Archive for the ‘Nintendo Wii, Wii U, Switch’ Category

Weekly News Roundup (13 January 2013)

Sunday, January 13th, 2013

It’s back to work for most people, which sucks, but at least there does seem to be news again. Yeah, that’s just what you need after your first week back at work, a long and ranty WNR to read!

I’ll try to keep this as painless as possible, so let’s not waste more time.

Copyright

A new study has proved what most of us suspected anyway, that DMCA take-downs, and even closing down the likes of Megapload won’t really do much in terms of reducing the availability of pirated downloads from cyberlocker sites.

The problem, according to the study, is that the moment you remove one upload, many others pop up in its place. And even removing entire file hosting websites, either through censorship, domain seizures or a well coordinated international law enforcement action like with the Megaupload shutdown, won’t work because new sites will just pop up the next day. In fact, the closure of Megaupload may have had a detrimental effect on efforts to curb cyberlocker piracy, because it has fragmented the upload scene to the point where uploaders are uploading to multiple cyberlocker sites to avoid any one being taken down. It’s like blowing up a big asteroid headed for earth, only for it to fragment into thousands of smaller and still dangerous pieces still coming at you.

In other words, the cat-and-mouse game between pirates and those seeking to reduce pirated uploads is being truly, fundamentally and comprehensively won by the mice. Not surprising when the ratio is probably something like 17,374 mice to every cat, mind you.

Rapidshare logo

RapidShare is forcing its users to go legit with transfer caps, which has only managed to force some of its users to transfer to competing services

So what’s the solution? RapidShare’s solution to keep pirated content off its network is to implement a transfer cap system that went into effect in late November. Since then, RapidShare’s pageview traffic appears to have dropped by more than a third, although it has no doubt led to probably an even greater reduction in the amount of pirated content on the network. But all this means is that piracy was shifted to other sites.

For those file hosting providers that are not self-policing, the study suggests that perhaps going after payment providers that some of the more blatantly pro-piracy cyberlockers may be more effective, but the best way the study concludes, as it always has been, is to innovate. Instead of trying to reduce piracy, reduce the demand for piracy by introducing good value, innovative services that people actually want to use. An obvious solution that the content industry seems totally oblivious to.

Innovation can be expensive and prone to disaster though. But part of the reason why the content industries don’t seem to innovate as much as, say, the IT industry, in my opinion, is that the content industries (especially the music and movie mobs) seem to enjoy special protection through copyright legislation. This means they have very little incentive to do anything new when there’s already legislation there to protect your ageing business model, and plenty of opportunity to pay for new legislation. This is the kind of thing borne out of the initial desire to “protect” capitalism by some misguided notion that this means giving corporations whatever they want, the kind of thing which actually leads away from the free market capitalism model that the politicians creating these kind of laws actually believe in.

This was something raised by Republican Study Committee (RSC) staffer Derek Khanna in his copyright memo, now simply referred to as that “sensible” one. You know the one that was canned almost instantly after it was published by the RSC, and possibly the catalyst behind the  firing of Derek. This week, Derek, now out of a job, was able to speak  for the first time about the entire ordeal.

Derek Khanna

Derek Khanna, the RSC staffer fired after writing a sensible memo on copyright, speaks out on his ordeal

The RSC canned the memo because it claimed that insufficient review had gone into the memo before it was published, but according to Derek, there was nothing out of the ordinary for the process that went into getting his memo published. If anything, it received more feedback than what is deemed necessary.

What was surprising to Derek, but hopefully not to readers of the WNR, was the backlash the memo received from the content industries. All Derek had wanted was to start a debate, but it seems that’s the last thing movie studios and record labels, long since a protected species under the guardianship of the political structure in Washington, wanted.

