Archive for the ‘PS3, PS4’ Category

Weekly News Roundup (24 March 2013)

Sunday, March 24th, 2013

SimCity. The game you love to hate. Or hate to love. I don’t know, one of those. I actually like the game and I find myself quite addicted to it. So it’s unfortunate that the game, in it’s current form, is a broken mess. Therefore, I’m treating it more like it’s an early beta version, and using it to learn how the game works, rather than be too emotionally attached to my metropolis creations (since I’ve already lost a city to one of the numerous city destroying bugs, I can’t afford to be too attached). My advice? Don’t pay full price for the game until most of the time wasting, soul crushing bugs have been fixed.

On to the news roundup …

Copyright

A major decision in the U.S. Supreme Court this week, and a win for “common sense”. The court upheld the “first-sale doctrine”, overruling previous lower court decisions that ruled this doctrine did not cover foreign based works. It all came about when a textbook maker sued a eBayer for buying cheaper textbooks from overseas and selling them on eBay. The lower court initially ruled in favour of the textbook maker, and awarded a ridiculous $600,000 in damages to them. But subsequent appeals ensured the case was heard in front of the highest court of the land, and finally a copyright ruling that makes sense.

Had the ruling, which had a 6-3 split, gone the other way, it would have meant that websites like eBay, game stores, and even libraries, would be under new scrutiny in regards to goods originally purchased from overseas. Even garage sales would have been under threat if “first-sale” did not apply to foreign based goods.

Rooting for such a radical new interpretation of the copyright law, that would severely limit the rights of consumers, were the RIAA, the MPAA and even the Obama administration, a reliable friend of the former two.

While the principle of first-sale is sound, and now reconfirmed, copyright holders have already found many ways to bypass this anyway. Through the use of complicated licensing terms, and DRM, game, movie and music publishers have found it easy so far to prevent the resale of digital goods. That’s why you can sell your iPod, but not the music collection contained within, and why game publishers go to extremes to discourage the sale of second hand games (using one time activation codes and whatnot). I would imagine the marketplace would be far more competitive, and consumer in a far better position, if “first-sale” was vigilantly applied to digital goods too, but that’s just me.

——

Home Taping is Killing Music

Web music piracy is just as dangerous as home taping was

Common sense would dictate that there isn’t a one-to-one correlation between piracy and lost sales. But what if there’s a correlation between piracy and a *gained* sale?

That’s one of the conclusions to come out of a new European Commission report into music piracy, and it finds that the links between piracy and lost sales are tenuous at best. The study was limited to only looking at website visits, and found that for every 10% increase in visits to websites offering illegal music downloads, there was a 2% – 4% increase in visits to legal music sale websites. The report did not have data on actual music transactions though, but these statistically significant results should not be ignored either.

Overall, the study found that in a hypothetical absence of illegal music downloads (not gonna happen!), people aren’t going to jump straight to buying music, something that’s plainly obvious to most people I would gather. So instead of being the big revenue killer that piracy has been thought of, it may well be a simple matter of “trespassing of private property rights”. As a content producer myself, I can see how, even without revenue loss, the “trespassing of private property rights” might otherwise make me extremely annoyed – nobody wants their private property rights to be violated – but I also understand how everything in the Internet age works, and that having my content pirated, while still annoying, is also a badge of honor of sorts. If my content wasn’t being distributed without my authorisation, it probably just means my content wasn’t good or popular enough in the first place. And if it gets pirated, then it’s up to me to leverage the popularity of my content and monetize it, and there are definitely ways to do this.

The Internet has democratized the natural selection process for content. Instead of publishers having a large hand in selecting what we should and shouldn’t be consuming, the Internet allows the consumer to make their choices directly, bypassing the publishing industry altogether if necessary. That’s what scares the companies that’s represented by the RIAA and the MPAA the most, because they don’t want to lose control. DRM, while being advertised as an anti-piracy tool, is really just a new way for Big Content to maintain control. That it doesn’t work to stop piracy isn’t an issue at all, not when it successfully forces consumers to use content only in the ways publishers want them to.

Just like how if you want to play SimCity, you have to buy it from Origin and play it via Origin. If you don’t like it, you can’t simply grab the Steam version because there is no Steam version.

I think I’ve played every Sim City game ever made, and I simply love the series, even the demented way SimCity 4 managed traffic, or the way you ended up with a city full of Arcologies (and police stations) in Sim City 2000. And this is why, despite the horrible DRM and the known issues with it, I, and many other SimCity fans, still went out and purchased the game. It’s this kind of loyalty that EA has exploited to their advantage, at the expense of everyone else, and not too dissimilar to the way Blizzard launched Diablo III.

