Friday, 19 February 2010 16:31
Andy B
It is no secret that video games have long been intense digital rights management (DRM) battlefields, with game cracking groups engaging in an endless arms race with game developers. As soon as a new DRM scheme is released it is quickly cracked and released on P2P networks and "warez" group sites. Ubisoft has taken this battle to the next level, starting with Assassin's Creed 2 and affecting all future Ubisoft titles. The new DRM scheme requires a constant internet connection in order to play Ubisoft's games on a PC. Yep, you heard that right. If you travel and enjoy playing Ubisoft games on your laptop in-flight you are out of luck. Or in a hotel where you don't want to pay $14.95 for 24 hours of Internet. Or if your Internet connection goes out. Or if their servers go down. Out of luck. The new DRM system checks in with a central Ubisoft server when started, preventing the game from running if it cannot connect to the server. Not enough for Ubisoft, the DRM continues to check in during game play. If at any time the DRM system cannot reach Ubisoft's central servers, you are booted out of the game and lose any progress since your last checkpoint. So if your wireless router reboots or for any of a thousand reasons your game can't connect to Ubisoft when it checks in, you lose everything you have done since your last checkpoint and cannot play again until that connection is restored. Ubisoft was asked about the details of this system by CVG, and responded in a nutshell that piracy is "a huge problem" that "all serious companies need to address." CVG had some legitimate questions for Ubisoft, which were addressed, but not particularly well. If a gamer wants to play back through Assassin's Creed 2 in five years, will the DRM servers still be up? What about maintenance of the update servers? Ubisoft claims that down the road they will "patch-out" the DRM and no longer require the check-in on older games, but if the servers are not available five years after the last time the game was played, how would it patch-out the DRM? Ubisoft essentially says "we plan to keep the servers up and available for a long time." Gamers have no more assurances that the $50-$60 they spend on games is well-spent than "we plan to make it wok." Hm. More after the break.
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Sunday, 14 February 2010 22:42
Andy B
Bloomberg is reporting that the FCC is considering requiring Verizon and AT&T to lease fast internet to rival ISPs. The proposal is backed by Cbeyond, a provider of Internet and data services to small businesses, and has the support of the Small Business Administration as a job creation tool. This is interesting given the recent trend at the FCC to move away from common carrier-type regulation of telecommunications providers. The data services are indistinguishable from those of the cable TV companies, so it seems sort of silly to only require phone companies and not cable providers to share their lines. Cable and telcos are subject to separate regulation regimes because of their differing history and technological evolution, but both are becoming just data service providers with different legacy expertise. Hopefully the FCC starts to regulate them more consistently. Allowing other companies access to the physical lines is a good idea. Telcos and cable companies insist that they will not have incentives to invest in the lines if they have to share. There is not a lot of evidence either way, but a system where consumers have one or at most two or three choices between effectively identical companies is not competition and is not good for consumers.
Friday, 12 February 2010 18:20
Andy B
Google's release of Buzz earlier this week has turned into quite the hot topic. As very brief background, Google released a Twitter-like addition to Gmail which automatically connects to your frequent contacts, linking in Picasa, Reader, and other Google applications that are tied in with Gmail accounts. Essentially, Buzz exposes your "Google life" to everyone you communicate with whether you intended those links to be seen by everyone or not. Here is an example of the problem. A woman had information exposed to her abusive ex-husband that she did not want to be shared. Before Buzz, that information was segregated within Google and the ex-husband had no way of seeing it. No longer. There is no indication that this has led to real-life harm coming upon the poster, but this is the scary type of situation that causes privacy advocates break out in hives and makes you want to say "Hey Google: What the hell?" There were three things that, when combined, make Buzz the worst move Google has made in a long time, hands-down. - First, there is the lack of any notice as to what Buzz is and exactly what it shares with other people. This ad, for example, gives no indication that once turned on, Buzz will automagically share pretty much every connection in your Google life with everyone else you communicate with in Google. This includes Picasa, Reader, etc...
- Second, Google set the default to "share everything with everyone" and auto-added frequent contacts. The Buzz ad above says you can "share privately," which certainly doesn't suggest that you are opening Pandora's Box by default. And with the lack of notice people who activate Buzz have to find that out the hard way. Google took a page out of the Facebook's "how to piss off users" strategy guide for this one. Start with opt-in and go from there.
- Third, it is hard to kill once it is enabled. There is a tiny little link at the bottom of the Gmail screen that says "turn Buzz off" but by some accounts it is not that easy. You may have to go through and un-follow each person in your Google Profile (even if you didn't set one up before), then unfollow in Buzz, then turn it off. Way too much work to opt-out.
