Wednesday, 30 March 2011

Louis Vuitton sues artist, again

Nadia Plesner sued for this image.jpeg

In a T-shirt sold in 2008 to raise money for victims of violence in Darfur, artist Nadia Plesner depicted an African child holding a Louis Vuitton-style bag. So Louis Vuitton sued her. When she recently included the same design in a painting, it sued her again.

The first time around, Louis Vuitton claimed it wanted merely to stop her from selling the merchandise. This time, however, there is little pretense that it is about anything other than wanting the image gotten rid of. Paul Schmelzer writes:

Despite a clearly artistic -- and not commercial -- intention behind the work, Louis Vuitton is seeking monetary penalties (220,000 Euros or roughly $307,000 and counting, with no ceiling on the penalty) and aims to prevent Plesner from exhibiting the painting either on her website or at venues in the European Union. (Here's an unofficial English translation of the court order.)

LV sues artist Nadia Plesner [Eyeteeth]

Thursday, 24 March 2011

Trademark thought experiment: when should intermediaries be cops? (Barista vs. Barbie)


A little trademark thought-experiment: under a proposed UN treaty, Internet Service Providers (as well as search engines, social media sites, online auctions, online games, and sites like Etsy and Thingiverse) will be responsible for detecting and interdicting trademark infringement and helping punish infringers by retaining and providing their personal information on demand from a trademark holder, without a court order.

Now, many coffee shops today are ISPs (that is, one of the kinds of intermediary targetted by this proposal). And many coffee shops today are the locus of trademark infringement -- say, when you walk in with your kid clutching a fake Barbie from a stalls market or a blanket in Santee Alley or on Broadway. If you applied this intermediary liability standard to the real world, every barista would have to be on the lookout for this kind of trademark infringement. If someone in the shop were to say, "Hey, I work for Mattel, and that Barbie's a fake!" it would be the barista's duty to leap over the counter and take away the fake Barbie.

But her responsibility wouldn't stop there: her employer would have to set up cameras and cash-register logs so that they could identify infringers later. So after you left with your kid (who is by now in tears, screaming for her lost Barbie) (or "Barbie") the barista would have to pull your name off your credit card receipt and hand it over to the random dude who says he works for Mattel, without seeing any ID (much less a court order). And she'd have to print out the photos and turn them over too.

Or she could refuse -- but if she's wrong and the Mattel guy is right, well, her boss will be on the hook for the trademark infringement, too. The barista had better be some trademark expert if she plans on refusing the request.

Many institutions are "intermediaries" for bad acts: kids ride the subway to parties where they drink before they're legally allowed to; is it the transit authority's job to police alcohol laws? Cruel pet owners hit their dogs with rolled up newspapers; adulterers meet in hotels; fraudsters use telephones, pens, photocopiers and envelopes. All these criminal acts are not subject to policing by intermediaries -- why should one industry's civil actions be the entire world's responsibility?

Discuss.

(Image: Abandoned Barbie, a Creative Commons Attribution (2.0) image from derekgavey's photostream)

Tuesday, 22 March 2011

Obama administration recommends making illegal streaming a felony

from The People's Republic of Moronia

Here’s one story you won’t see going viral on a geek blog near you: the Obama administration is going to make torrent streaming, also known as P2P (peer to peer) sharing of music, a felony. A felony. This means, according to the Administration’s White Paper, recommending an upgrade to the act of illegal streaming of music to one of “financial espionage,” carrying prison time of up to 20 years.

This would apply to sites and people using, promoting (carrying ad-links) and hosting services like, the Pirate Bay, Utorrent, Bittorrent and Limewire derivatives. But what about the sites that just side with P2P and its lifestyle, like, Pirate Party, Zeropaid, TechDirt, Boycott-RIAA and Recording Industry vs People? Are they in danger too?

The White Paper, which makes the recommendations to Congress, includes as part of its focus, websites that “provide access to infringing products,” and would give local authorities “wiretap rights” in order to gather evidence. In other words, sites promoting the P2P lifestyle—in any way, would be investigated the same way as street gangs and the Mafia.

via Obama Crackdown on Illegal Streaming Signals End To Piracy | Moses Supposes:.