SimCity Rollback Error

The dreaded SimCity “rollback” error, that could reset the city you’ve spent hours building

But what seemed like launch glitches with the DRM, now seem like a much bigger issue, as while servers are now widely available, the whole online based gaming experience still leaves much to be desired. Updating cities in the same region can be cumbersome, often taking minutes, even though the instantaneous change is what’s needed. Some sync fails to occur entirely, until one logs off and logs back on. Server still become unresponsive at times, forcing gamers to wait 10 or 15 minutes at the city loading screen, with no explanation for the wait. And for no reason, changes made to the city can be lost and you’re forced to rollback to an earlier version (or even lose the city and region entirely, in some case). And it seems that forcing some of the processing online is not only not helpful (and not an efficient way of doing things), it’s producing gameplay bugs in the game’s traffic and trading management systems.

EA and Maxis defended the use of always-on DRM by saying that some vital game functions had to be pushed online for processing. While this may be true for those playing the game with friends, hackers have shown that this statement is false when it comes to those playing single player games, by producing a hack that allows offline play. As a bonus, the mod also fixes many of the issues that plague the game.

But the hack also allows public cities to be taken over and destroyed, it seems, suggesting that EA and Maxis’s always-online DRM isn’t doing it main job of protecting the integrity of the system from hackers. Again, not too dissimilar to what happened to Diablo III.

As I said a couple of issues ago, a good DRM, or “always-online” implementation, has to be invisible. It should sit in the background and not ever have to make the gamer aware of its presence, while doing everything it is designed to do, including anti-piracy and anti-hacking, and if possible, should bring added value to the game. The SimCity always-online implementation does exactly the opposite in all of these areas.

That SimCity attempts to add an online component to single player gaming isn’t the problem, the problem is that SimCity doesn’t do this properly. Even if we call SimCity an online game, even though most of its gameplay elements can be done offline, the problem is that SimCity is still just a really bad online game. And that’s inexcusable.

While I’m pretty confident that there hasn’t been a lot of pirated versions of SimCity being used by people – the legit version is broken enough as it is, no one will bother with the pirated version, and with SimCity doing good business, does this all count as a financial success for EA and to a lesser extent, Maxis? Fellow game developer, and creator of the mega indie hit Super Meat Boy, Tommy Refenes, says that successful anti-piracy, if it meant ruining it for paying customers, doesn’t make financial sense at all.

Super Meat Boy

Super Meat Boy has been pirated at least 200,000 times, but has sold millions of copies – the creator isn’t too fussed about those 200,000 “lost sales”

Speaking from his own experience with SimCity, a game he purchased but has subsequently requested a refund for, Refenes goes on to explain how losses due to piracy is not something a company can put onto the balance sheet, as it’s not something you can even calculate with any degree of accuracy. On the other hand, angry customers returning products is something that ends up written in red ink, and has long term repercussions that may be irreparable (see Ubisoft’s DRM Adventures).

Refenes also explains that because there are infinite copies of something digital, it is entirely different to say the theft of a physical copy of something. Stringent security measures at say KMart, where Refenes used to work, may help to stop the theft and return the stolen item back to store shelves, with a measurable loss prevented, the same cannot be said of digital piracy, he says. “Your game is infinitely replicable at a negligible or zero cost (the cost bandwidth off your own site or nothing if you’re on a portal like Steam, eShop, etc). Digital inventory has no value. Your company isn’t worth an infinite amount because you have infinite copies of your game. As such, calculating worth and loss based on infinite inventory is impossible. If you have infinite stock, and someone steals one unit from that stock, you still have infinite stock. If you have infinite stock and someone steals 1 trillion units from that stock , you still have infinite stock. There is no loss of stock when you have an infinite amount … it is potentially one less sale but that is irrelevant. Everyone in the world with an internet connection and a form of online payment is a potential buyer for your game but that doesn’t mean everyone in the world will buy your game.”

It’s something that I’ve mentioned before, but the way game publishers are using DRM these days goes beyond a simple comparison of physical versus digital. It’s not just that they are employing security measures, it’s that they’re employing really really bad and intrusive security measures. The equivalent of DRM isn’t a security guard at the entrance of the store, it’s the equivalent of a pat-down search for every customer that leaves the store (or a full body cavity search in the case of always-on DRM – a traumatic experience that will be relived in your head every time you use said product). No store would do that and risk losing their once loyal customers, so why do game publishers think that this is okay? The only reason I can think of is that unlike most stores, game publisher’s products are exclusives. You can’t simply go to a more customer friendly store and buy the same product, you’re stuck with SimCity from EA’s Origin.

Or maybe not. Maybe there *is* a more customer friendly store, and more than one actually, and not only do they not punish you for spending your hard earned money, they’re not even charging you for anything. That store’s name is piracy, and in the battle between free with a side helping of guilt and not free with a big chunk of frustration, the choice that doesn’t frustrate wins most of the time.

