Archive for the ‘Copyright’ Category

Weekly News Roundup (10 October 2010)

Sunday, October 10th, 2010

Welcome to the 10/10/10 edition of the WNR. I’m always weary when writing dates, since different regions use different ordering and it’s easy to confuse the day, month and year completely (which is why I always use the full name for the Month, and the year in four digits – as per the title of this post), so it’s good that, for one day of this year, I can throw caution to the wind and write the date anyway I want without any consequences. And to think, we only have two more years left of this, before we have to wait another another 89 years (think about it).

From my intro, you may have concluded that this was yet another quiet news week, hence the need to write gibberish. But there’s actually a few things to go through, not much, but a few. So the gibberish was merely coincidental, and regular readers would surely have gotten used to the gibberish by now. So let’s get started.

Copyright

Starting with copyright news, we’ll start with what was very late news last week, in that the controversial ACTA has reached a basic agreement, and there has been more analysis since then about the new draft (final draft?) of this agreement.

TorrentFreak reckons that the new ACTA draft now tries shoves much less crap down our throats than what is was earlier, so I guess that’s good news. Ah, I remember like it was yesterday when I first heard of the ACTA, about how custom officials were going to search through my iPod looking for pirated songs, that ISPs were going to be forced to monitor all of our Internet usage just in case we do something the RIAA/MPAA don’t want us to do, and that the island of Manhattan was going to be closed and fenced off like a giant prison, with all the caught copyright infringers sent there to fend for themselves (this last part may not be true). It seems that the current version of the ACTA is very much a watered down version compared to previous drafts, and I guess that’s one positive of global politics, is that things rarely get done when so many countries are involved. Hurray for petty political bickering.

Hadopi Logo

French Three-Strikes is up and running, with the first users receiving notification this week

But even without a global treaty forcing countries to take copyright control seriously by building giant island prisons, some countries are taking action anyway. France is a pioneer in this field. The country that gave us the French Revolution, has now been sold to the highest corporate bidder, in this case, the joint bid from the music and movie industries, and France’s Three-Strikes revolution has started. In case you’ve been living in a cave, or have had your Internet disconnected because you pirated one episode too many of Desperate Housewives (in which case, you would already know all about Three-Strikes, so skip the next half a sentence or so), the Three-Strikes systems give copyright infringers three chances to clean up their act before their Internet is disconnected. The first of the strikes has been sent out by HADOPI, and so the experiment begins. Will piracy stop? Or will people simply start using sources of pirated content that HADOPI can’t monitor? And if the piracy rate drops, will the music and movie (and software) industry make more money? Only time will tell, but I suspect the only real effect will be the increasing amounts of anger experienced by the Internet public.

Which explains why Operation Payback, 4chan/Anonymous’s global Internet attacks on those perceived to be on the wrong side of the great copyright crusade. I haven’t even kept track of all the organisations that Operation Payback has targeted, I think their most recent target was in Spain, but as they “group” has proclaimed, the attacks will continue until they’re less angry, and things like Three-Strikes won’t really help in this respect.

Getting caught in the cross-hairs in all of this is fair use. There are many reasons why copyright should be respected, and there are also many situations where protecting the public interest is more important than protecting “potential” profits for copyright holders. The Library of Congress’ National Recording Preservation Board has made a passionate plea for changes to the copyright law so cultural preservation, particularly for audio recordings, isn’t being hampered by copyright holders too protective over their content. Due to the various laws and amendments made to the copyright act, giving copyright holders ever increasing power and time to hold on to their content, many recordings made early last century are in danger of failing to be preserved because copyright holders aren’t releasing content that clearly has no commercial value any more. Some recorded vaudeville performance, for example, are destined to be lost forever as greedy copyright holders refuse to release recordings to the public domain, despite there being no market for such content since the 1930’s. It’s easy to forget that copyright laws were invented to protect the public interest, as much as the rightsholders, which is why copyright do expires, so content can fall into public domain and be preserved forever. DRM, another invention of copyright holders, may be even more harmful than any laws that exist. It’s very much unlikely any DRM protected content can be decoded in some distant future. We don’t even have to imagine that far to see how dangerous DRM can be, people who purchased content from one of the many failed online music stores that used DRM will know exactly how hard it is to recover their purchases, even after just a couple of years. Luckily, most DRM measures are fairly ineffective, and so easily breakable, but that won’t always be the case.

Killers Movie Poster

Hollywood may be making less money on bad movies than ever before, due to the Internet and online piracy

So with the copyright crusade taking many victims, what exactly are the rightsholders trying to achieve? This week, we had MPAA execs come out and explain their reasoning for fighting piracy. Apparently, even the MPAA is aware that piracy cannot be eliminated, saying that “Piracy has always been and will always be with us”. You see, the MPAA’s aim is only to reduce it so much so that they “can make enough revenue in a legitimate market to recoup expenses and continue to make new movies”. You see, behind the record profits, movie studios appear to be struggling to bring out movies, because it’s hard to even recoup expenses at times. The proof is right here if we look hard enough, I mean there hasn’t been a Saw movie since 2009, and who is to say six Saw films is really enough? Of course, movies like Inception are the “Exceptions”, it’s a real struggle for a lot of movies to make back the money that went into making them. You see the reason is that, simply, most of the movies that Hollywood produces are, how do I put it, crap! In the past, when people couldn’t just download crappy movies, they actually had to pay for a ticket before walking out in disgust twenty minutes in, and this meant a lot more movies were able to “recoup expenses” and so allow studios to  “continue to make new movies”. And before people knew how to rip DVDs (that whole six month before people discovered you could break DVD’s ineffectual CSS copy protection by simply breathing in its general direction), they may get tempted by the cover and buy the crappy movies, whereas now they can simply download it and delete it twenty minutes through in disgust, and hence provide no income at all to struggling studios, who are now forced to having to actually make good movies that people will want to pay to see, like The Dark Knight, Avatar and Inception. But Chris Nolan is only one guy, and who know when James Cameron will make another movie. So it’s no surprise really that Uwe Boll’s Far Cry was one for the first movies to get into the sue-for-settlement game, is it?

There must have been something in the water last week, because yet another victim of the piracy trade also came out to suggest that, maybe, piracy isn’t the only reason for lost profits. Nintendo’s CEO refused to blame piracy for lost Wii, DS sales, believing that good games will still sell regardless of piracy. Interesting. So people pay for good stuff, and pirate the not so good stuff? Who would have thunk it! The reality is that people who can’t afford to buy will probably pirate, in which case no profit has been lost a result. There’s only probably a very small minority that will always pirate, even if they can afford to pay. And so I think most of the revenue losses come from the fact that people are not buying things that are not worth the money being paid, and with so much good stuff out there competing for our hard earned dollar (even if it is worth less and less every day, if you’re earning the US kind), buyers are a lot more picky. And piracy, rightly or wrongly, allows many to “sample” goods without having to feel cheated by paying for the full sticker price, and in most cases, the goods are as they suspected, not worth the money being asked for it. But producers will argue that without people buying the poor quality junk, then these purchases can’t subsidize the cost of producing good quality stuff, and that’s true. So some kind of balance has to be reached where perhaps producers can make the junk cheap enough to tempt us to go against our better judgement, while keeping the good stuff cheap enough so that not too many people fall into the “can’t afford it, so must pirate it” category.