As for the firing, Derek was unable to speak candidly about it for obvious reasons, but according to the The Washington Examiner, Tennessee congresswoman Rep. Marsha Blackburn, who has close ties to the record industry due to her district’s geographical location in the suburbs of Nashville, was somewhat instrumental in kicking Derek out of the RSC. So for now, the record industry (and the movie industry) remains a protected species, but one that has had its instincts dulled to the point where it isn’t able to live unassisted in the wild, not with competing species the likes of Apple, Amazon, Netflix and Spotify all flourishing on their own abilities. This is not a sustainable situation, in my opinion.

High Definition

If you had to sum up this year’s CES using using 5 unique letters and a single number, then OLED and 4K is all you need. The 4K hype seems to be gathering pace especially quickly.

Almost all of the major TV manufactures announced both OLED TVs and 4K TVs (or TVs with both), even though in my opinion, OLED is going to be the one that makes the most immediate impact. Boring old 1080p OLED TVs can tap into the vast amount of existing HD content and improve them immediately, but the lack of native 4K content should keep 4K away from the mainstream for a while yet.

Samsung Curve OLED TV

OLED might make the more immediate impact between it and 4K, as exhibitors at this year’s CES show off their OLED TVs, including this curved one

Sony has seen the content problem, and devised their own solutions of sorts – “Mastered in 4K” Blu-ray movies. Soon, Sony will release movies mastered from pristine 4K transfers (which isn’t actually something that hasn’t been done before, by many other studios, eg. Jaws) with extra focus on quality through the use of extra bitrate (those old enough will remember Sony’s similar attempt with Superbit DVDs). These Blu-ray titles, when upscaled and displayed on 4K TVs, is said to present a “near 4K” picture, which is actually kind of cynical when you think about it. That you can fluff around with a, no doubt super looking, 1080p stream and make people believe it’s “near 4K” probably says more about the lack of perceivable difference 4K TV is going to make, especially if one isn’t sitting within touching distance of the screen, or aren’t in possession of a 85″ monster. It’s also questionable whether simply throwing bits at an AVC/VC-1 encoding will actually dramatically improve the picture, diminished returns and all that.

Well at the very least it’s better than Sony’s current solution to the lack of 4K content problem, notably “loaning” 4K TV owners with hard-drives pre-loaded with selected 4K content. Their upcoming online 4K video distribution service does sound a bit more promising though.

The truth of the matter is, due to the limited nature of the human perception system in relation to small details, 4K TVs aren’t going to be the game changer that HDTV was, not unless you go above a certain size (at which point the pixel spacing problem may rear its ugly head). OLED’s superb and vibrant colours and deep deep blacks will give you a much bigger “wow factor”, even with existing 1080p content of which there’s a plentiful supply of. Now combine OLED and 4K, and you may have something that’s really really tempting, as long as you can stomach the astronomical price tag, that is.

Gaming

The December US NPD numbers are out, and once again, the Xbox 360 was on top. This is despite the global situation being reversed, with Sony’s PS3 just having managed  to outsell the Xbox 360 in the worldwide race, despite the Xbox 360 having had a year’s head start. But the situation in the US is actually getting worse for the PS3, with Microsoft happily promoting the fact that its Xbox 360, which sold 1.4 million units in December, sold more than twice as many units as the unnamed next best non-portable console, which had to be the PS3 because the Wii and Wii U sold nowhere near 700,000 units (475,000 and 460,000 units respectively for the Wiis).

The Xbox 360’s 1.4 million units, while impressive, still represented a 17% decline compared to December from a year ago. Still, the decline was smaller than in recent months.

Overall, 2012 was a disappointing year for the gaming industry revenue wise, at least compared to 2011. The age of the current generation of consoles is a major factor, but the lack of new game releases, 29% less than 2011, also contributed to a very lackluster year. On average though, each SKU generated 8% more unit sales and 11% more revenue, so there’s definitely some silver lining in this cloud.

Well, that’s that for the first real news week of 2013. See you next week.