Gaming

It’s NPD time, this time for February 2013. Once again, the Xbox 360 was the most popular console in the U.S. market for the month of February, selling some 302,000 units. This beat the PS3’s 263,000. The Wii U languished at the bottom, selling only 66,000 units, 70% of which were the deluxe model of the console.

So once again, we have a double digit decline for retail sales, and both Microsoft and Sony will hope their new console will have a better start than the Wii U.

There’s a lot of talk about the casual gaming market, previously dominated by the Wii, now taken over by mobile apps. Most of the talk has been about how popular smartphones and tablets have gotten. The Wii U even tried to jump on the bandwagon by adding a tablet into the mix, but it doesn’t seem to have worked. But surely, it’s the value proposition that has had the most dramatic change. The choice is now between paying $50+ for a console game that you probably don’t even have time to play, versus a 99 cent game that you can enjoy at a moment’s notice in your spare time. It is comparing apple to oranges, but entertainment is entertainment. Just like how video games become a better value proposition than movies and music (and why it has necessitated the lowering of the price of these forms of entertainment), app gaming has become a better value proposition than console gaming. It may really be that simple.

But I’m sure someone will find a way to blame piracy for everything.

With the 2,000 word barrier broken according to WordPress’s word counter, it’s time to wrap things up. See you next week.

Weekly News Roundup (3 March 2013)

Sunday, March 3rd, 2013

Welcome to another edition of the WNR. In my excitement last week, I forgot to mention that I got myself a new Nexus 4 to replace my ageing Sony Ericsson. I’m absolutely loving my N4, it’s hard to find much fault with it (the lack of LTE is a bummer, but I don’t have access to an LTE network with my telco at the moment anyway). What amazes me most is the fact that it comes with 2GB of DDR2 memory. I still have DDR2 desktop memory that cost me more to buy at that time than the N4, and they don’t even fit into the same small space that a N4 occupies.

On with the news …

Copyright

The UK is once again showing the rest of the world how it’s done in terms of domain blocking, with the High Court yet again issuing orders to block six more suspected piracy websites, including KickassTorrents and Fenopy.

This follows similar orders against Newzbin (and its resurrected mirror, Newzbin2) and The Pirate Bay, with these previous precedents contributing to how easily this latest order was handed down. UK’s biggest ISPs, who combined account for 94% of the UK broadband market, will have 15 working days to block these websites.

KickassTorrents Logo

KickassTorrents, one of the six new sites to be blocked in the UK this week

With such drastic actions being taken, I eagerly await news of the huge effect this will have on not just the piracy rate, but also revenue for all creative industries. Surely, with these “majors” taken out, revenue should go through the roof for the music, movie and gaming industries, who according to their respective copyright lobbies, are no doubt losing billions of pounds every year to piracy.

I suspect not only will I not see this news item pop up in my inbox, I don’t think anybody is even trying to measure the financial impact of these anti-piracy measures, and anyone trying to do so and coming up with the “wrong” results will be publicly attacked for being biased or incompetent.

France’s HADOPI agency has been somewhat marginalised in recent times, due to a change of government, and the fact that they’ve yet to produce any noticeable results (again, with respect to creative industry revenue, not just the piracy rate). Which means now is the perfect time for the costly and ineffective government bureaucracy to expands its mandate to cover direct downloads and streaming sites, by ways of domain blocking, seizures, financial blockades and even search engine de-listings. They’ve just written a list of recommendations on doing just this, which also includes taking legal action against third parties that refuses to cooperate (so if Google refuses to de-list Vimeo for example, and PayPal refuses to stop their dealings with the video website, then Google and PayPal can both be sued by HADOPI).

To me, these are all solutions to the wrong problem. The problem isn’t the piracy rate. The problem is the monetary losses due to piracy, and it’s amazing to me that we’re implementing solutions left and right without any effort to assess its impact (mainly because we all know the results won’t look good).

Speaking of implementing solutions to the wrong problems, after a delay of what seems like forever, six-strikes is finally happening in the land of the free. The Copyright Alert System (CAS) goes ahead this week, and the major ISPs participating in the program have only just revealed what exactly will happen after subscribers receive too many strikes (refer to link to see what each ISP has in store for you).

Verizon

Verizon is the only ISP to use speed limits in their “six-strikes” penalty regime

Unlike similar systems already underway in other countries, the penalties for excessive strikes will be set by each ISP, and luckily, none so far have opted for a complete account suspension (although this remains an option). Instead, the focus appears to be on education, to inform subscribers what they’ve been doing is wrong, and to let them know of legal alternatives.

So basically, it’s a multi-million dollars a year operation that is targeted at users who are proficient enough with the Internet to downloading tons of pirated stuff, but don’t actually know that what they’re doing is illegal, or know of legal alternatives that they are more than willing to pay for. Might be cheaper to just email the couple of users that fall into this category and tell them to stop it, no?