And an update on everyone’s favourite newspaper copyright lawyers, Republican Senate candidate Sharron Angle is ready to settle her Righthaven lawsuit which alleged that she posted some newspaper’s articles without permission somewhere. It’s a shame, I was hoping for a real legal battle, but I guess in the middle of an election campaign, that was never likely to happen.

High Definition

In 3D/HD news, Iron Man 2 was released a short while ago and the figures suggest that it will be one of the best selling titles on Blu-ray ever, which is exactly what the format needed after a sluggish few weeks recently – the stats will be posted on Tuesday at the usual place.

Toshiba 20GLI 20" Glasses Free 3D TV

Toshiba's 20" Glasses-Free 3D TV is expensive at $3000

For 3D lovers, there was some exciting news this week as Toshiba released its first glasses-free 3D TVs. If you’ve read my earlier blog post/FAQ about 3D, you shouldn’t be too surprised about glasses-free 3D TVs, but as I mentioned before, there are a lot of drawbacks to this technology currently. For example, the Toshiba 3D TVs only allow 3D effects from nine fixed viewing positions – if none of these positions matches your sitting positions, then you can forget about the 3D effect. Now, new versions of the same technology is enabling greater number of viewing angles, I think I read somewhere one even offers 64 viewing positions, but for me, it’s not so much finding a sweet spot, as staying there for the whole duration of the movie (and making sure you don’t move your head too much). Of course for some, that may still be a better compromise than wearing dorky glasses.

Another problem, which the Toshiba releases make clear, is the cost of the technology. 3D effects rely on each eye seeing something different to trick our brains into thinking we’re looking at something in 3D. Glasses work by quickly shuttering the LCD so that we’re only seeing out of one eye at any one time (it’s synced to the TV so that each eye is seeing that they’re supposed to be seeing – all of this is done very quickly so we don’t notice that we’re really only seeing out of one eye), but the image we see out of each eye will be the full resolution of the TV. However, with these glasses-free TVs, it relies on barriers that block out different pixels on the TV depending on the angle of your vision (with each eye seeing something different, because of the different viewing angles). This blocking of pixels means that each eye is not seeing the full resolution of the TV, and so in order to created an HD image, more pixels are needed than what is normally required. For the larger Toshiba 20″ 3D TV, four times the number of pixels of a 1080p TV was needed to create only a 720p picture (essentially, the panel is a 2160p one, if my maths is correct), and this is why this small TV costs nearly $3000. Not only is the panel expensive to produce, the processor needed to manage this many pixels also needs to be powerful (Toshiba uses their Cell technology, the same processors that power the PS3).

But you see the problem now though. If it ever becomes cheap enough to produce 2160p TVs to make  these 720p  glasses-free 3D TVs affordable, then people will start to want 2160p 3D (or at the very least, 1080p 3D), which would already be possible then with 3D glasses. This, plus the viewing angle problem, means that there’s still a lot of development needed for this technology. Although the smaller 12″ model would definitely make a very cool digital photo frame.

Gaming

And half way lodged between movies and gaming, PS3’s Netflix will go disc free this month, with the PS3 Netflix app soon to be available meaning users of Netflix no longer has to insert the what must now be very worn Blu-ray disc into their PS3s to access Netflix’s streaming service (as CrunchGear noted, it’s extremely ironic that an online streaming service still required a disc to work).

And for those with money to burn in this economy, you can now pay Best Buy to upgrade your PS3’s firmware. For $30, Best Buy’s Geek Squad will press left on the PS3 controller until the “Settings” icon is highlighted, go down to “System Updates” option and press “X” for you. I know the US dollar worth less than the paper its printed on these days, but $30 is still $30. Yes, a firmware update is a bit more complicated than just pressing a bunch of buttons  (but not much though), since you do need the PS3 to be connected online first, but I suppose people that want PS3s will probably know how to do that already. In any case, those buying PS3s as gifts for others may not know what the deal is, and so may pay for this just to have peace of mind, and I think that’s probably the demographic Best Guy is going for. It is funny though reading through the list of “benefits” you get for your $30 – I mean, you’d be crazy to not want the “system runs smoother” functionality. Joking aside though, if PS3 firmware updates are breaking the Blu-ray drive as some have claimed (or launched a class action lawsuit for), then maybe paying $30 isn’t such a bad idea if Best Buy covers the cost of whatever happens due to a bad update (ie. the $150 Sony charges to fix the PS3 if something did go wrong).

Alright then, that’s it for this week.  I have it on good authority that, yes, there will be new events occurring  next week in which an article will be written and published to inform the general public, and thus creating something called “news”. And I shall do my best not to skip over the really important ones due to sheer incompetence and/or laziness. Have a good one.

Weekly News Roundup (3 October 2010)

Sunday, October 3rd, 2010

There’s a surprising amount of news to get through, most of them coming in the last few days, while previous week’s news stories continue to provide the goods, which just goes to show that it’s rather foolish to be overconfident in dealing with the Internet masses, because a train doesn’t run you over when it’s late, and coffee doesn’t turn into acid over time (see Andrew Crossley remarks regarding Operation Payback, if you don’t get the reference).

Copyright

We’ll start with the repercussions of Operation Payback, which should occupy a fair bit of the copyright section this week (and promises to occupy more of it in the following weeks, until Anonymous’ anger subsides, if it subsides).

The leaked ACS:Law emails are still providing a wealth of information on how one of the most notorious copyright settlement firms operate. There was at first the details about just how much money have been made so far, and how much money is expected to be earned as more and more people fall foul of the settlement notices. As I noted last week, the entire business is motivated by money, which isn’t necessary wrong, except there’s very little emphasis on stopping piracy, apart from the side effects of these types of lawsuits. You get the feeling that if it was possible to somehow encourage piracy, so this little business can continue for a while longer, then some of the less reputable law firms may just do this. After all, if it’s all about the money, then it will all end when people stop pirating stuff.