R.I.P Aaron Swartz

Weekly News Roundup (16 December 2012)

Sunday, December 16th, 2012

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

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

Copyright

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

Google DMCA Stats

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

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

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

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

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

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

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

Gaming

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

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

ZombieU on Wii U

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

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

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

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

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

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

Weekly News Roundup (11 November 2012)

Sunday, November 11th, 2012

Another very quiet week, no doubt due to the focus on the election and the recriminations afterwards. I didn’t do too badly with my predictions though, 48 out of 50. Technically 49 out of 50, since I changed my mind just before the election and (literally) put my money on Colorado staying blue – so I only managed to get Florida wrong (mainly because I overestimated the Cuban vote for Republicans). I’m no Nate Silver, but considering I was mainly going with gut and educated guessing, I certainly did a lot better than most pundits out there.

Towards the end of the week, the October NPD results came in for video game sales in the US. Once again, not enough data to actually write a full analysis, so I’ll briefly cover it in this WNR. I’m hoping that the Wii U is successfully launched and Nintendo find it reasonable again to provide sales data, which assuming Microsoft continues to do the same, means we might have enough data for a full analysis again. I miss writing the NPD updates 🙁

Onto the news …

Copyright

Having started demoting websites that receive “too many” DMCA notices, you’d think that Google has finally gotten into rights holders’ good books. But as expected, they’re still not happy.

Their protest this time does seem to have some merit though, as a quick browse of some Google search results still show the “majors” (The Pirate Bay, isoHunt, KickassTorrents) still ranking relatively well, at least for certain terms, despite Google having promised that the major piracy sites (the ones receiving the most DMCA notices) would be demoted. Rights holders naturally sounded the alarm, and the first to their rescue has been the UK government, which has launched a review into Google’s latest anti-piracy attempt.

KickassTorrents' Google DMCA stats

KickassTorrents may have received more than half a million DMCA takedown requests, but it only represents less than 1% of their total indexed pages, which may or may not be enough to affect search results

Almost all webmasters will be familiar with the frustration of trying to work out how Google actually ranks search results, and how strange some of the results are, especially when it comes to websites that are clearly breaking Google’s rules and yet still rank highly. Google’s algorithm is so complicated, I doubt any single person working for the Mountain View company actually knows just how it all works. In the article I’ve linked above, I’ve tried to offer a brief overview of how a ranking for a webpage is derived, based on “good” and “bad” quality signals. I would guess that “DMCA notices” would fall into the “bad” quality signal, but it’s only one of possibly thousands of weighted signals, and just because a website has over 1 million DMCA notices, it doesn’t automatically mean that pages on the site will never rank. One of the most important “good quality” signals is user satisfaction, and people searching for pirated movies will be very satisfied by the “majors”, and these websites would also have a lot of relevant back-links, which is also another very important good quality signal. At the moment, it does look like Google may very well need to adjust just how important the DMCA signal is, to avoid torrent sites from still dominating certain search results. In fact, just doing a quick search today seems to reveal a totally new set of results for the same keywords, with the majors nowhere in the top 10 – maybe Google has responded already!

But even if Google does the impossible and removes every single piracy related torrent or streaming site from its index (note that is has never promised to remove sites, only demote them), I doubt rights holders would be fully satisfied. Because deep down they know that, as much as they want to make Google a scapegoat in all of this, Google and other search engines have never been a big contributor to the web piracy problem. Most traffic (probably upwards of 80-90%) to the majors are not search related traffic at all, but from people who already know of the site (called direct referrals).

Rights holders may be hoping that Google can do more to combat torrent sites, but for direct download sites like RapidShare, these site’s own policy of “self-harm” appears to be enough for now. This “self-harm” policy, implemented by many file hosting websites appears to be exactly what the rights holders had hoped would happen when it lobbied the US government to take action against Megaupload. RapidShare this week took the most drastic action yet, by implementing a daily download limit for shared files. For uploaders using free RS accounts, their uploads now have a daily download limit of 1GB, but even those on paid accounts cannot share more than 30GB of files in any given day. Private file sharing remains unlimited.