Sunday, 20 March 2011

Teens 'too blasé' about online legal dangers

by Peter Munro, The Age, March 20, 2011

VICTORIAN teenagers are ignorant of the legal pitfalls of using social media - such as posting explicit photographs of themselves or others online - and only 1 per cent would ask an adult for advice about dangers online, a study has found.

A Monash University-led study of more than 1000 year 7 to 10 students at 17 Victorian schools found social media was almost universal: 95 per cent of students used at least one social networking site and six in 10 updated their profile at least once a day. And 72 per cent had received unpleasant or unwanted contact from strangers via their online profiles.

But the study, Teenagers, Legal Risks and Social Networking Sites, found students were often blase about online dangers, with almost 30 per cent believing sites such as Facebook were risk-free. Parents and teachers also had little awareness of the ''potentially serious consequences'' young people faced, such as stalking, identity theft and harassment. Of concern was the prevalence of teenagers posting explicit photos of themselves or others online, the study found, citing the case of the 17-year-old girl who released nude photos of two St Kilda footballers on Facebook. Doing so could breach laws of privacy, confidentiality, defamation and copyright.

Children sending and receiving sexually explicit images on mobile phones - ''sexting'' - are also potentially liable under child pornography laws. The focus on cyber bullying had overshadowed the need to educate young people against breaking laws about privacy, copyright, defamation and distribution of offensive material, the study found. Students were ''really not aware of what the legal risks are'', said co-author Melissa de Zwart, associate professor of law at the University of Adelaide. ''Kids are taught at primary school that you don't walk into the toilet when someone is in there. Now nobody actually teaches them at any point in the classroom that posting really unpleasant photos of a friend is not appropriate; those social norms have to be learnt as well.''

Although nearly half the students were aware of some risk in using social networking sites, 28 per cent considered such sites safe and one in five felt any risk was irrelevant because social networking was ''what everyone does''. Although sites offered social and educational benefits, young people failed to understand the ''significant legal implications'' of their actions online. Many admitted posting third-party content: 26 per cent said they shared music online and 38 per cent shared videos, potentially breaking copyright laws. Less than 14 per cent were concerned about security risks such as identity theft.

Michael Henderson, a senior lecturer in education at Monash University, said students also needed to learn about the risks to reputations created by posting personal material online. The study, which will be released tomorrow, calls for ''cyber-safety'' lessons to be incorporated in school curriculums. ''Every school would have some sort of approach to social networking use, but what we are seeing is there is no concerted, clear effort across schools in this regard - partly because they don't know how to approach these issues,'' Dr Henderson said. Victorian Privacy Commissioner Helen Versey supported the call for cyber-safety education, saying young people were ''putting themselves at risk of running foul of the law''.

Former schoolteacher Mike Phillips, a co-author of the Monash study, said it was difficult to keep pace with digital technologies. His son Riley, 14, uses social networking sites such as Skype and Steam, a multiplayer games site, about five times a week. ''Even though I trust my son, it's when information gets online and falls into the hands of friends of friends that you tend to lose control - and that's a real concern,'' he said. Riley, a year 8 student, said he was careful online. ''With Skype video calls, I never show or do anything inappropriate because they could be recording and I'm very careful with my passwords because there's people out there who can hack into your account.''

Last week police charged a 17-year-old schoolboy with harassment in Sydney for allegedly hijacking a girl's Facebook page and posting an open invitation to her 16th birthday party, which drew more than 200,000 replies. The Victorian Council of School Organisations, which represents more than 500 school councils, said there was a need for a state-wide program on safe, respectful use of online networks.

[via]

Friday, 18 March 2011

The Wu master

from The Guardian by Patrick Kingsley

The internet as a model of free speech and access is coming to an end, says web expert Tim Wu

The internet is under threat. At risk is what's known as "net neutrality", or the principle of free access for each user to every online site, regardless of content. That's the view of the man who coined the above term, Tim Wu, whose new book, The Master Switch, was published yesterday. It argues the internet now runs the risk of not just political censorship – as seen in Libya and Egypt, and in the American reaction to WikiLeaks – but that of commercial censorship, too. Monopolies such as Google and Apple may soon decide to choose which parts of the internet to give us – or switch off – and in some cases have already started to do so.

