one-sided, and that the industry as a whole was too defensive when it came to others (including scholars, like the ones from the LSE) making counter-arguments, the MPAA decided the best approach was to become way too defensive against the counter-arguments made by the LSE scholars.

As with most ideological crusades, there is no gray area. Either piracy is going to destroy the entertainment industries, or that it is completely harmless. I will gladly put my hand up and say that I am guilty of taking part in the crusade, making arguments and using facts that, while opposite of what the MPAA will try to tell you, may still be far too one-sided objectively speaking. I will argue that I have done what I have done as a response to the constant stream of bias that the other side comes up with, but that’s probably not an excuse.

Piracy is Stealing?

Piracy: stealing, perfectly alright, or somewhere in between?

The truth is that piracy does hurt the creative industry. Probably more so than the minor annoyance people on my side of the fence likes to think, and much less than the absolutely apocalyptic scenario that the MPAA and their ilk paints. But I’m a pragmatic man, and for me, what counts are solutions, not complaints. I believe the best way, and maybe the only way to fix the piracy problem (and yes, it is a problem that needs to be fixed) is to innovate. The MPAA, while frequently mouthing support for innovation, believe that technological and political solutions are the way forward. A biased scare campaign is simply the best means to an end for the former (I’ll let the actual batting record for technological solutions to speak for themselves), and that’s what the LSE media brief is warning against.

And it’s not just the piracy debate. Almost every debate these days lacks the nuance that’s needed to come up with any kind of consensus, let alone a solution. Some are guilty more than others, but we’re all guilty of it in some way. I guess we just don’t have the time and energy to come up with nuanced positions, or just don’t have the required knowledge (the media have to take some blame for this). Although in my opinion, unending and needless arguments wastes more time and energy and hurts all of us, regardless of which side of the debate we think we’re on.

London seems to be the center of controversy this week, as the City of London Police’s Operation Creative may have forced several domain registrars to breach ICANN policies and to open themselves up to lawsuits, when these registrars, at the request of the police, suspended and seized several Torrent related domain names. Among the best known websites caught in Operation Creative are SumoTorrent and ExtraTorrent, the latter is now threatening to sue their domain registrar.

Apparently, police acted without initiating any legal proceedings against these websites, and under ICANN rules, seizures cannot happen without due process. At the very least, these domain registrars should allow the rightful owners of these domains to transfer to another registrar, under ICANN policies.

While you can blame these registrars, who didn’t have to act if they did not want to, you also have to question the actions of the London Police. You can definitely argue that they used their position of authority to scare these registrars into acting, knowing full well that there is no legal basis for the domain seizures at all, as these websites have not been proven, in a court of law, to be acting illegally at all.  That the police were probably fed information by copyright lobby groups, and in essence, are acting like the entertainment industry’s private police force, makes this story all the more disturbing.

This incident also brings back bad memories for yours truly. If you can remember back to January when our domain name was similarly suspended, ironically happening around the one-year anniversary of the defeat of SOPA. Our domain was seized due to an IP address that used to allocated to our domain name, but one that no longer has any association with us, being used for suspected illegal activities. It was akin to getting arrested for the act of a total stranger, just because he now lives in a house that you once lived in. Many many years ago. We have yet to recover fully, and may never recover fully, from this particular incident.

Our registrar at that time could have simply contacted us for clarification, which would have resolved the issue without any disruptions, but instead chose to act first and ask questions later (or never, if I had not contacted them) to protect their own interests. The same rationale that the registrars targeted by the London Police were acting under, probably.

The moral of our story, and the story of these Torrent websites (and for any website owner, probably) is to find yourself a proper domain registrar, one that has enough strength to resist bullying tactics and are willing to defend their customers and stand up for their own legal rights. Like EasyDNS, who resisted London Police’s call to have TorrentPond’s domain name seized.

At the very least, find a registrar that has a good 24/7 support system and one that is willing to talk to its paying customers before bringing down the ban hammer.

High Definition

Well, someone had to ask. As an owner of Microsoft’s HD DVD add-on for the Xbox 360, one of the thousands of people that made in the investment in the heady days of the HD format wars, the inclusion of Blu-ray playback in the Xbox One does hurt a bit.

Xbox 360 HD DVD Add-on

No HD DVD support for the Xbox One, in case anyone was wondering

But what if you were to plug in the HD DVD add-on drive into the Xbox One console? Would Microsoft, feeling sorry for us losers and build in a little surprise and allow our dust collecting HD DVD discs to be playable (alongside our large collection of Blu-rays)? Someone did ask the question, and Microsoft’s Director of Product Planning Albert Penello was kind enough to offer a definitive answer.

No is the answer.

Oh well, someone had to ask.

Sick and tired of not being able to view your favorite YouTube funny cat videos when your smartphone or tablet is not connected online? Worry no more, as starting next month, you’ll be able to pre-download YouTube videos for offline viewing without having to resort to YouTube-policy-breaking tools.

Thanks to a DRM that YouTube has already been using to rent out content, users will soon be able to pre-download videos for offline viewing, with the DRM ensuring the 16 hours of fail compilations you have queued for later viewing will be viewable offline, and then automatically disappeared after the 48 hour viewing window.