These changes comes after last week’s removal of the download speed cap, which has been in place since Megaupload’s demise as a way for RS to drive away the piracy related traffic that was looking for a new home. What this change effectively means is that RapidShare has now moved towards (or back to?) being more of a personal file sharing tool, rather than a public one, regardless of whether the content in question is pirated or not. If you need to share a largish PDF file, one that does not contain confidential information with a few people, then RapidShare still works great. But if you’re a software developer and you were using RapidShare to distribute your files, then you need to think again, even if you use a paid account. 1GB may sound like a lot, but for a typical 5MB download (which is actually the average size of downloads on Digital Digest), that’s only 200 downloads per day. If you’re an indie filmmaker distributing your own film … then forget about it!

Of course, RapidShare will argue that their service was never meant to replace proper file/download hosting, which can be quite expensive as the GBs really do add up. But the fact is that many indie content producers have relied on them in the past, and they will no longer be able to do so.

Disregarding the collateral damage, while the anti-piracy effect of this move may be exactly what rights holders wants, but this will only drive indie content developers towards BitTorrent, something that’s already happening. And the “mainstreaming” of BitTorrent is probably not what rights holders want at all.

——

Microsoft Kinect

Will Microsoft use the Kinect camera as a new form of insidious DRM?

An interesting/disturbing patent application emerged this week, one made by Microsoft, in which the company plans to use Kinect to enforce a new sinister form of DRM. The DRM would enforce a new kind of rights management under which users pay not just for a time limited usage of video content (ie. a rental), but would also have to pay for each additional user that watches the video. The patent suggest a way for Kinect to detect how many people are watching, and limit playback or charge the users more when a certain number is reached.

Now, patent applications are a dime a dozen, and most are for ideas that will never become reality, so it’s not really worth getting all worked up about this at all. But you just know that some suit somewhere in Hollywood actually thinks this is a great idea. As consumers, we have to be vigilant and we have to let rights holders know what is and isn’t acceptable – pay-per-viewer is definitely not an acceptable trend.

If anything, the trends has moved away from transaction based rental and purchasing, and towards the all-you-can-eat variety. Adding “viewer based transactions” will be a serious step backwards.

Gaming

As mentioned earlier, NPD has released October’s US video game sales report, and the Xbox 360 yet again was the most dominant console, having managed to grab 56% of the home based console market share.

Wii U ZombiU

Can the Wii U’s more “hardcore gamer” focus win back gamers from the Xbox 360 and PS3?

The Xbox 360 sales figures still represent a 31% decline compared to the same month last year. With the holiday period coming up, Microsoft will hope sales will start to pick up, because declines like this point to the need of a new console. I’m still hoping a good set of Wii U results, when it’s released in mid November, will prompt the company to start releasing hardware sales results again (I think they may do it if sales exceed that of the Xbox 360, but then perhaps if that happens, Microsoft will become less forthcoming with their own results).

But don’t discount the Xbox 360 just yet – the launch of Halo 4 might be at just the right time going into the holiday period, and none of the previews so far indicate that the Wii U is, graphically at least, that much more powerful than the 360 and PS3. So for the Wii U, it all depends on whether the tablet controller can be used to full effect, and whether that’s enough of a differentiator to make it stand out. Well at the very least, Nintendo’s flagship console will no longer be considered a technological throwback (not until the PS4 and Xbox 720 comes out anyway).

That’s all for this week. Have a good one, and see you in seven.

Weekly News Roundup (14 October 2012)

Sunday, October 14th, 2012

Welcome to the two hundred and sixty third weekly news roundup – may the news be ever in your favour. Yes, I’ve recently watched and read The Hunger Games (and the other two books in the trilogy too), stories that are right up the alley for a self confessed post-apocalyp-fanatic like myself. My favourite character in the book is Buttercup. Why does Buttercup have to be a black (and white) cat in the movie, not gonna lie, kind of ruined the movie.