"We are in a critical period for the internet," Tim Wu, the book's author, says. "What the internet is, is in flux." Wu looks, a colleague suggests, like a cleverer version of Keanu Reeves. In reality, he is a senior adviser to the Obama administration on, fittingly, the competition issues that concern internet and mobile industries. A position which, ironically, makes him a distant colleague of the officials waging war against WikiLeaks and Bradley Manning. An academic lawyer by trade – he has taught at Chicago, Columbia and Stanford – Wu has also long been a respected commentator on internet issues, and writes regularly for Slate magazine. The first to coin the term "net neutrality", Wu is sometimes mentioned in the same breath as social media experts Jay Rosen and Jeff Jarvis, internet evangelist Jay Rosen, and sceptics Evgeny Morozov, Nicholas Carr and Jaron Lanier. But unlike these six, whose work is mainly concerned with a discussion about the (de)merits of online activity, Wu's book perhaps places him in a critically different category. The Master Switch is less concerned with the rights and wrongs of the internet today, and more concerned with its long-term future.

"The internet is about 15 years into its cycle as an open medium," says Wu, "and at that moment in their cycle, most open media tend to turn to closed media." What Wu means is that the internet might be about to go the same way as the information services of the 20th century: the telephone, radio, cinema and television. "Internet is the descendant of these industries," Wu says, "a 15-year-old teenager." And if we want to know what kind of adult this teenager will become, "the clearest way is to look at its parents, and look what happened to them when they reached their 20s".

What happened, he argues, is that they went from being technologies used by lots of different individuals and companies, to ones controlled by just a few monopolies. He uses the example of AT&T, the great American telephone monopolist, "who went to the American people and said, 'We will be good, we will build the best telephone network in the world: give us the monopoly'." He points to the American film industry, and shows how it quickly was transformed from an industry that was relatively easy to enter, to one mainly controlled by a few Hollywood studios.

Wu's fear is that a similar consolidation of power may be about to happen to the internet. "When we talk about the internet," he says, "we're only talking about three or four companies . . . Amazon, Google, Apple, Facebook." These big four are so large that one or more of them could team up with a mobile network and end net neutrality (a term that Wu coined in 2003) by privileging that network's clients above all others. It's something that is already partly happening. Apple's iPhone was at first only available to AT&T customers in the US and O2 clients in the UK. And since Google teamed up with American phone firm Verizon last summer, it now at least has the option to do something similar. Wu won't comment on these deals directly, due to his position with the US government. But, he says, like AT&T in the 1910s, "Google has similarly promised the world: 'We will be a good company.' And we have essentially conferred it a dominance over the market, and over how we find our information, because we believe it will be good." However, warns Wu, "the question everyone has is whether one day Google will have its Heart of Darkness moment."

If it does, says Wu, what's at stake is the principle on which the internet was founded. At its inception, "the internet was typically a place where you could put up content without anybody's permission". But partnerships between the bigger web-related companies might squeeze out the smaller ones. Using the example of the online news industry, Wu suggests that if newspapers were to follow the example of Rupert Murdoch's new iPad-based "paper", The Daily, and "become exclusive partners with Apple, it may be easier for them to make money, but we may also end up with a media on the internet that is significantly more closed than it is now." This is because, he says, "You can imagine a future where blogs don't really have a meaningful future, because the content provided on a platform [such as Apple] doesn't create any room for anyone other than its exclusive media partners." So, Wu concludes: "The internet as a forum for speech, as a place where an individual with a talent can compete with a major newspaper – I'm suggesting that model may be passing."

But though the internet was a freer place in its younger days, I ask Wu, wasn't it only available to a privileged few? Big conglomerates may be growing ever powerful, but haven't they at least brought the internet to a much wider audience than the academics and techies of the early 90s? "It shouldn't be a trade-off," Wu replies. "There is some truth to the idea that companies are interested in consumers, and so they bring [the internet] to a broader marketplace – but it is still important to stand up for the original values of the internet." Wu sees these values "as fundamental to a free society", values that we should preserve even as the internet becomes "a mass consumption product. And I think it's possible. You don't have to throw those values out the window just because millions of people are using it."