And as if to further proof the point I made above (or maybe the more likely explanation is that I made the point above so I can segue nicely into a new paragraph … but I’m not that clever!), not only do certain law firms care little for actually stopping piracy, they themselves are engaging in it for their own commercial gain, which is way worse than people who can’t afford to buy movies downloading pirated copies. Again, uncovered from ACS:Law’s email archives, is a little incident involving another law firm, Tilly, Bailey and Irvine, which sought help from ACS:Law in regards to starting their own copyright settlement business. But instead of taking mailing templates and creating their own unique ones based on the ones provided, Tilly, Bailey and Irvine decided it would be easier to just use the templates without license. Geeze, it’s easy to get caught in this piracy things isn’t it? ACS:Law’s Andrew Crossley, which has overnight become one of the most famous, or is that infamous, people in the Internet world, wasn’t happy at TBI’s actions, and I guess it was pretty silly for TBI to commit acts of copyright infringement against a copyright law firm.

What was more interesting though was that TBI ceased their copyright settlement operations after discovering the negative side of all that money – the bad publicity. This is nothing news, as the father of copyright settlement law firms in the UK, Davenport Lyons, also quit from the game for the same reasons. TBI mentioned that the extra resources needed to deal with the bad publicity took them by surprise a bit, even though it really shouldn’t. This could point to a way to fight off the copyright settlement vultures, because while not all care about bad publicity, some do and public pressure can be effective. Most of these law firms practice traditional law as well, and if their copyright settlement stuff is hurting their other business, then that may make them think twice.

Cornered! Poster

Cornered! is the latest movie the USCG is suing downloaders for

Which may be why the law firm Dunlap, Grubb, & Weaver created the US Copyright Group, as to separate their copyright settlement stuff from the rest of their work. It’s not really working though, not if you consider the bomb threat they received this week, which luckily turned out to be a false alarm. With the economy the way it is, people don’t need a mass mailing telling them to pay up hundreds and thousands of dollars for a movie that costs less than ten, and it’s understandable some people may just go too far. Also, the irony of their association with the movie The Hurt Locker, could point to just a prank. But this isn’t stopping the USCG, as they filed more Doe lawsuits this week, for two more movies. Low Orbit Ion Cannons and bomb threats can’t stop the USCG, although some judges can, and this week, the USCG had to deal with a small setback in one of their ‘Hurt Locker’ lawsuits. The reason is not important, it was a jurisdiction problem, but it does show that the court is not always on the USCG’s side, and that the growing public anger may in fact make judges examine the USCG’s case (or lack of one) a bit more carefully in the future.

Back to Operation Payback for a moment, it is still very much going on, with many more firms and organisations being targeted, including one here in Australia (the AFACT). The effectiveness of the LOIC as a DDoS tool is debatable, since it’s apparently easy block, but the successful attacks so far have been from sympathizing groups and individuals, it appears. The ACS:Law email leak is still so far the crowning achievement of the operation, although it very much happened by accident. If we can put aside the debate about the legality of such protest actions, the message is clear though. People don’t like the way they’ve been treated in this copyright crusade. and they’re speaking out. They no longer want to be just labelled a “criminal” and treated, by governments and groups like the MPAA/RIAA, as if their concerns are not legitimate. And even criminals have rights, rights that our governments have been too eager to give away to protect the interests of the rich and powerful entertainment lobby. There are real reasons why piracy is rampant, and it may not even have anything to do with pirated goods being cheap or free. If we believe the copyright holder’s argument that they are losing money to piracy, then it means that people who can afford to pay are not, and are deciding to choose something that’s illegal and dangerous instead. But then if the reality is that the people downloading are the ones that can’t afford to pay, then what is actually lost by the copyright holders? And if it’s because pirated content is easier to get hold of then paid for content, then who is to blame for this? Pirates for making things too easy, or copyright holders who makes things too hard for consumers? If there is to be a debate on copyright, these are the issues that need to be examined. And maybe, just maybe, a solution can be found.

Democractic Underground Logo

Progressive political forum Democractic Underground has been hit with a Righthaven lawsuit

And now back to the lawsuits. The newspaper copyright trolling continues with Righthaven hitting a fairly large target this time. Left wing political forum Democratic Underground has been hit by such a lawsuit, when supposedly one of their users posted an article from one of the newspapers that Righthaven represents. But if Righthaven was expecting a prompt payment of the settlement fee, then they may need to think again when suing an Internet, political savvy opponent, which has since brought the EFF to help out with their defence and counter-suit. Democratic Underground, as a forum, should have protection under the DMCA’s safe harbor provision because they do have strict rules in regards to copyright, but I suspect they will go beyond this technical defence and question the very nature of these types of lawsuits when it comes to preventing freedom of speech, which is exactly what a political forum provides. But the DMCA is actually an issue, because normally, the newspaper in question can request an article to be removed by filling a simple DMCA notice, but obviously, there’s no profit in that. With the rate ads are paying (ie. not much), one can argue that newspapers are not losing much at all when people copy their articles verbatim (but usually with a link to the original article), but the positive effects of having their work publicized and if the link to the original article has been posted, the positive effects in terms of search engines, which bring in more people to their website, should all be considered. Which is why before Righthaven, newspapers often requested full articles to be removed, but were happy with excerpts and definitely happy with links to the original article. But the settlement fees earned means that it’s much more profitable to sue, than to reason. In any case, I expect Democratic Underground to put up one hell of a fight, with assistance from the EFF, and if I was Righthaven, I would regret very much regret picking such a target instead of some poor blogger.

The EFF has had a minor victory this week too, forcing the proposed Combating Online Infringement and Counterfeits Act to be delayed in the Senate, after they organized 87 prominent Internet engineers and pioneers to write an open letter attacking the act. Apparently, what the government is proposing, in order to help out their music and movie studio buddies, may actually break the entire Internet. Which is just exactly what you would expect from them really, and I mean both sides of politics, and like puppy dogs, they’re all competing with each other to earn the attention of their masters. If there was some place where they could fire a nuke at, to stop online piracy, they would have done it already, it’s what I’m getting at. So while the US Senate was busy doing what it does best, which is to do nothing, the controversial ACTA treaty reached a significant milestone with a basic agreement being reached, which may force the Senate’s hands (not that they need any forcing).

And The Pirate Bay appeals trial started this week too, after delays over accusation of bias. Well, when before you even start the trial, the judges have already had accusations of bias aimed at them, and none of them recused themselves, then that’s not really a good start, and I don’t expect any positive result. But on the other hand, any negative result probably won’t affect TPB’s operations anyway, so what’s the point really.

And from the same people that wanted phone ring-tones to be considered a form of public performance, the ASCAP which represents composers and publishers, has tried to get a court to say that a download is also a public performance, despite downloads not making any noise apart from the “ding” when it completes (depending on your browser/settings). The court denied their “ring-tone” arguments, and they denied their download arguments too. If I was a member of the ASCAP, I would be embarrassed at their actions, going out and making an ass of themselves in court. The ASSCAP perhaps? If they get their way, pretty much, even humming a tune would be a public performance, and eventually, even thinking about a song may be mean having to pay royalties.