It’s one of those weeks where everything appears perfectly calm, and then everything sneaks up upon you in the last minute. A couple of stories have been intentionally left to next week in case there’s a drought of stories. Let’s get started.

Copyright

Sometimes you read a story and you can’t help but feel sick to your stomach at the whole copyright lobbying machine that has been created by the unholy marriage between the copyright lobby and the US government. Attorney General Eric Holder this week revealed that the DoJ has been spending tax payer money helping the music and movie industries spread their propaganda overseas, or to state it in a more neutral manner, to help “educated” thousands of foreign judges, prosecutors, investigators and even policymakers.

Eric Holder

Attorney General Eric Holder is proud of the fact that the DoJ has been “educating” foreign judges, prosecutors and policymakers on copyright issues

In other words, the DoJ, at tax payer expense, has been peddling the often exaggerated “facts” that have no doubt been provided directly by the likes of the MPAA and RIAA, all in the name of helping to keep America’s economy strong (by helping these industries holding on to outdated business models, and denying the potential of the Internet).

What made me sick though was suddenly remembering what SOPA/PIPA would have allowed the DoJ to do – to go into these foreign jurisdictions and sue IP “thieves” (again using tax payer funds) on behalf of the likes of Sony and Fox (who obviously can’t afford to hire their own lawyers). They would be putting their case in front of foreign judges that they have already spent vast sums “educating”, judges that will rule based on laws made by policymakers that the DoJ have also been “educating”. Well it’s a shame for them though that SOPA/PIPA didn’t pass, isn’t it?

And it’s not as if the US even needs to educate other countries in how to be totally over-the-top when it comes to copyright enforcement – these other countries have their own lobbyists too, you know. Like the UK’s Federation Against Software Theft (FAST), and their attempt to stop 4G piracy before it even starts.

Despite the high cost of 4G bandwidth, FAST says that this could become a real problem sometime in the future, and therefore, it is asking the regulators to take a serious look at this and other technologies. No doubt the “other” may eventually include public Wi-Fi hotspots, regulations on which may very well kill off these ever more useful services.

So despite almost no evidence that any technological measures have worked so far, let’s all just concentrate on implementing more technological measures for technology that has barely been launched yet. And instead of thinking about what you can do with new technology, let’s first work out what you definitely shouldn’t be allowed to do first!

Spotify Logo

Spotify helping to reduce piracy? The stats seems to point that way …

It’s this kind of backwards thinking that, I think, has hampered any real effort to combat online piracy. And a new study confirms that, in most cases, fighting piracy should be done by giving the people what they want, not stopping them doing what they’re already doing. Against staying in the UK, Musicmetric’s Digital Music Index report found that music BitTorrent piracy rates were more likely to decrease  in regions that has access to Spotify, than in regions that did not have the freemium based streaming service.

Out of the top 10 countries that saw the fastest decreasing music BitTorrent rates, 5 of them had Spotify. Out of the top 10 countries that saw rising music BitTorrent usage, only one of them had access to the service. Interestingly, the odd one out on this occasion was France, the country with one of the toughest anti-BitTorrent regimes in place!

But you don’t need a degree in, well, anything to know that competing with piracy does a better job of defeating it than simply trying to prevent it. Spotify does that in spades, and that’s why it’s so popular.

Megabox Screengrab

A screengrab of the upcoming Megabox website, highlighting “exclusive artists” including ‘The Black Keys’, ‘Rusko’, ‘Two Fingers’ and ‘will.i.am’

What may also become popular is Kim Dotcom’s next venture, Megabox. This week, Dotcom revealed that coding for the new music downloading website is 90% complete. The news that the “new Mega” might launch this year, before even the extradition proceedings have been completed for Dotcom, should rightly annoy the U.S. prosecutors handling the case. Megabox, for those that don’t know, aims to cut out the middleman, the record industry championed by the RIAA (who was probably instrumental in getting Megaupload taken down), and to connect music fans directly with artists. Artists will get 90% of all revenue earned via advertising associated with the site, as well as from direct music purchases. As for fears Megabox will face the same fate as Megaupload, Kim Dotcom assures us that this will be “impossible”.