For the rest that are downloading quite deliberately, all of this will be more of a hassle than a deal breaker, that is if they use one of the ISPs participating in this program in the first place, and if they haven’t bothered to mask their activities from prying eyes (or use download methods not monitored by CAS).

A new report shows that CAS may just be too little, too late, at least where music piracy is concerned. But it’s not because CAS is far too limiting, it’s because there appears to be better ways to fight piracy. A new survey by the NPD group has shown a dramatic decline in piracy rates from 2011 to 2012, some 26% fewer downloads, from some 40% of users who say they’ve stopped downloading pirated music altogether.

Spotify Logo

Spotify and other licensed music services are dealing a blow to piracy, and also satisfying consumer needs at the same time

But instead of this being down to law enforcement action, most of those surveyed who said they stopped downloading say it was services like Spotify that helped them “get clean”. While 20% did say that the shutdown of their favourite piracy stops, and the threat of malware, had convinced them to start doing the right thing (or at least stop doing the wrong thing), nearly half said that legal alternatives were responsible.

And coincidentally, this same week, the IFPI release their annual Digital Music Report, which showed that music revenue rose 0.3%. A small rise, but the first annual rise since 1999. The rise was largely attributed to the rise in digital music spending, up some 9% in 2012. Even the IFPI, a staunch supporter of tougher anti-piracy action, noted that “licensed music services”, such as Spotify, are “demonstrably meeting consumers’ need”. Who’d have thunk it that “meeting consumers’ needs” was a better way of fighting piracy than simply clamping down on those very same piracy service that had been filling the void by “meeting consumers’ needs”.

And it’s also interesting to note that despite a 26% decline in piracy rate, only a 0.3% increase in revenue was recorded. The relationship between piracy and revenue is definitely not one to one, it seems.

If laws and monitoring isn’t working, and you can’t be bothered coming up with legal alternatives, then there’s always DRM! Another week, another anti-piracy patent by Sony. This new patent apparently uses game loading time as a way to detect if the game is pirated or not.

I guess how it would work is that there’s a database of game loading times for the legit copy of games, but if a game is being loaded too quickly (ie. it’s not being loaded from BD, but from a hard-drive), then that would see the game flagged as a pirated copy and loading blocked. Games that take too long to load (eg. from a DVD rip instead of an original BD copy) can also be flagged this way. The system does take into account different media types (eg. flash drive loaded games, versus downloads versus discs).

The obvious problem with this system is that sometimes legit discs can take too long to load too, because the disc may be damaged from wear and tear, or your PS3/PS4 is just having one of those days. It also doesn’t prevent those making piracy-enabled firmware to artificially delay game loads from HDDs to emulate an actual disc load. So anti-piracy wise, it’s unlikely to do much, but it may very well inconvenience many owners of legit copies.

“But this being a patent application means that it is just as likely to never see the light of day as an actual application, but you do have to give Sony credit in finding new and more annoying DRM” is what I posted the last time an anti-piracy patent related story popped up, and the same goes here.

And so we come to the end of another WNR. Hope you’ve enjoyed this issue, see you next week.

Weekly News Roundup (24 February 2013)

Sunday, February 24th, 2013

So a big week this week, with the PS4 being “unveiled”. I don’t know who thought it was a good idea to launch a console without having a console to show off, but kudos for all those involved that went along with the event, which had a “shit, I didn’t finish my homework – Oh well, I’ll just wing it” feel to it. The news about the lack of a console ended up overshadowing the launch slightly, and in my opinion defeats the purpose of getting one on Microsoft by “unveiling” earlier, and makes the whole thing feels amateurish and rushed. And perhaps I’m the only one underwhelmed by what that PS4 brings to the table – I mean a faster game console with better graphics is always cool, but people expect more than that for a new console these days. Microsoft is said to have their own unveil in April, or June at the lastest (at E3), so it will be interesting to see if the Redmond giant has gone with the “more of the same” approach as per the PS4, or whether they will try and surprise us with what’s on offer (AR glasses, a Kinect that can do fingers …).

Not too much news this week, especially if you discount the PS4 stuff, so we’ll get through it in no time.

Copyright

The RIAA is not too pleased with Google’s anti-piracy demotions, presenting research that shows the worst music piracy sites are still ranking well in Google.

The research appears to show that for sites that are deemed as “serial infringers” (according to Google’s own publicly available data) are still consistently ranking on the first page or in the top 3-5 results. This may sound like Google isn’t doing anything about piracy, but as I explain the article linked to above, the “serial infringer” signal is only one of thousands of “quality signals” that Google looks at, each with its own weight in terms of importance. The most important signals will always be site popularity and the number of incoming links and piracy websites are usually pretty good in these two areas, much more so than legal websites.