High Definition

Moving onto 3D/HD news. The news this week was that Blu-ray penetration has reached 17%. There has been some pretty poor stats recently for Blu-ray sales in the US at least, but I’m not surprised at this figure at all.

Blu-ray Growth Rate (up to September 19, 2010)

Blu-ray's growth rate has slowed recently due to lack of hit releases

But whether this 17% can be turned into 80/90%, or whatever DVDs have, that’s another question. Without top new releases, Blu-ray hasn’t been growing as fast as previously, but with the best titles coming thick and fast in the next few month, that could change. I’m still mostly confused as to the intentions of studios when it comes to Blu-ray. Do they want it to completely replace DVDs, and then suffer the same problem as DVDs in terms of ever dropping revenues (until Purple-Ray or whatever next comes out), or are they positioning Blu-ray as a complementing format to DVDs, one that is sold at a premium to slow down the decline of movie prices? With current pricing, it seems studios want Blu-ray to completely replace DVDs (for example, the Iron Man Blu-ray+DVD combo can be had for less than the two disc DVD set at some places, or only a couple of dollars more elsewhere), because the premium is shrinking to the point where it doesn’t exist for many titles. On the other hand, not all titles are being released on Blu-ray, so it seems studios are not that keen on Blu-ray totally replacing DVDs.

3D Blu-ray will probably up the pricing a bit, or at least that’s what studios hope will happen. But in time, it too will drop in price to the point where 3D editions will be included with the standard 2D release. So it seems to me that getting people to pay more for the same stuff isn’t a long term solution, but perhaps getting people to buy more for less per item may be the way to go.

Or you can just charge $30 per movie and hope someone is stupid enough to pay for it. That’s Hollywood’s new plan, after they got the FCC to agree to break analogue outputs, so they can release movies faster to the home, before it’s available on Blu-ray/DVD. It’s basically another release window, this time delivered without a disc, but most likely heavily DRM infested. And it appears to be for a single viewing only. I talked about solutions to the piracy problem further up in this WNR, but if this is the solution (analogue DRM + stupidly high pricing + more DRM), then they really need to stop coming up with them. You can see how they think this might work too – $30 is less than what a family pays to watch the movie at the cinemas, but more than what they would pay for the Blu-ray/DVD. Or they can just download it for free, without the DRM too. You see where the problem is?

Gaming

And finally in gaming, Nintendo thinks it may have found the solution to the piracy problem on the DS – the upcoming 3DS will have new anti-piracy updates that happen automatically in the background, any time the DS is connected online.

While I believe the innovations offered by the 3DS, that is the glass free 3D screen, will be enough to ensure it sells extremely well when it is released early next year, I don’t really think the anti-piracy features will really stop piracy. I’m sure some hacker somewhere is already salivating at the prospect of disabling the 3DS’s automatic updates, and open up the portable console to mass piracy like that experienced by the DS.

Gaming on the iPhone

Smartphones like the iPhone is becoming a threat to portable game consoles like the Nintendo DS

But even despite the piracy, the DS sells quite a few games, and it’s a good earner for Nintendo. It’s just not as a good earner as the piracy stats suggests. But I think Nintendo’s biggest problem isn’t flash carts, but smart phones. While DS games are mostly still longer, phone games are becoming more sophisticated, and sometimes, people only want to play a short game. And certainly, the price is more appealing. And the range of games, especially on the iPhone, makes the DS range of games look pitiful by comparison, and all the big game studios have already signed up to produce games for the iPhone (and soon to Android I think), not to mention the many indie game producers. So what Nintendo needs is to open up an apps space for the DS, one that allows indie producers to have a go as well, so homebrew doesn’t have to be confined to illegal flash carts. An online marketplace with cheap games will help keep things fresh, and I think Nintendo will be surprised how much more people spend when they’re only paying a buck or two for games – most likely more sales than if games were prices at ten times this price. Micro-transactions are the future.

That’s all I’m going to write this week. I suspect next week will be quite boring as the Internet media rehash most of the interesting stories from this week over and over again. Look at me, I’m already making excuses …

Weekly News Roundup (26 September 2010)

Sunday, September 26th, 2010

We’re nearly in the final quarter of the year. 2010 seems to have gone by quickly, hasn’t it? I’ve actually avoided trying to use the “time has gone by quickly hasn’t it” line for most of this year, but since we’re nearly in the final stretch, and I’ve run out of things to say for this intro, so I thought, why not?

Despite my lack of material for the intro, there’s actually quite a bit of news this week, so let’s get started.

Copyright

We’ll start with what was a very busy week for copyright related news. It seems genuine war has broken out, in cyberspace at least, with 4chan/Anonymous’ cyber attacks continuing against targets of opportunity in Operation Payback.

Low Orbit Ion Cannon

The Low Orbit Ion Cannon strikes again. And again. And again.

Since the initial attacks on AiPlex (the company that was the straw that finally broke the camel’s back, when they admitted to attacking BitTorrent websites with DDoS attacks) and the MPAA, has since expanded to the RIAA and UK law firm ACS:Law (infamous for being one of the first law firms to take advantage of  “suing for pre-trial settlement”). It’s unknown how long Operation Payback will last, and how many other targets are part of the attack (you would think the server admins of the US Copyright Group’s website should be very much on edge at the moment). Now there is the legal issue to consider, in that these DDoS attacks may be breaking laws all over the place. But then as one commentator pointed out, many kinds of protests break laws, but when people are pushed so far, then there will always be some kind of reactions. And besides, AiPlex started it first, many will feel. The fact is that corporations, governments and law firms have colluded with each other to take away our rights and to target all of us and label us all criminals, and so the reactions was always coming. And it appears that the attack isn’t only coming from 4chan’s Low Orbit Ion Cannon (LOIC), but that others with access to their own botnets are joining in the attack, and actually contributing more to the attacks than the easily blockable LOIC attacks.

But one unexpected result from Operation Payback came from when ACS:Law relocated their website to a new server to get out from under the attack. The website admins that made the move may have inadvertently left the backup files, used to make the move, on a publicly accessible part of the server, and it wasn’t long before it was downloaded, and distributed, ironically, on the BitTorrent network (first uploaded to The Pirate Bay). Amongst the passwords, source code, were ACS:Law’s email archives, a goldmine of behind of the scenes information on a law firm’s relentless quest to sue downloaders and recoup large amounts of money (and also some personal emails). It has been an absolute disaster for ACS:Law. I haven’t personally gone through all the emails, but this is about the worst thing that could happen for ACS:Law, as all of their dirty little secrets are revealed to the world. From the bragging about just how much money has been made (“May go for a Lambo or Ferrari”, as posted by owner Andrew Crossley when boasting about improved finances), to emails that try to convince copyright holders to sign up by promising big piles of cash at the end of the pre-trial settlement rainbow, to how it is decided when to drop a claim (against 70 year old pensioners) or whether to proceed to the next step (based on “action points”, that chart the progress of a claim). Many websites are still going through the mountain of information and I’m sure more will be uncovered. Website TorrentFreak’s conclusion is that all of the emails seems to be talking about money, none actually about stopping or reducing piracy, and that’s exactly why people take offence at the actions of law firms like ACS:Law and USCG, because for them, this is all about the money. Being a law firm though, I wonder what actions ACS:Law will take to get these very sensitive emails taken down, but so many people have downloaded it now, it will be impossible to stop the spread of information.