What also isn’t possible, at least right now, is for Doctom and Megaupload to extricate themselves from the criminal case pending in the U.S. A judge this week ruled against Megaupload’s motion to dismiss, siding with prosecutors who believe that it is indeed possible to launch proceedings against a company that doesn’t actually have an U.S. office. There are still some procedural concerns though that the judge has left open for future examination of the dismissal question, including the actual handing over of the charging documents that prosecutors have failed to do so far. With extradition proceedings pending until early next year, any permanent ruling over the motion to dismiss will have to happen afterwards.

Gaming

It’s that time of the month again. For 21 months in a row now, the Xbox 360 has been crowned the best selling home based console, beating the PS3 and the Wii (probably in this order) in the NPD monthly sales report. With both Sony and Nintendo tight lipped again about their sales figures, there will be no NPD analysis this month again. The September reporting period may also have included (or just missed out on) a couple of days of sales for the PS3 Super Slim, but no statement was forthcoming from Sony at the current time.

For the Xbox 360, it managed to sell 270,000 units, down some 38.4% compared to the same month a year ago. Even with the decline in sales, it managed to account for 49% of home based console sales, meaning that even when you combine the Wii and PS3 numbers, they’re only a tiny bit more than just the 360 number by themselves.

Not long to go until the Wii U, so Microsoft better make the most out of their current “victories”.

That’s that for the week. See you again in seven days.

Weekly News Roundup (16 September 2012)

Sunday, September 16th, 2012

Welcome to another issue of the WNR. For yet another month, I waited naively in the vain hope that more figures would start leaking out for August’s NPD analysis, but alas, that wasn’t to be the case. So as usual, the gaming section is where August’s NPD will live (on life support, coming in and out of the coma).

iPhone 5

iPhone 5: Faster, lighter, thinner, and bigger where it counts (the screen). But is it still exciting and innovative?

Otherwise, it was a fairly quiet week. I suppose I should talk about the iPhone 5 release or whatever. Was that perhaps the most anti-climatic launch event in Apple’s recent history? Through the various leaks, almost everything about the new iPhone had been fairly well known long before the Wednesday launch event – Apple seems to have given up on the almost impossible job of trying to keep things secret. And even if we somehow didn’t know about the larger (well, taller anyway) screen, LTE and the other new stuff, none of it would have been a huge surprise anyway. There’s nothing wrong with incrementally improving an already well established product, but having failed to keep up with its competitors in terms of screen size, and features such as NFC, the least Apple could have done was to inspire us with some of the ways to use newly added features. This has been their strength in the recent past, so to hear them talk more about “faster CPUs”, “better graphics”, brings back painful memories of the PC upgrade cycle and how pointless it all was talking about MHz and RAM sizes.

With all that said, the iPhone 5 is set to become the fastest selling gadget of all time, so maybe I have no idea what I’m talking about (more than probable). Vote in our poll to tell us your thoughts about the new iPhone.

Copyright

Google’s self-censorship continues this week, with The Pirate Bay joining the list of blacklisted search terms that will no longer be part of Google’s Autocomplete and Instant search products. The name of the website, and its domain name, joins notorious terms such as “torrent” and “RapidShare” as part of Google’s blacklist.

I have no idea what this latest move, part of Google’s appeasement policy, will actually do to combat piracy at all. I guess people who want to search for The Pirate Bay, but don’t know how to spell the words “Pirate”, “Bay” and “The”, may just give up and buy movies and music instead, or something. Interestingly, searching for “teh pyrat bey” still brings up TPB website as the first result, as Google’s auto-correct features appears to still show love for the website.