Google DMCA Stats

RIAA says Google isn’t demoting popular piracy websites, despite promising to do so

For Google though, the demotion has to balance the appeasement of groups like the RIAA, and the search experience of users. The sad fact is that most piracy websites will be a much better match than what legal websites can offer, so from an user experience point of view only, it makes no sense to have some random blog that features a single line about an artist/song on page one, but having a link to listen/download the song on page 2. If the RIAA really wants piracy websites to be pushed to page 2, perhaps it should help fund the creation of new legal and relevant websites that are good enough to be deemed first page worthy.

Also, from my own personal experience, once a result ranks outside of the top 2, there will be hardly anyone clicking on those links. So while Google may still rank piracy websites on page one, or in the top 3-5, if these links were number one prior to the demotion, then the demotion is working exactly as intended, and traffic to these piracy websites should have been reduced dramatically. Of course, the RIAA would not really want to point out that, despite Google sending maybe 80% less traffic to these music piracy websites, the actual effect on music sales and even the piracy rate may be negligible. It may just mean that people will shift to using another method to get their pirated music, bypassing Google the process (I don’t think Google is the main avenue for people seeking pirated stuff these days, not when they already know of sites like The Pirate Bay). The increasing popularity of Spotify may have more of an effect on piracy rate than anything Google can do for the RIAA.

But Google’s appeasement policy will continue, as it tries to shift focus away from its search results. A report by the UK’s Telegraph suggests that Google is thinking about linking up with financial services providers, such as PayPal, Visa and Mastercard (for example), to cut off the funding source of suspected piracy websites. No details about how exactly this will work, but my guess is that Google will pass on its DMCA takedown data to these financial companies, and get them to suspend any accounts associated with these websites. Focus shifted.

——

The issue of DRM for eBooks has been raised again this week after a group of three independent booksellers filed a class action anti-trust lawsuit against Amazon and the “Big Six” book publishers. The booksellers allege that Amazon’s market dominance, and their insistence on using a proprietary DRM system that cannot be used outside of Amazon apps and devices, and along with the major publisher’s reluctance to allow smaller booksellers to sell eBooks either DRM free, all amount to a violation of the Sherman Act.

No DRM

Is Amazon’s DRM being used to monopolize the eBook market?

But while this seems like a crusade against DRM, one that unfortunately seems like un-winnable given the fact that the DoJ has investigated similar claims and found little reason to take further action against Amazon, what the booksellers want isn’t actually a DRM free utopia, but just a DRM ecosystem they can get their teeth into. While they would love it if publishers agreed to sell books DRM-free, the reality is that this isn’t really going to happen. Instead, the booksellers want to either be able to sell eBooks that contain Amazon’s DRM, or for Amazon to start using a DRM that they can also deploy too. And then for all the other major eBook sellers, like B&N with their NOOK device, to follow suit. Good luck to them, and you do feel for the smaller players in the eBook market, but this really is an uphill battle.

The truth is that the current situation isn’t that good for publishers either. Due to Amazon’s dominance in the marketplace, publishers basically have to do whatever Amazon tells them to do, since the entire ecosystem, from the store, to the file format, to the DRM and to the device/app, are all controlled by Amazon in one way or another. This can allow Amazon to use their market position to force publishers to agree to a lower share of the revenue, which is good for the consumer as this will lower prices, but not so much for competitors, and for the publishers and authors themselves. But with no harm coming to consumers (yet), it’s a really hard case to argue, and so this is yet another example of DRM being used for a purpose other than copyright protection.

Gaming

So the big news of the week was Sony’s PS4 launch, and it was one of the weirdest console launches events ever. It wasn’t so much of a console launch event, as an event that announces the eventual console launch event, because the console itself wasn’t actually present. This is despite Sony promising the console will be available by the end of the year, but it is kind of worrying that perhaps only 9 months out from being able to buy one, Sony are unable to even show us a prototype of the console’s plastic shell.

The only pieces of hardware they were able to show off were the controller, details of which, including photos, had already been leaked pre-event, and a new PS Eye camera. The new camera accessory that will work in conjunction with the controller’s new “light bar” for motion sensing and player detection (whether this will work more like Kinect, or like the current Move controller, is unknown at the moment). All fairly underwhelming and anti-climatic, to be honest, thanks to the pre-event leaks.

PS4 DualShock 4 Controller

A console launch event in which only the controller is unveiled? Weird.

Hardware spec wise, the PS4 looks like a real monster, and some of the game demos looked fantastic as well. The x86 based CPU will complement an AMD based GPU and 8GB of DDR5 memory, specs that already make the recently launched Wii U look decidedly last-gen. The launch games are looking good too, with the eagerly awaited console debut of Diablo III, plus more games from Sony’s own franchises, including new Killzone and Infamous games.

For those worried about a block on second hand games, everything looks okay again as Sony denied that this will be part of the system. Cloud based gaming will be a big feature for the PS4, with PS3 and previous console titles being made available this way as a form of backwards compatibility. Instant play will allow games and demos to be played without pre-downloading too. For those without a fast Internet connection, which is pretty much most people here in Australia, games will still come on discs, and the PS4 will still play Blu-ray (kind of a given, there).