Wu recommends protecting these values through the maintenance of something that in his book he calls the "separation principle". Just as journalists maintain "a separation of news and opinion", Wu argues, "the people who move and carry information should stay at some distance from the creators of content, because they have a natural conflict of interest." In other words, though Wu does not name names, companies such as Apple and Google should stay well away from mobile networks such as AT&T and Verizon.

He feels government and consumers have a dual responsibility to police this conflict. Legislation should prevent mergers between the carriers of internet content, and the producers of the content. Consumers should boycott any company that threatens net neutrality. Will it work? Wu is undecided. "My big question is whether, five years from now, the big four companies will be even more consolidated, with other companies mattering less and less – or whether the internet will have proved its truly radical nature, and a whole new cast of characters will have emerged . . . And I don't know the answer."

US military launches Operation Sock Puppet, pays contractor $2.76m to generate phony Facebook, Twitter psyops accounts

from Boing Boing

The Centcom contract stipulates that each fake online persona must have a convincing background, history and supporting details, and that up to 50 US-based controllers should be able to operate false identities from their workstations "without fear of being discovered by sophisticated adversaries". Centcom spokesman Commander Bill Speaks said: "The technology supports classified blogging activities on foreign-language websites to enable Centcom to counter violent extremist and enemy propaganda outside the US." He said none of the interventions would be in English, as it would be unlawful to "address US audiences" with such technology, and any English-language use of social media by Centcom was always clearly attributed. The languages in which the interventions are conducted include Arabic, Farsi, Urdu and Pashto.

Once developed, the software could allow US service personnel, working around the clock in one location, to respond to emerging online conversations with any number of co-ordinated Facebook messages, blogposts, tweets, retweets, chatroom posts and other interventions. Details of the contract suggest this location would be MacDill air force base near Tampa, Florida, home of US Special Operations Command.

Centcom's contract requires for each controller the provision of one "virtual private server" located in the United States and others appearing to be outside the US to give the impression the fake personas are real people located in different parts of the world. It also calls for "traffic mixing", blending the persona controllers' internet usage with the usage of people outside Centcom in a manner that must offer "excellent cover and powerful deniability".

The multiple persona contract is thought to have been awarded as part of a programme called Operation Earnest Voice (OEV), which was first developed in Iraq as a psychological warfare weapon against the online presence of al-Qaida supporters and others ranged against coalition forces. Since then, OEV is reported to have expanded into a $200m programme and is thought to have been used against jihadists across Pakistan, Afghanistan and the Middle East.

Read the whole article in the Guardian: "Revealed: US spy operation that manipulates social media"

Saturday, 12 March 2011

True Female Characters


In this 7-minute video, The Escapist discusses female characters in video games and how game developers could incorporate women as complex characters rather than stereotypes. It points out that the video somewhat conflates sex with gender in the discussion of biological vs. social behaviors, but it highlights the outcomes of making video games through a gendered lens (sorry about the 30-second intro ad):


Update: It seems that the original link to this video has been taken down. This is a shame because this was a really interesting article. I will try and find a copy and post it soon.

Updated update: I have found some links from other sites of the video - here they are:

Via Penny Arcade

Updated updated update:

The video appears to be back on YouTube for the moment...


Here's what they put up there.

Whether protagonists, villains, or sidekicks, female characters in games tend to be defined by just a few cultural stereotypes rather than the breadth and depth of their own human experiences.

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Earthquake turns TV networks into print

via Doc Seals Weblog

An 8.9-magnitude earthquake that struck Japan yesterday, and a tsunami is spreading, right now, across the Pacific ocean. Thus we have much news that is best consumed live and uncooked. Here’s mine, right now:

aljazeera

Not many of us carry radios in our pockets any more. Small portable TVs became passé decades ago. Smartphones, tablets and other portable Net-connected devices are now the closest things we have to universal receivers and transmitters of live news. They’re what we have in our pockets, purses and carry-bags.