Meanwhile, TPB co-founder Gottfrid Svartholm has arrived safe and relatively well back in Sweden to face new hacking charges, and to serve the prison sentence imposed on his for his crime of being initially part of The Pirate Bay (as well as pay the million bucks he will be unable to pay), and further jail time for not appearing for a court hearing earlier in the year.

Speaking of millions of bucks in damages, the legal merry-go-around continues for Jamie Thomas-Rasset, as the appeals court ruled this week that the damages decision from the second of her three previous trials was the one that was perfectly valid, and that the judge had no right in those trials to reduce the damages amount to something reasonable like $54,000. Instead, Thomas-Rasset will be asked to pay $222,000 for the act of sharing 24 songs. I guess that’s better than the $1.92 million from the third trial.

There’s no doubt that a large percentage of the $222,000 is punitive in its nature, as even considering the thousand songs that Thomas-Rasset is supposed to have shared (only 24 of those were included as part of the trial), there’s no way that $222,000 worth of damages could have occurred via direct damages. If we take the calculation used to come up with the $222,000 in damages, and couple it with the 11,000 copyrighted songs that the RIAA identified were being shared on LimeWire before its demise, each having being shared a thousand time (the RIAA actually claimed each were shared “thousands” of times), the resulting total damages would be worth excess of $101,750,000,000 (that’s $101 billion). Even if you take the $222,000 and divide by the 1,000 songs that Thomas-Rasset is alleged to have shared, multiply that by the LimeWire figures, then that’s still more than $2.4 billion. And this was just one music sharing method.

The real question is, given Thomas-Rasset’s intent (ie. to download songs for free), is it really fair to class her actions along with wilful pirates that make and sell counterfeit CDs, or start websites fraudulently charging people to download songs that are pirated in the first place? Her intent was to save a few thousands dollars, at best, by downloading instead of buying, so should the punitive nature of the damages be hundreds of times greater?

As controversial as the French “three-strikes” Hadopi regime has been, with the very same thing coming to the US (but twice as many strikes! Beat that Frenchies. USA! USA!), the trials and tribulations of both Thomas-Rasset and her compatriot Joel Tenenbaum would have been far more agreeable if they had fallen foul of these graduated response laws, rather than having to go through the civil court system.

Ironically, three-or-more strikes actually works out better for those that do admit to pirating stuff. At least compared to the threat of a civil lawsuit. But for one craftsman in rural France, his Kafkaesque ordeal might point to the more unfair aspects of graduated response.

Alain Prevost has the unfortunate distinction of being the first person to be fined under France’s Hadopi laws. This is despite Prevost proving he wasn’t responsible for any downloads by bringing the real perpetrator, his soon to be ex-wife, to court to testify to this fact. Prevost was still fined 150 euros for failing to secure his Internet connection.

Having received two warning emails and letters regarding illegal downloads, Prevost actually implemented his own punishment by disconnecting his Internet account, and instructed his wife’s lawyer to write to Hadopi to explain everything. But the Hadopi agency did not like the fact that Prevost stopped responding to his emails (hard to do when you don’t have an Internet connection), and wrote to Prevost to order him to travel all the way to Paris to explain himself. Prevost declined the invitation, feeling such a trivial matter should not warrant the expense of travel. This apparently made Hadopi even more angry, and it was at this point the police were involved. Prevost was summoned to the police station to explain himself, and it is here that Prevost made his biggest, and possibly only mistake, in this whole ordeal – he told the truth!

Prevost told the police that his wife was most likely the responsible party for the downloads (something that his wife would agree to testify to), and that in a show of good faith, he would hire the services of a local computer expert, at his own expense,  to clean his computer of any infringing files. If Prevost thought that explaining away his responsibility and taking pre-emptive actions to remove any infringing content would lead to the end of the matter, he would be sadly mistaken.