XXX Copyrights

I'm still not entirely convinced XXX Copyrights isn't some kind of spoof website

A lot of ACS:Law’s actions were against people downloading pirated porn, like one email which alleged that a married man had downloaded pirated gay porn, which caused untold distress to family members no doubt. The reason these law firms go after these kinds of downloads is because they’re so embarrassing, that nobody wants to fight them, especially in court, although thanks to legal advice freely available online, many are putting up more of a fight than before. In any case, suing for porn still remains more lucrative than suing for mainstream music or movie downloads. And a new firm in the US been created that target only pirated porn. The company, name XXX Copyrights, has already filed 7 lawsuits with more than 5000 individuals probably being named (so far, just John Does). The only thing that surprises me about this development is that it took so long for someone to do exactly this. With the US being such a litigious society, I am actually quite disappointed that this “brilliant” idea originated in Europe. Hang your heads in shame,  Ambulance Chasers of America.

But with porn lawsuits proving to be a good earner, Righthaven’s pursuit of penniless bloggers seems all a bit pointless. And it’s proving more difficult than going after music and movie downloaders too, because the bloggers that copy newspaper articles are not doing so for profit or personal gain, and it seems the courts are a little bit more reluctant to provide summary judgements. There’s also the issue, as argued by blogger Jan Klerks, that newspapers encourage its online readers to share and link to the original article, and so there may be an implied license being granted to bloggers who seek to repost the article, but complete with a link back to the original article. Judge Navarro, presiding over the case, seems to agree that at the very least, these are valid arguments that should be examined in a full trial, and Righthaven’s task of extracting pre-trial settlement fees has just gotten a bit harder because of the Judge’s decision.

We’ll come back to the US in a minute, but let’s first cross the Atlantic and to France, Europe, where citizens will soon start to receive the very first strike of their three-strikes. The government agency responsible for handling three-strikes, Hadopi, will soon start sending out the first warning letters, if it hasn’t done so already. We know this because it has already requested subscriber information from several ISPs, and many have already replied. And once the letters go out, and this whole three-strikes business becomes more real to a lot of people, perhaps there will be some kind of change in people’s attitudes towards movie piracy. Or at least that’s what the government hopes will happen. I’m sure it has originally wanted just the threat of three-strikes to be enough to strike enough fear into people to drop the piracy rate, but the rate actually went up after the introduction of the law, as people moved off BitTorrent and onto other sources of pirated content that Hadopi may have difficulty tracking. And I suspect this latest development will just push more people into services that Hadopi can’t get to, and that’s a bad development for those serious about protecting copyright online.

Wikileaks Logo

Governments may use the ACTA to shut down websites like Wikileaks

But back to the Americas, this time to Mexico, where a group fighting the controversial ACTA treaty has had a meeting with the Mexican government to talk about the treaty negotiations, a meeting which was attended by the MPAA as well. What was strange though was one question the MPAA put forward, in which they asked whether the ACTA would allow “damaging” websites like Wikileaks to be shut down. It was a strange question, but one can only imagine the MPAA asked it because it has plans to shut down quite a few “damaging” websites, including no doubt The Pirate Bay. If the ACTA actually allows government to silence critical voices like Wikileaks, then I really fear for the future of democracy and free speech, and perhaps again highlights how biased copyright laws have become, that government can use it as an excuse to silence dissent.

But even without the ACTA, the government are doing plenty to help out the MPAA. The new proposed “Combating Online Infringement and Counterfeits Act”, introduced in a bi-partisan manner in the US senate, gives law enforcement even more power to combat online piracy. The specifics of the act isn’t important, but it’s just the idea that combating online copyright has now become the responsibility of the Justice Department (aren’t they already quite busy with, like, real crimes and stuff?), as opposed to being the responsibility of copyright holders, turning what is normally a civil matter into a criminal one. It’s basically using tax payer funds to protect the business interests of billion dollar corporations, while disguising the effort as “protecting American jobs”. Every industry provides jobs, even the online piracy industry, so why should music labels and Hollywood get special protection? And before you blame any political party, both of them are quite vocal in their support of these corporations, so we, as the people, as pretty much voiceless. Which is why the Low Orbit Ion Cannon has to do what it has to do …

And more victory for YouTube as it won a case in Spain which mirrors the Viacom judgement handed to them earlier in the year. So copyright holders will have to work a bit harder and actually go after the people who uploaded unauthorised clips, as opposed to the nice, big target of YouTube/Google. Nobody say anti-piracy was easy.

High Definition

Let’s move onto 3D/HD news. The big news for the week was that the PS3 3D Blu-ray firmware has been released, and suddenly, many many more people now have a Blu-ray player capable of playing 3D movies, if and when they are ever released en mass.

So how does the PS3 perform as a 3D Blu-ray player? It does pretty well, but there are some limitations. The biggest one is that you won’t be able to play a 3D Blu-ray movie and also output Dolby TrueHD and DTS HD-MA audio in bitstream mode. The reason is that because the PS3’s HDMI port is not version 1.4, it has to do some software trickery to enabled the output of frame packed 3D content, and this trickery basically means bitstreaming is out. Of course, those with PS3 Fats, like me, don’t have bitstreaming anyway, so nothing lost there. But apparently, the silver lining in this means 3D can work through HDMI 1.3 equipment, such as HDMI splitters and receivers, but I can’t confirm or deny whether this is the case or not.

The other limitation is that when you press the “triangle” button to bring up the PS3 playback options, 3D is disabled/flattened. Standalone 3D Blu-ray players don’t suffer from this, and their overlay menus are sometimes in 3D as well. It’s kind of annoying, but just how many times do people bring up the playback options during playback is debatable.

Otherwise, 3D Blu-ray output is as good as any standalone 3D Blu-ray player, and response times as as quick as ever on the PS3, and I never believed those stories which said the PS3’s powerful cell processor couldn’t handle 3D Blu-ray (and yet the low powered standalones could?).

PS3 Controller

The PS3 3.50 firmware disables support for unlicensed, third party controllers

But 3.50 is apparently more than just about 3D Blu-ray, but not in a good way. The firmware update disables the majority of third party, unauthorized controllers and USB devices, and apparently introduces a few issues with playing back non 3D Blu-ray titles such as Sunshine.