The quake is coming to be called the 2011 Sendai Earthquake and Tsunami, and your best portable media to keep up with it are these:

  1. Al Jazeera English, for continuous live TV coverage (interrupted by war coverage from Libya)
  2. Twitter, for continuous brief reports and pointage to sources
  3. Wikipedia, for a continuously updated static page called 2011 Sendai Earthquake and Tsunami, with links to authoritative sources

I just looked at ABC, NBC, CBS, Fox, CNN, CBC and BBC online, and all have recorded reports. None have live coverage on the Net. They are, after all, TV networks; and all TV networks are prevented from broadcasting live on the Net, either by commercial arrangements with cable and satellite TV distributors, or by laws that exclude viewing from IP addresses outside of national boundaries.

Television has become almost entirely an entertainment system, rather than a news one. Yes, news matters to TV networks, but it’s gravy. Mostly they’re entertainment businesses that also do news. This is even true (though to a lesser degree) for CNN.

At NBC.com, you won’t find that anything newsworthy has happened. The website is a bunch of promos for TV shows. Same with CBS.com, Fox.com and ABC.com. Each has news departments, of course, which you’ll find, for example, at Foxnews.com (which is currently broken, at least for me). Like CNN and BBC, these have have many written and recorded reports, but no live coverage (that you can get outside the U.K, anyway, in the case of BBC). Thus TV on the Net is no different than print media such as the New York Times. None. Hey, the Times has video reports too.

NPR has the same problem. You don’t get live radio from them. Still, you do get live radio from nearly all its member stations. Not true for TV. Lots of TV stations have iPhone, iPad and Android apps, but none feature live network video feeds, again because the networks don’t want anything going “over the top” (of the cable system) through Net-connected devices. This is a dumb stance, in the long run, which gets much shorter with each major breaking news story.

Here’s the take-away: emergencies such as wars and earthquakes demonstrate a simple and permanent fact of media life: that the Net is the new TV and the new radio, because it has subsumed both. It would be best for both TV and radio to normalize to the Net and quit protecting their old distribution systems.

Another angle: the Live Web has finally branched off the Static Web (as I wrote about in Linux Journal, back in 2005), and is fast becoming our primary means for viewing and listening to news. To borrow a geologic metaphor, the vast tectonic plates of TV and radio are being subsumed along their leading edges by the Live Web. Thus today’s wars and earthquakes are tectonic events for media old and new. The mountain ranges and civilizations that will build up along the new margins will be on the Live Web’s plate, not the old TV, radio and print plates.

A plug… Those worried about how to pay for the change should support the VRM community’s development of EmanciPay. We believe the best consumers of media will become the best customers of media only by means that the consumers themselves control. For free media that’s worth more than nothing (as earthquake and war coverage certainly are), the pricing gun needs to be in the hands of the customer, not just the vendor (all of which have their own different ways of being paid, or no means at all). We need a single standard way that users can say “I like that and want to pay for it, and here’s how I’m going to do that.” Which is what EmanciPay proposes. The demand side needs its own ways and means, and those cannot (and should not) be provided only by the supply side, or it will continue to be fractured into a billion silos. (That number is a rough estimate of commercial sites on the Web.) More about all this in another post soon. (It’s at the front of my mind right now, because some of us will be meeting to talk about it here in Austin at SXSW.)

Meanwhile, back to your irregularly unscheduled programs.


From Doc Seals Weblog http://blogs.law.harvard.edu/doc/

Japan: text, not voice, serves as communication lifeline in quake aftermath

CNET reports on how the people of Japan are coping with overloaded (and carrier-restricted) cellphone networks, after today's catastrophic quake: they're turning to text messaging, and "social networks like Twitter, Facebook, and Mixi." The carriers are "limiting voice calls on congested networks, with NTT DoCoMo restricting up to 80 percent of voice calls, especially in Tokyo and in northeast Japan, where 30-foot tsunami waves caused extensive damage." Anecdotal tweets describe people lining up to use payphones in Japan, with some people not knowing how they work.