So plenty of info at the event, without the very thing most gamers wanted to see. Typical of Sony to screw something like this up though, something Xbox’s Major Nelson (aka Larry Hyrb) was keen to take advantage of. I guess they may be learning the lessons from the PS3 launch (in that it was a year later than the Xbox 360), but not sure having an earlier launch event (and one that’s missing the actual launch item) gives you much advantage if both consoles are going to be launched at roughly the same time.

That’s all we have for this week. See you in seven.

Weekly News Roundup (17 February 2013)

Sunday, February 17th, 2013

A belated Happy Chinese New Year of the Snake. I was born in the year of the Monkey, and they say only the Monkey can handle Snakes, so all your Snakes better behave yourselves. Those born in the Year of the Snake should also wear something red on them at all times to deflect bad luck, preferably something given to them rather than something they’ve bought themselves.

In this first WNR for the Year of the Snake (technically not true), there are quite a few news items to go through, so let’s get started.

Copyright

Joining the list of people who really shouldn’t be downloading pirated videos may be FBI employees, caught downloading hit TV shows such as Homeland and Dexter. They join employees from Hollywood studios, the DoJ, congressional offices, national parliaments, anti-piracy lobbyists and many other places where they’re pretty sensitive about this whole Internet piracy things.

And even if they weren’t downloading at work, something most people would probably not do, many are probably downloading in the privacy of their own homes.

While this highlights how widespread the “problem” of piracy is, to me, this isn’t actually reason to take harsher action against it. I liken this Piracy Plague® to jaywalking, something that almost everyone does (while knowing they probably shouldn’t), and that they do get in trouble if they’re caught doing it, but in the grand scheme of things, it’s not exactly a high priority for law enforcement (even though jaywalking, unlike pirated downloads, can lead to a life and death situations, so it’s actually more serious than piracy will ever be). I guess the difference is that there is no such thing as an anti-jaywalking lobby group (Car Manufacturers of America? ), so nobody cares.

The other major difference being that there is no monetary loss involved, although that’s debatable with piracy as well.

But there also exist a difference in solving these two problems. If it is identified that people are jaywalking in particular area, and it’s leading to a public safety issue, I would hope there’s an effort to find out why people are jaywalking excessively in this area, but not in others. Perhaps the lack of pedestrian crossings could be the issue. But for piracy, there’s strong pressure against finding out why it happens, with the focus is instead on labeling people who download as criminals, and leveling penalties against them. So instead of adding a pedestrian crossing to fix the problem, the focus would instead be on an ad campaign linking jaywalking to terrorism or something like that, and then setting up a hidden police presence around the corner and fining those that get caught, all the while ignoring the real cause of the “infringement”.

SoShare Logo

SoShare promises to combine the best of cyberlocker storage with BitTorrent technology. It might run into some legal headwind, mind you …

But soon there may be a new and better way for these FBI agents to get their Homeland fix. BitTorrent Inc has launched a new cyberlocker storage service that promises unlimited uploads, and unlimited transfer limits, and uses BitTorrent technology to speed up downloads. The new service, SoShare, has just been made live as a public beta test, and only requires a browser plug-in in order to utilize the BitTorrent based enhancements.

SoShare works by allowing the the uploader and downloaders to use their own bandwidth to help other downloaders speed up their downloads, much like how BitTorrent works. A master copy of the file is also store on SoShare’s servers to allow downloading to continue even if the original uploader is not online.

So with BitTorrent coming to the under pressure cyberlocker scene, the most immediate question that comes to mind, at least for me, is the copyright question. A quick look at SoShare’s copyright policy shows all the typical DMCA related information, but as SoShare does store a copy of the uploaded file, therein lies the danger from a copyright point of view. SoShare will have to be extra responsive to DMCA takedown requests to protect themselves. So far, the service is offered for free, with no monetization and no financial incentives for uploaders, which should also offer some additional protection if the service is ever accused of “incentivizing” illegal uploads.

But for downloaders, SoShare downloading may be a better bet privacy wise than BitTorrent downloads. While not much is known about how exactly the service works, one would hope it does not easily make public the details of all connections to the download swarm like BitTorrent naturally does.

——

In other news, The Pirate Bay is threatening to sue an anti-piracy group for copyright infringement. And no, I did not mix up the subjects in the preceding sentence.

Fake Pirate Bay

This “fake” Pirate Bay, set up by an anti-piracy agency, may be infringing on the copyright of the real Pirate Bay

This all started when Finnish anti-piracy group CIAPC launched a spoof website that imitates the look and feel of The Pirate Bay, in a perhaps misguided attempt to educate the masses about the legal alternatives to piracy. The problem though is that the website wasn’t so much an imitation, but a downright like for like copy in many instances, included the CSS file, which was virtually identical to the one used by the real Pirate Bay. So much for educating others to respect copyright!