Not much happening in gaming this week, so I’ll skip it. Although I will mention Sony’s attack on Microsoft for having only one genre of exclusive games, most likely a dig at yet another hit on the Xbox 360, Halo Reach, being yet another shooter. But I think Microsoft will probably be the first to agree with Sony’s assessment, since they’re trying to expand their range of experiences with games like Alan Wake, and of course, the whole Kinect platform. Meanwhile, Sony is spending a lot of efforts promoting the Move as a great way to play, you guessed it, shooters.

In any case, Halo Reach will ensure Microsoft wins September again as the most popular console (in the US at least), taking a lot of thunder away from the launch of Move. And this is before Kinect is even close to release, in early November. Although some of the claims being made by Microsoft (and its employees), such as comparing Kinect to the iPad or pulling a random large number out of the air when talking about potential sales, are a bit over the top, if not downright strange.

Anyhoo, that’s the week. Have a good one, and watch out of the LOIC.

Weekly News Roundup (19 September 2010)

Sunday, September 19th, 2010

And so another week is upon us. Not much news this week though, but there was one big breaking story, which we’ll get to soon enough. The PlayStation Move has been released since I last posted, and there’s a bit more on that in the gaming section, although I do plan on writing a short little comparison between the Move and Kinect, or rather, why a direct comparison between the two motion gaming accessories is a bit silly, and that one doesn’t necessarily have to lose in order for the other to win (unfortunately, the Wii loses in either scenario).

Copyright

In copyright news, the big news of the week I alluded to earlier is that HDCP, the copy protection scheme we’ve all learned to love, is dead.

HDMI Cable

HDCP, as found in the HDMI standard, is cracked

It was short lived, we hardly knew thee, but HDCP copy protection has been cracked, with the master key posted on Twitter of all places. People at first were sceptical, but a few days later, we had confirmation from Intel, the company that developed HDCP, that, yes, the posted key was in fact the legitimate master key. So what does the master key do? Well, it the way HDCP works, it allows legitimate source keys (keys for things like Blu-ray players) and sink keys (keys for receiving devices, mainly TVs and monitors) to be generated, and therefore it means that there is no way now to tell the difference between authorised devices, and unauthorised ones, thus killing HDCP as a viable DRM scheme. Well some articles screamed that “Blu-ray copy protection has been killed”, it isn’t quite that simple. Yes, Blu-ray players rely on HDMI and therefore HDCP copy protection, but the disc itself is still protected by several other layers of DRM, including AACS. However, it will now be possible to intercept the HDMI output and get access to the raw digital stream to make copies of the movie, although that will require a bit of hardware ingenuity, although something could be done in software too. Those around when DVD ripping first came onto the scene will remember Power Ripper, the tool that used PowerDVD’s screen capture tool to rip DVDs, frame by frame. Since then, many DRM schemes have protected this sort of ripping by disabling screen capture or encrypting the path from software to screen. But with HDCP out of the way, this kind of ripping may be possible again (and this time, since HDMI carries audio too, the whole stream can be riped). Of course the question is why would anyone want to do this when there are much easier ways to rip Blu-ray movies? But there are also other applications other than ripping, such as allowing movies to still be played via HDMI even when the TV’s HDCP chip has died.

But the most important aspect of this leak of the master key is that it confirms once again relying on technical measures to prevent piracy is an extremely naive strategy. There are people that crack HDCP for fun, and it doesn’t matter if it takes a month, or 5 years, they have the time! Now, Intel has hinted that since the technical protection is all but gone, they may rely on legal protection to keep HDCP viable. After all, it’s worked for DVD’s CSS, which has been cracked since 1999 and yet it’s still widely in use today, largely thanks to the legal protection it, and any DRM scheme (no matter how weak), offers (thanks to the DMCA). But even legal protection won’t stop people doing things that annoys rightsholders, once the technical barriers have been removed. So HDCP will still be around, and all your TVs and Blu-ray players will use it, but once again, you have to ask, what’s the point? Having some crappy DRM in there makes lawsuits simpler, but copyright infringement is copyright infringement, it doesn’t really matter to the court if DRM has been broken once, a hundred times, or that DRM didn’t exist at all. And when the DRM negatively impacts on legitimate customer’s user experience, then one should wonder if this is a fair deal, that legitimate customers have to pay dearly just to give rightsholders a false sense of security (but I guess a false sense of it is better than nothing, which is why companies are still paying a lot of money to license DVD’s CSS).

Technical, legal ways to fight piracy has obviously failed, and continues to demonstrate how it fails every single day, whether it’s HDCP, or France’s Three-Strikes, or multi-million dollar settlements being thrown out of court for being unconstitutional. The common sense approach would then to be to find another way to fight piracy, perhaps a way where rightsholders can get loyal customers to join their battle, no, not by paying out rewards for dobbing your friends and family, but by making sure that paying customers want to stay paying customers because they are treated right. So right that even those that aren’t paying would start to envy those that are paying, and would do so if they could afford it. Whether this means making the whole experience so much easier than going out and obtaining the pirated version, or if it means more exclusive content and experiences that cannot be pirated, or even just making the price so reasonable that, it makes it not worthwhile to pursue pirated content. I firmly believe such a solution is possible, and in the end, everyone will benefit.

4chan Anonymous

4chan DDoS attacks AiPlex and the MPAA, giving (AiPlex at least) a taste of their own medicine

Or you can just launch DDoS attacks on BitTorrent websites. But if you use less than ethical and possibly illegal tactics, then don’t be surprised if the response is of a similar nature. Last week, I mentioned the story of an Indian based anti-piracy firm, AiPlex, who appeared to have owned up to launching DDoS attacks on BitTorrent website. So this week, a group from 4chan, called Anonymous, have decided that the right response is to DDoS AiPlex’s website. And attack they did, bringing the entire website down for hours. And not only that, they decided to attack the MPAA website too, also bringing it down for several hours. Both websites appear to be back up again this afternoon, after having changed IP addresses, but it’s unknown at this point if the attacks will continue (both sites appear to be slowing down again, which could signal the start of a new attack, or just that I have a crappy Internet connection). Now, I don’t think many people will condone DDoS and similar attacks, but that’s exactly why people were shocked to discover that AiPlex had resorted to such actions in the first place.

Over to the UK, Internet users over there will soon have to pay to be spied on by their ISPs, so the profits of record companies and other rightsholders can be protected. The government has announced that ISPs will have to foot 25% of the cost of anti-piracy operations, with the rest of the 75% being the rightsholder’s responsibility. You would think that rightsholders, you know the multi-billion dollar music and movie industries, would be happy with this arrangement, but they’re not. They had wanted ISPs to foot all of the bill, to even pay for the investigation part of the operation, and so wanted to contribute nothing in order to gain all the benefits. I should be surprised, but I’m not, because these are industries that are out there blaming everyone else for problems of their own creation (by that I mean not moving quickly enough to satisfy user needs, so the users found something better, cheaper).