Uploaders can opt out of the system, although they have little reason to do so because ad revenue will still be available via the pre-downloaded in-stream ads, and even view counts will be counted when offline viewing data uploads to the YouTube servers the next time the app connects online.

I guess this is a welcomed feature, although I’m not sure how I feel about DRM being applied to videos that were free to begin with (some of them free as in copyright free, or creative commons). And there may be legal issues as well. Now that YouTube is not only a video streaming service, but a video download service, what does this mean, from a legal point of view, for infringing videos that can now be downloaded and viewed offline?

But I guess anything that means more funny cat videos, more of the time, is a good thing.

On that note, I shall go check out some more funny cat videos (this link is neither a video, nor funny, but it is a cat, and it it awesome). See you next week.

Weekly News Roundup (6 October 2013)

Sunday, October 6th, 2013

A very very slow week, in which, instead of writing a WNR, I seriously contemplated going on a long rant about everything that annoys me right now. From un-skippable 15 second YouTube ads, to people who line up to buy phones, to people who don’t signal early enough before making a turn, to combo packs that make finding the Blu-ray disc a puzzle of some sort by making the disc type label so freakingly small. I mean, I didn’t even want the DVD or the Digital Copy anyway, and I only decided to buy the Blu-ray 3D combo version because it was $3 more expensive than the non 3D version. I don’t even like 3D. Which brings me to cinemas that only have 3D sessions of films. And don’t even get me started on Syria.

But I’m far too impressed by the Breaking Bad finale and GTA V this week to go this negative. Maybe next week.

Copyright

I’d like to think that part of the reason for the extra slow (and somewhat boring) week was due to people being too preoccupied with the finale of Breaking Bad. As expected, piracy records for the show were broken easily, with half a million having downloaded the final episode in the first 12 hours alone. I was patient enough to wait for the Netflix UK aired version, made available some 24 hours after the original US airing. The piracy stats seems to show that I was in the minority, and I have to admit I was tempted (it was the last episode, after all). But no spoilers from me, for those who are even more patient.

Breaking Bad Promo

Internet users were breaking bad, and breaking records, all over the place – swarming to illegal copies of the finale like a meth addict to blue meth

Australia was once against the piracy capital of the world, with 18% of downloaders coming from a country that has less people than Texas. Our limited and expensive legal viewing options might have been a contributor. Also interesting was that, despite the Netflix availability, UK was still the third most popular country for downloaders. The 24 hour wait, as I mentioned before, was not something everyone was willing to abide by.

I know I said no spoilers before, but still, you have to credit the bravery of the writers in making everything that has happened since episode one just a long daydream in Walter’s head (kind of like an uber version of J.D’s daydreams on Scrubs), with the final scene cutting back to Walter still sitting in the doctor’s office as he ponders what might have been. Oops, I think I’ve said too much!

——

Thousands of jobs will be lost. Entire industries in decline. New films and music will no longer be produced. These are the predictions the creative industries have made, and continues to make, in their lobbying efforts to get governments around the world to enact favorable protectionist policies. But despite making these dire predictions years ago, and with the piracy problem far from being solved, the expected economic and cultural meltdown has not yet materialized.

And a new policy brief released by the prestigious London School and Economics and Political Science makes the case that the government should stop listening to the Chicken Little tales from the creative industries, and instead, embrace piracy’s sharing culture, which actually benefits creativity and commerce.

The report criticizes the film and music industry’s predictions of doom and gloom, and shows that, far from being ravaged by piracy, these industries are actually doing pretty well. Hollywood is doing roaring business these days, and while the music industry is stagnating, it’s far from the apocalyptic decline that was forewarned.

The report’s authors even go as far as suggesting that the sharing culture embraced by the no good Internet pirates is something that these industries can exploit to find new ways to generate revenue. Something that Internet savvy content providers like Netflix and Spotify have known about since the beginning.

Consumers, tech companies, and now academia, have all embraced the Internet for what it is – both the good and the bad (and finding ways to take advantage of both). And there are now signs that the creative industries are finally getting it, now that they’re finally seeing the dollar signs in lucrative licensing deals with the likes of Netflix and the relative successes of platforms like iTunes and Spotify. All they need to do now is to let go of their obsession with piracy, and stop counting the losses from imaginary income that was never going to materialize anyway. If you’ve already got a barrel full of cash, stop fretting about the other barrels that may or may not still exist elsewhere, that’s all I’m saying.

High Definition

Netflix 5.0 on iOS 7

Netflix for iOS has been updated to support HD and AirPlay

It took a while, but HD is finally coming to Netflix for iOS – but only for iOS 7 users. With Super HD rolled out to all and sundry last week, the new app update couldn’t have come at a better time. Finally, users are able to take advantage of the better than 1080p resolution of the iPad (3rd and 4th gen), and watch their favorite shows and movies in glorious Super HD 1080p. Blue meth has never looked bluer, or in higher definition.

Also new in the app update is AirPlay support, finally allowing users of the iPod Touch/iPhone/iPad app to stream video to their Apple TV device and use the mobile devices as a remote control.

While the updated app is already available to download, the new features may take a week or two to roll out to all Netflix subscribers (as Netflix slowly update things on their end).

Believe it or not, that’s it for the week. A more news-ish next week awaits, I hope.