This blatant theft, which is against The Pirate Bay’s usage policies, has prompted The Pirate Bay to consider taking legal action against CIAPC, if the group does not “move on”, not just from the spoof website campaign, but from copyright enforcement in general. With The Pirate Bay generally supporting a copy-free ideal, their threat definitely did have the feel of a “not sure if serious” vibe to it. Look here, I for one would love to report on ironic lawsuits, just as long as TPB people do indeed make clear that irony is a clear intent (unlike a certain Mr. David).

Regardless, the CIAPC does deserves everything bad that happens to them, as these are the same people, if you can remember, that raided the home of a 9 year-old and snatched away her Winnie the Pooh laptop for the heinous act of downloading a song.

And in ominous news of the week, the W3C has asked the HTML Working Group to consider adding native DRM support to HTML, to placate the likes of Netflix, BBC, Google and Microsoft. These majors are hoping for a native HTML 5 solution to web video streaming, but that can only happen if DRM is present. To be fair, the requirement for DRM does not come directly from these companies, but from the overly paranoid content producers that supply these companies with content. No DRM, no content.

Gaming

The January NPD US video game sales report has been released, and it’s grim reading for Nintendo’s new flagship console, the Wii U. As per the course, Microsoft’s Xbox 360 remained the best selling console for the month, with 281,000 units sold. This is actually up on January 2012, but only because of the 5-week and 4-week reporting difference between the two Januarys.

With Sony not providing any hardware sale details, but based on the Xbox 360’s “44 percent share of current-generation console sales” figure, that would most likely put the PS3 at around 200,000 units sold, and the Wii at slightly more than half of this.

Which makes the Wii U’s 57,000 (a figure that comes from sources that have access to more detailed NPD reports) rather pathetic. As a comparison, the original Wii sold 435,000 units at the same time in its release cycle, and that was with stock shortage constraints in place. The Wii U, being widely available in stores, is already looking like a flop given the dramatic fall-off from the early sales figures. Still, it’s probably too soon to tell if the Wii U is dead in the water, but unless Nintendo have some killer must-have games and apps out in the next few month, it’s not looking good at all.

Xbox 360 Kinect vs PlayStation Move

Kinect beat Move because of Sony’s “stumbling failure”, more so than anything Microsoft did, according to engineer who designed the original Xbox

With such dismal numbers for the Wii U, and the Xbox 360 selling 5 times as many units, it almost feels churlish to talk about this next story. With 76 million units sold, and one in three of them having a Kinect camera connected (albeit perhaps not used … based on personal experience), and with 46 million members connected online, can the Xbox 360 and the Xbox platform really be considered a failure? Apparently it can be, according to one of the engineers that started this whole Xbox project, Nat Brown.

Brown describes the last couple of year’s development of the Xbox platform as “painful to watch”, mainly because the console will lose the “living room war” to the likes of Apple and Google, unless “somebody with a brain” starts running things.

Nat notes the biggest problem with the Xbox platform is one, indie development, and two, a good user experience. It’s worth noting that both of these areas are where the likes of iOS and Android shine, and Nat says that what Microsoft is doing simply isn’t good enough.

And Nat has a great point. Android development can be started with almost zero cost, and apps can be published for not much more. iOS development is a bit more expensive due to Apple’s more stringent requirements regarding coding environments (ie. Mac only), but it’s still well within reach for most semi-professional coders and cashed up enthusiasts. But more importantly, apps published on both platforms are given plenty of opportunities to be found and are actively promoted. On the other hand, Nat says Microsoft offers indie developers very little help in terms of accessibility, support and promotion, which has alienated “a generation of loyal kids and teens to making games” (not just kids and teens, but also 30-something guys with too much free time on their hands).

Nat’s other big gripe with Xbox is the user experience, the inconsistent nature of it all, and how counter-intuitive it can be given today’s more casual user base. Anyone who has tried to access the initially heavily promoted Kinect Fun Labs on the new Xbox 360 dashboard will certainly agree with this point – the fact that someone had to write a guide on how to access it shows how the UI has failed.

But to be fair to the Xbox 360, none of the other consoles are doing much better, a point Nat concedes as he also says that Microsoft’s recent successes have been due to the “stumbling failure” of Sony and Nintendo (Kinect vs PS Move, and the Wii in general). Might as well add the Wii U to that list of “stumbling failures” too, I suppose.

And with that, we come to the end of this week’s WNR. Hope you’ve enjoyed reading it more than I enjoyed writing it (well, given that I didn’t enjoy writing it, it’s kind of a low bar). See you next week.