High Definition

Let’s move onto 3D/HD news. The good news is that the PS3 should be able to play 3D Blu-ray movies by this time next week, as apparently the “delayed” 3D Blu-ray firmware is now going to launch on time, on September 21st.

There’s very little detail about the exact implementation, so there’s all sorts of rumours on 3D Blu-ray being a bit more limited on the PS3 than compared to dedicated 3D Blu-ray players. One of the rumours suggest that when 3D is being played, BD-J/Java based menus can’t work at the same time. I find this highly unlikely though, since the PS3 has to still be the most powerful Blu-ray player out there (how many other Blu-ray players can do 1080p 3D rendering?). Another earlier rumour suggests that due to the older version HDMI on the PS3, especially the fat one, that 3D Blu-ray will not be full 1080p. This sounds more likely, but I think Sony has already refuted this suggestion. Anyway, we’ll know more in a few day’s time.

But while the update means the number of 3D Blu-ray players around the world has just jumped up quite a bit instantly, the number of 3D Blu-ray movies, on the other hand, is still barely above double digits. One problem many have noticed is that most of the movies released are tied to hardware, usually 3D TVs, and most are not available for general sale. Sometimes like 60% of the movies released or announced for release so far are this types of exclusives, including the big one, Avatar. And some say this will kill off the 3D Blu-ray format before it begins. I’m not sure I agree. Yes, the exclusive releases are an annoyance, it means many 3D Blu-ray owners, like myself, have access to a very limited number of movies (for me, I only have just the one). However, this is just the effect of the hardware-before-content model that 3D Blu-ray has adopted. And this causes the lack of content means manufacturers are even more protective of whatever content they can get their hands on, so they can make it an exclusive and sell more TVs. The alternative is to have content-before-hardware, but producing a 3D Blu-ray movie is quite costly possibly, as opposed to adding 3D to TVs, which isn’t costing manufacturers much at all (and in fact, they’re making more per TV because of the premium attached to 3D sets). In any case, Warner has just announced they will release 6 more 3D Blu-ray movies to general release for this holidays, including the “faux 3D” Clash of the Titans. Sony have also announced Open Season on 3D Blu-ray as well. But all eyes are on when Avatar is going to get a general release on 3D Blu-ray, and that will be the title to take the format to mainstream, I think.

Gaming

And finally in gaming, the PlayStation Move is out and I thought I should briefly talk about it. Most people are wondering if Move will beat Kinect or the opposite, but really, the battle people should be looking at is whether Move can hurt the Wii, and I think it will.

PS Move Gun

One annoying thing about still using motion controllers is all the accessories you need to buy for it, no matter how cool they look

The similarities between the Move and the Wii makes the Move both harder to market, and easier. Easier because people already know what it’s all about, harder because many thinks it’s just a Wii clone. However, those that have played it (not me though) will almost always say one things: it’s very very accurate. That doesn’t sound as sexy as Kinect’s “look Ma, no controllers” advantage, but super accuracy can give motion gaming a whole new dimension. For traditional gaming, accuracy already makes a huge difference (think controller versus keyboard/mouse for FPS games). With motion gaming, accuracy will draw users more into the action, without them wondering why their real world movement of the controller isn’t being translated into the virtual world. And accuracy means the Move controller can be used for games that are more simulations than just random waving of the wand. And of course, accuracy makes for better player, and allows for more complicated games that require more intricate movement. Now whether this makes for better games, I’m not totally convinced yet, but the potential is there. And by being similar the Wii, but better, the Move positions itself as a potential Wii killer.

Kinect is a totally different animal. It’s a lot riskier, but if it succeeds, then Microsoft will have a truly unique product that offers something completely different to the Wii and Move. And this difference could either make or break Kinect, but I’m already seeing lots of signs where people generally tend to think of Kinect are more innovative, more fun, and these are two very critical factors in determining what’s the must have item for this holiday season. And not having to buy controllers, and the endless list of accessories for them (from steering wheels, to guns, to tennis racquets …), might be a plus for some.

And as I mentioned before, I might just write a blog comparing the two new motion control systems, and also whether the Wii is doomed.

But that’s the news for this week. A bad week for DRM, which in my book, means a good week. I wonder which DRM will get broken next week!

Weekly News Roundup (12 September 2010)

Sunday, September 12th, 2010

I posted the August US video games sales analysis yesterday here. Nothing too surprising, but we’re getting into exciting territory now (if, one can be excited about video game sales stats, that is), what with the Move and Kinect on the way. Many have already expressed their opinion that the Wii is doomed, but rather than looking at it at a glass is half empty perspective, I think the Wii has done extremely well given what it offers. It was never going to last as long as the Xbox 360 or PS3, due to the use of old tech in the console. And the fact that its core audience are casual gamers, and casual by definition means these are not the type of users to buy a lot of games frequently.

Copyright

Let’s start with copyright news. Sometimes there is such a things as saying too much, and an anti-piracy firm based in India may have just admitted to too much in their pursuit of copyright infringing websites.

The managing director of AiPlex, Girish Kumar, has admitted that apart from requesting web hosts to shut down websites that are hosting or providing links to copyrighted material, they have even gone as far as to trying to “attack the site and destroy the data”. This could either mean actual server hacking, although it seems more likely to be describing an attack based on denial of service. Regardless, both acts are illegal in most countries (or at least frowned upon), and so using an illegal technique to pursue anti-piracy goals seems to be a bit over the top. Although if you consider that the likes of the MPAA and RIAA are willing to forgo even the basic tenets of democracy and rights to privacy, then a little hacking or DoS doesn’t sound too bad at all. While DoS isn’t a popular anti-piracy method, but anti-piracy companies have tried various similar techniques to make Torrent downloading a harder task. These includes uploading fake torrents, uploading invalid pieces to increase the number of errors, and massive leech based attacks, denying downloaders from connecting to seeds. As far as I know, these kinds of “attacks” are not illegal, although their effectiveness is highly questionable.

Sharron Angle

Sharron Angle sued by Righthaven for reprinting a newspaper article without permission

An update on the newspaper copyright trolling news last week, it appears that a Nevada Republican Senate candidate, Sharron Angle, has become Righthaven’s latest victim, being sued for up to $150,000 for allegedly copying/pasting a newspaper article. It will be interesting to see what happens, whether the settlement fee is paid up promptly, and whether this has any impact, positive or negative, on the actual election campaign. It was always a matter of time before someone prominent was sued by one of the copyright trolls, and it just made things a little bit more interesting. And if it was downloading one of the porn torrents I mentioned in the last WNR, then expect the fireworks to fly. On a side note, if I was running against Angle, I would use the slogan “Sharron Angle, She’s no Angel”. You see, that’s funny because people often misspell both words, and not a reflection or opinion on her actual character by this blog, since I have no idea who she is.