Putting together no notice, wide-open default settings, and a difficult and kludgy opt-out procedure and you have a recipe for disaster. Google should know better than enabling something like this when so many people put so much sensitive information into Gmail. People expect to be able to control their list of email contacts. Expect Google to release some sort of management tool that helps users see what is shared and who can see it. It also wouldn't be surprising to see at least one lawsuit pop up out of this. Especially if someone like the woman in the post above gets hurt. What a mess. Update: Didn't take long for Google to make changes. The big disconnect seems to be for people (like me) that already had Google profiles. No checkbox or notification that follower lists would be made public was presented. When you automatically add contacts from Gmail as followers/followees, there needs to be some notice for people who already had profiles. Update2: Google has made additional changes to Buzz. They have addressed the second and third problems described above by not automatically adding frequent contacts to your "follow" list (instead suggesting people to follow) and making it much easier to control who sees things and shut it off. Very responsive of Google, but they really should have known better.
Wednesday, 03 February 2010 02:20
Andy B
A comment/prediction on the future of recorded music. The file-sharing wars highlight a fundamental question - what is the best way to incentivize artists to create music and to distribute that music to consumers. I don't think the current model is it. Basically, right now record labels sign artists to contracts and pay them large amounts of money up front. Most of the artists they sign will not make back the money they have been paid, so the few that do "make it" are leveraged like crazy to make up for everyone else that loses money. Artists make almost no money from record sales - they were paid up front and until the record companies make that back, they get essentially nothing. Contrary to a lot of the rhetoric, I don't think that the *music* industry lives or dies with the *recording* industry. The recording industry is but one part of the music ecosystem and the functions provided by record companies can be provided by someone else. Those functions are - more or less - artist discovery, recording, marketing, and distribution. Recently, we have started to see viable alternatives to record labels emerge and artists taking risks to explore them. There are several successful examples I can think of off the top of my head including the Radiohead (buy my album for what you think it is worth - even 0), Jill Sobule (fan-funded albums), Artist Share (more fan-funding), Josh Freese (selling "access" - e.g. $20,000 to hang out for a week), etc... There is no one "magic" business model that will work for everyone, but there are plenty of ways to make money that don't require selling music. This is my (somewhat lengthy) prediction for what we are going to see in the music industry over the next 5-10 years. It may not be exact, but I honestly expect something like this to happen: (click read more to see it)
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Monday, 01 February 2010 22:54
Andy B
News today regarding a grandmother threatened and disconnected from her ISP. With no due process or anyone to ensure that accusations are legit, there is a danger in enacting three strikes policies. It will not take too many of these before US ISPs start to back off from agreements they may have made with content rights-holders. The PR is just not worth the marginal benefits to ISPs. For Three Strikes opponents (like me) it is probably good that these issues are cropping up before a law is passed to require it like we are seeing in France and the UK. It will not take many grandmothers or single mothers with home businesses as their primary livelihood getting disconnected to scare away legislators.
Friday, 29 January 2010 03:38
Andy B
The 2010 State of the Net conference was Wednesday in DC. One of the panels was on the "Three Strikes" laws that are being proposed and enacted in several countries around the world. The panelists mostly debated due process concerns (there really isn't any - bare accusations are probably enough to get your account shut off) against the benefits of a temporary Internet disruption over lawsuits. What the record companies and other content types don't seem to get is that file sharing evolves with the landscape and overcomes any obstacles. - First there was Napster. Napster was a centralized file sharing service and an easy target for a lawsuit. It became obvious that a centralized model was not feasible.
- In response to Napster (and the "paint by numbers" guide given by the Ninth Circuit) Grokster and several similar networks popped up with a much more decentralized purpose. While legal under the Napster case law, the Supreme Court created "inducement" to extend liability to these decentralized networks.
- In response to Grokster BitTorrent further decentralized file sharing. With the ability to set up many different trackers and quite a bit of potential for legitimate uses, while certain sites may fall under Grokster it is unlikely that the technology itself will be found illegal.
So, we are at a point where the technology has evolved as necessary to evade legal obstacles. The RIAA and IFPI suggest three-strikes as an effective way to avoid lawsuits and lower piracy. Why would this be anything other than another obstacle to be overcome? This is the way I see it, one of two things will happen if three-strikes is widely implemented. If it is a failure - the system ends up too expensive or otherwise inadministrable - nothing changes. On the other hand, if it works, a new generation of file sharing software will be born that allows anonymous and secure piracy. It has happened before, it is naive to think it won't happen again. Anonymous networks are out there - the technology exists. Up to this point, there hasn't been sufficient motivation to drive the adoption of anonymous file sharing networks. If three-strikes is as successful as the recording industry hopes, that will change. So what does this all mean? Is piracy inevitable? What can be done to stop it? I don't think it will ever be "stopped." Counterfeit operations have been going on for centuries and aren't likely to magically stop now. A better approach might be to adopt business models that rely on scarce goods that are more difficult to counterfeit - live shows, access, fan-funded albums. Bands are starting to learn how to do this - many with quite a bit of success.
Piracy will never be eliminated but it can be leveraged as part of a larger business model. There is probably no single model that will work for everyone, but when has that ever been true? The traditional model certainly works better for some than others, and new ways of making a living off music should be no different.
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