Weekly News Roundup (3 February 2013)

Sunday, February 3rd, 2013

A rather more normal week this week, although still very quiet. Not a bad thing really, coming when I’ve started obsessively watching the entire 8 seasons of ’24’ back to back on Amazon Prime. I have to say that I much prefer this method of watching than compared to buying the DVD or Blu-ray – the act of putting in a disc and waiting it to load has become a turn off for me, and I suspect it’s one of those things we’ll look back fondly one day but at the same time, wonder why we put up with it for so long.

Anyway, let’s get started.

Copyright

Barely a week has gone by since Mega’s launch, and the takedown requests have already flooded in. More than 150 have been processed so far covering at least 250 files, and all have been dealt with quickly, and if Mega’s operators have learned their lessons, they will continue to get through them as quickly as possible.

Mega Search Engines

Just some of the pirated downloads available on Mega, searchable a third party search engine

Maintaining the protection offered by “safe harbor” is a very important cog in Mega’s plans to stay out of legal trouble (the other being the new encryption feature to help maintain the haze of “I have no idea what’s going on, honestly”), so I do expect them to do everything in their power to get this part up to scratch, and maybe even some extra voluntary stuff to prove that they’re serious. Of course, this won’t actually stop those seeking to use Mega for their piracy upload and download needs, just like YouTube cannot really stop every piece of pirated video from being uploaded and viewed.

What’s slightly trickier will be the introduction (or re-introduction) of third-party search engines for Mega, with one already claiming to host links to thousands of pirated downloads. Sure, these aren’t under the control of Mega themselves, but they do help to focus a spotlight on the darker nature of the website. But if I was in charge of copyright enforcement, sites like these can actually be of use, allowing you to quickly spot the popular downloads and then nip them in the bud before they get too popular (I would also do everything in my power to ensure there’s only one dominant search engine, so as to make this process a bit easier). As part of Mega’s “extra voluntary stuff”, they may also want to visit sites like these and voluntary remove content before waiting for the inevitable takedown notice, just to show that they are indeed serious (I believe this was RapidShare’s strategy, before they went all crazy and went with an approach that’s best described as self-harm).

High Definition

When it comes to buying movies and TV shows, people are still mostly opting for disc over digital, a new NPD study has found. While digital distribution now accounts for 12% of the revenue pie (which does not include streaming VOD revenue), Blu-ray and DVD combined easily accounted for another 61% in 2012.

The dominance of discs was actually down compared to 2011 (form 64% to 61%), but that was largely due to the 7% decline in the average price of a Blu-ray title.

Internet based transactional VOD was dominated by iTunes, but Amazon, VUDU and Xbox 360 Video’s combined market share, for the first time, overtook Apple’s juggernaut.

For disc rentals, Redbox’s narrow lead in 2011 has grown considerably in 2012, now 14 percentage points ahead of by-mail subscription based rentals with 46% market share. Brick-and-mortar store rentals continue to hold on, with 22% market share.

What I found the most interesting in the report though was the watching habits of SVOD and electronic sell-through viewers. 80% and 90%, respectively, of all content watched for these two types of transactions were for TV episodic content. My years-late ’24’ binge viewing doesn’t sound too crazy now at all.

Gaming

Nintendo has had to re-adjust its expectations for Wii U sales downwards after the console failed to meet the projected sales figures for the period until the end of March.

Analysts have blamed the relative high price of the console, compared to the company’s original Wii offering, as well as current “previous generation” offerings such as the Xbox 360 and the PS3 (both of whom have a greater library of games). But Nintendo is adamant that the solution does not lie in a price cut so soon after the debut of the console, but with delivering better games and also waiting for the public to be more educated about the potential of the console.

Wii U Boxes

Wii U, unlike the Wii when it was first available, doesn’t seem to be suffering from any stock issues

Mario and Zelda games will help, of course, but the Wii U is competing against smartphone and tablet based casual gaming, as well as the traditional gaming sector dominated by the Xbox 360 and the PS3, so it will be a difficult mountain to climb for Nintendo. Is the Wii U *that* much better for games like Call of Duty and GTA than the Xbox 360/PS3, and we already know it’s not as ubiquitous as smart devices nor can it compete in terms of game prices. So there’s very little that makes the Wii U a must-have console, in my opinion. Once the PS4 and Xbox 720, both looks headed for official reveals this year, arrive with better graphics and who know what else, the Wii U may then already start to look outdated, despite its young age.

A first world problem it may be, but having too many devices that have overlapping functionalities  all vying for the very limited number of connections your TV may have, can be problematic. So choosing a game console is more about choosing an ecosystem these days, one that you can live within and do all you want to do – for example, offline gaming, online gaming, disc playback, video streaming – without having to resort to other devices. Just not sure the Wii U is dominant in any of these areas, to be honest.

Well, we’ve reached the end of this rather short WNR. But as I always say, it’s quality, not quantity. And if you can’t do either, then just finish it as quickly as you can so you can go and watch ’24’.