But one issue that has been raised before is whether an IP address is considered to be private data or not. If it is considered to be private data, then monitoring and storing it could in fact breach privacy laws in many regions. And one country seems to be moving in this direction, as a recent court case in Switzerland has pretty much made copyright trolling illegal. A government agency there actually took an anti-piracy investigation firm to court and won the case that basically confirmed that IP addresses are in fact private. Already, some are saying this ruling is a mistake which may turn Switzerland into a safe haven for copyright infringers. I like to think of IP addresses as akin to phone numbers (those with static IP addresses in particular, but those with dynamic ones, then it’s more like having a different pre-paid number every so often). Just like a phone number, an IP address is required to establish communications, and because of this, it means it has to be given out to other parties. But just because it can be seen publicly, like say in a phone book for phone numbers, doesn’t mean that it isn’t personal, private data. You can’t sell a list of my phone numbers for money without my permission, for example, and I think the same should apply to IP addresses. The fact that these companies are making money collecting other people’s IP address suggest there needs to be more protection on Internet addressing. Certainly, just like it was argued in the Swiss case, IP addresses should not be used so negligently in civil cases – criminal cases would be another matter, of course. Hopefully, other countries will follow suit, but somehow I doubt this will happen …

And this is also why making ISP liable for their subscribers potentially illegal activities is just so wrong. Of course, the powers that be aren’t asking ISPs to be liable for all crimes, just copyright infringement, which seems strange to me. Why would the ISP be more liable if one of their subscribers downloaded the movie Inception, then say if another user used their Internet connection to send spam or commit Internet fraud? Either they’re liable for everything, or they’re not liable for anything that their subscribers do. One of the more controversial points of the ACTA is the request for member nations to implement new laws designed to add liability for ISPs, but it seems that this provision is no more. So instead of forcing every country that is a signatory to the treaty to make their ISPs liable, the requirements will now most likely be much more vague, although many countries are still very keen to adopt similar legislation to France’s Three Strikes, for example. And again, I have to ask, why is copyright infringement so special that it requires special laws to overrule long standing privacy laws and practices, and to force liability onto ISPs, when other more or less serious “crimes” are not getting the same attention? I haven’t heard one argument that explains this, other than the fact that copyright infringement is far too common and so it needs something special. But I would argue that spam, spreading malware, hacking, DoS, fraud, identity fraud, Internet bullying and the myriad of other crimes that can be committed via an Internet connection all deserve more attention than helping the movie and music industry make more money. Spam and spam related fraud, for example, takes billions out of the economy each year, and yet, we see very little action (comparatively) from government agencies and industry bodies in combating this rather serious problem. Is this because the anti-spam lobby isn’t as rich or powerful as the anti-piracy lobby?

Steam logo

Steam offers cheaper games via sales, and the frequency of sales suggest it's a strategy that's working

And all this misplaced attention on anti-piracy all assumes that piracy is actually hurting the economy badly, but you look the record profits that Hollywood studios and music labels are bringing in, and you wonder is this really the case? Is piracy really that bad? Well, for video games at least, an industry experts says that piracy isn’t so bad after all. Scott Steinberg, head of technology and video game consulting firm TechSavvy Global, says that piracy can actually help the video game industry. Or more precisely, the industry can use what makes piracy so popular to their advantage, as opposed to continuing the “arms race” against piracy websites and groups, a race in which the industry is losing badly, or using the legal system (and politically lobbying) to stop piracy. Instead, Steinberg argues that by making games cheaper, or even free, and charging small amounts for add-on content, may just be the way, pointing to free social network games such as Facebook’s FarmVille (which is free to play, but extra items can be purchased to enhance the gaming experience). This isn’t actually a new strategy, or one that hasn’t been tried – it has been deployed in practice and the results are usually quite good. For example, Steam are now offering discount games (or even free ones, like Portal a couple of months ago) much more often than before, and I suspect that’s because it’s making them much more money than charging full price for games. Of course, hit games like Starcraft II will always sell well, and a high price is sometimes justified, even though it will lead to more piracy. But I think a balance can be achieved, where you can minimize piracy by reducing the price, but not so much that it becomes unprofitable – if the balance is right, I think publishers can look forward to short term increases in revenue and bigger long term benefits such as purchasable add-on content, sequels, paid online services. The alternative is to take the short-sighted approach and continue charging $50+ for games, and then complain about why gamers aren’t buying all the numerous good games that come out every year.

High Definition

In 3D/HD news, what if there was a way to get Blu-ray movies to play on the iPad, or even the iPhone?

VLC for the iOS

VLC for the iOS is coming soon, but don't expect full HD clips to play well on the iPad

Sounds too good to be true? Then perhaps it might just be. The upcoming VLC player for iOS promises to support HD MKV files, which for those with the skills, means they can rip their Blu-ray movies and get it to play on the iOS. But play it might, just don’t expect to be at full frames, or anything approaching semi-playable if this video demo is any clue. Without some sort of optimization and acceleration support, it’s just expecting too much of the 1 GHz processor in the iPad, remembering that even a P4 3.2 GHz processor struggles to play Blu-ray movies at more than 15 FPS without help from a GPU that supports AVC/VC-1 video decoding.

So the dream of being able to use your iPad for 1080p HD movies remains just that … a dream. For now.

But that HD MKV file may not play on the iPad, it may very well play on your TV. Many TVs already support the decoding of HD MKV files. Then there are HD streams on the Internet too, and these will be much easier to access thanks to Google TV, which is coming to a TV near you this Christmas. It’s hard to describe exactly what Google TV brings to your TV, but just have a look at the video I posted here, and it will give you a fair idea of what to expect. I’m not sure browsing the web on your TV is going to be great experience, without a keyboard and mouse that is, which is why most Internet TVs have offered only “closed” Internet, just apps that have been custom designed to make using them easier with the TV remote. But with Google TV, perhaps it will be incentive for websites like Facebook and YouTube to offer a version made specially for TV/remote navigation (if they haven’t done so already, in the case of YouTube XL).

Gaming

And finally in gaming, the PS3 has just had a new firmware out, and the changelog lists “additional security features” as pretty much the only change.

So I’m just going to take a wild stab here and say that it had something to do with the PS Jailbreak device. And guess what, the PS Jailbreak device certainly no longer works after installing firmware 3.42.

But for those that avoided the update, then there will apparently be a new updated version of the Backup Manager. It promises support for future firmware updates (I gather this means that someone will go about hacking 3.42 or later to ensure that the exploit is still there, and that online services are still working). The update also promises native MKV playback, a much missed feature of the PS3, and even bringing back PS2 emulation. So it’s clear that the PS Jailbreak device will be more than just about piracy in the future.

And that’s all the news I have for you this week. Have a good one.