Prevost was then summoned to appear in court over his audacity to ignore Hadopi. Prevost brought along his wife to testify to the fact that he had not done anything wrong, but having told the truth to the police earlier on, this was used against him by the court who opined that Prevost must have had prior knowledge of his wife’s illegal activities, and therefore was still responsible. Prevost was eventually fined 150 euros, a lower amount than the prosecutors had asked for due to the fact that Prevost has no criminal record.

All of this because his wife might have downloaded two Rihanna songs, and all to only result in a small fine that probably doesn’t even cover a tenth of the expense that Hadopi used to catch this criminal mastermind. And what benefit to rights holders? Who knows.

High Definition

After the demise of HD DVD, everyone (including yours truly) thought that the next battle would be between Blu-ray and DVDs, and to an extent, that has been true. But the super quick way in which services like Netflix, VUDU, Amazon and iTunes have become ubiquitous among today’s connected multimedia devices suggests that the real battle is not between the new and old disc formats, but between having a disc format and, well, having no discs at all.

Fox Digital HD

Fox Digital HD will allow HD digital copies to be purchased weeks before the DVD/Blu-ray ones

So when Fox, one of the biggest and earliest supporters of Blu-ray revealed plans to release purchasable digital downloads of their movies ahead of their Blu-ray and DVD releases, a few eyebrows were definitely raise. While early release digital downloads are not new in the strictest sense, they’ve mostly been one-offs – a release here, a release there. But the Fox initiative plans to bring the strategy forward for most of their A-listers, including the upcoming releases Prometheus and Abraham Lincoln: Vampire Hunter, and they’re doing it across as many devices as possible (supported platforms currently include Amazon, CinemaNow, iTunes, PlayStation, VUDU and Xbox Live).

And most importantly, all of these releases as part of Fox’s “Digital HD” initiative will be available on glorious HD (well, glorious by today’s download standards), thus directly competing with Blu-ray (although HT die-hards like myself might disagree, at least when talking about the quality of HD).

The immediate risk for Fox is that the digital downloads will cannibalize their disc sales, and also increase the risk of piracy. So Fox are either super confident about the DRM systems being used by its third party partners, or they’ve realised that pirates will pirate anyway, and that the pirated version would most likely already have been available long before the DRM-laden digital download version makes its official appearance.

Gaming

August’s NPD figures, well what was made available anyway, showed nothing particularly alarming or surprising. The Xbox 360 continued to be the most popular console, with 193,000 units sold, down 37% compared to the same month last year.

The 193,000 was 48% of the entire home based console market, leaving 209,000 units between the PS3 and Wii. Given the most recent known results, this probably breaks down to something like 130,000 and 79,000 for the PS3 and Wii respectively, possibly even higher for the PS3 given that the proximity to the Wii U’s introduction.

Speaking of the Wii U, Apple weren’t the only ones to have launched a product this week, with Nintendo officially launching the $299 Wii U (with a more expensive “premium” version for $349, with more storage and accessories). Surprisingly, the rumours from last week about the release date was in fact correct: November 18, for North America.

Wii U TVii

Wii U TVii: Digital download and streaming for the Wii U, but the optical drive is a no-go zone for movies

What I found most interesting was the TVii announcement, which is set to turn the Wii U into a digital media hub in the same way that the PS3 and Xbox 360 already are. Supporting the latest digital streaming services such as Amazon, Netflix, Hulu, and also offering support for TiVo DVRs, the Wii U is an odd device in that it does use Blu-ray sized optical discs, but it appears the only way to play movies would be via digital streaming or downloads. The next evolution of the game console may very well see the disc drive removed, with games being distributed digitally too.

But we’d all need bigger bandwidth allowances, if not unlimited quotas, before that can become a reality. Personally speaking, I’ve used up half of my allowance last month viewing Amazon Prime streaming titles, to the point where I had to ration my usage towards the end of the cycle. An additional $30 to move up to the next bandwidth tier doesn’t seem economical to me, at the moment.

That’s it for this issue. See you in seven.