Digital Economy Bill – My interpretation

The Digital Economy Bill (DEB) has been suggested by a few sources on the Net. How accurate is this? Who knows, but IF the current government looses the general election how will that affect the bill? Many questions and is now to early to be second guessing?
Over the last few months Ive covered many topics on piracy. Ive tried to suggest possible alternatives although from what Ive seen the argument falls into two distinct categories, those who wish to legislate with other the top and unnecessarily complex rules/operating polices/legislation and those on the other side of the argument who seem to want a file sharing free for all in the name of freedom of data.
I would ask that people keep with me on this article and ask for one person, just one to justify the file sharing stance (ideally more). The last article on this subject had over 2000 UIP’s in the first hour of publication, so I know that people are reading it (I also see where the hits are comming from) and yet out of all the incoming hits from pro- p2p sites, not one person tried to put forward a counter. This article is yet another attempt by myself to get a better understanding about the pro-file sharing argument which I really can’t see where its coming from.
I have seen the rumoured legislation that is alleged to be passed with the Digital Economy Bill, I offer my interpretation of what is being proposed.
I would stress that none of the information I am quoting has been confirmed and would ask everyone until we get it from “the horses mouth” and its actually in place, to keep an open mind. The main question I have about any of the proposals would be the upcoming general election and how that will affect this proposal. That question IMO has yet to be answered.
Before I go any further I should clarify my stance (for those who don’t already know) I am against the sharing of copyrighted material and believe it harmful to the industry. I will make the point again later with examples but in the meantime its only fair that you understand I am writing from that viewpoint. conversely though (which will also be covered later) it is my belief that file sharing has been met with knee-jerk policy, umbrella legislation and a complete ignorance of what is practicable in the “fight”/”campaign” against piracy/file sharing. I am not for the criminalization of file sharers. I am not for the three strikes policy nor the possible massive fines your kids could pick up if they downloaded the latest track from Lady Gaga.
The Proposal
So lets start with this link: http://www.boingboing.net/2009/11/19/breaking-leaked-uk-g.html and look at the pointed proposal this site offers in respect of the DEB (digital economy bill)
The Secretary of State would get the power to create new remedies for online infringements (for example, he could create jail terms for file-sharing, or create a “three-strikes” plan that costs entire families their internet access if any member stands accused of infringement)
This in my opinion is just scare mongering on behalf of the site reporting. The secretary of state COULD instigate the death penalty for file-sharers (with the support of parliament and the removal of a few other pieces of legislation) the secretary of state COULD make file-sharers dress like chickens and run through the streets. The keyword is COULD, they COULD do a lot of things, lets wait and see what exactly they are.
The Secretary of State would get the power to create procedures to “confer rights” for the purposes of protecting rightsholders from online infringement. (for example, record labels and movie studios can be given investigative and enforcement powers that allow them to compel ISPs, libraries, companies and schools to turn over personal information about Internet users, and to order those companies to disconnect users, remove websites, block URLs, etc)
I am not quite sure which world the author of that article lives in, but under current legislation if a record label (for example) wanted to seek civil recompense in a UK court because you were sharing its material, it could simply apply for a court order demanding your ISP to hand over your details. This is nothing new and certainly not something that is being brought in with the DEB. If for example a school was allowing its students to share music, a possible suit which saw the school being held accountable would have the same effect and I would challenge you to find a school that would rather appear in court than simply block a URL. It happens all the time anyway, usually a quick email to the school concerned will have the IT dept blocking that URL.
The Secretary of State would get the power to “impose such duties, powers or functions on any person as may be specified in connection with facilitating online infringement” (for example, ISPs could be forced to spy on their users, or to have copyright lawyers examine every piece of user-generated content before it goes live; also, copyright “militias” can be formed with the power to police copyright on the web)
Again, what world has this author been living in? Read your contract/T&C of your ISP. They also reserve the right to cut you off under current legislation and have “investigatory” powers already. I am with O2 broadband, here is a quote from the current terms and conditions (14.3):
You authorise us to use and disclose, in the UK and abroad, information about you and your use of the Services including, but not limited to, how you conduct your account for the purposes of operating your account and providing you with the Services, for credit control purposes; for fraud and crime detection and prevention and the investigation and prevention of civil offences; or as required for reasons of national security or under law to our associated companies, partners or agents, any telecommunications company, debt collection agency and fraud-prevention agency or governmental agency and other users of these agencies who may use this information for the same purpose as us.
From time to time, we may (without notice to you) review, record or check your use of the Services where we are required to do so to ensure compliance with any laws or regulations or where ordered to do so by any court or other body or authority with the power to require such monitoring, and for our own internal purposes to ensure compliance with the Terms
Comments such as “its as bad as it gets” really don’t help any. Comments such as “declaration of war against free speech” are, in my opinion rather weak. Let me put this to you: Recently T-Mobile’s customer data was copied and sold on (allegedly) presumably the detractors to their being copyright legislation, support the cloning of customers personal data?
The three strikes policy (IMO) is a pointless/toothless tiger since firstly ISP’s can already disconnect you (as per terms and conditions) and secondly because the whole implementation/investigation of such a policy would be a logistical nightmare (IMO). How can you tell if an infringement has been made by little Peter, his friend or his mum and dad. If an infringement is made by person X at a different venue, who gets cut off? Who/what does the strike get recorded against? the person or the venue?
Putting that to one side though, the BBC reports a slightly less aggressive approach by policy (and until evidence to the contrary is given) then its just as valid for their view to be put forward: http://news.bbc.co.uk/1/hi/technology/8366255.stm
The plans for tackling illegal file-sharing, detailed earlier this year, will be a two-stage process. Initially the government will aim to educate consumers and, those identified as downloading illegal content, will be sent letters.
If this proves insufficient, technical measures which will include the powers to disconnect persistent pirates, will be introduced in the spring of 2011.
So until we hear the final word maybe its a little too early to second guess however exactly new legislation will manifest itself?
Looking on though, the Open Rights Group has a very detailed (and interesting) blog entry on this issue, this can be found here and it does shed a little more light on what exactly will be introduced.
They mention about a Henry VII clause which in a nutshell enables the creation of new legislation to counter or intercept new technologies. In response to that point I would add that really that clause would be expected, since there are alternatives to the BT protocol already in development (and have been covered here before) the fact that they want to prevent having to play catchup again is no surprise.
The Open Rights Group refer to the ISP’s as being “piggy in the middle” with fines for non-compliance and they say “even those they gain nothing from the process” Really? Has the ORG completely forgotten that the ISP’s make money from the customers who use their service? Nothing to gain? How long have the ISP’s used fast speeds to promote sales, whilst not appearing to be overly concerned about file sharing? I would cite Virgin Media as an exception, since it appeared on one hand to go out of its way to advertise fast speeds, yet on the other hand report/challenge file sharing. Have the Open Rights Group already checked their own ISP terms and conditions? Might they have already digitally agreed to the same already?
The ORG makes reference to “copyright holders shouldn’t act as cops” to which I agree, although the majority of fines etc that have come about as a result of a user sharing are civil cases and theres an important distinction between civil and criminal. I would certainly hope copyright holders do not act as cops in a criminal case, but in civil cases I think they are well within their right to police their own material. Any fines enforced will have to undergo due process anyway since without being backed up by a court they are worthless IMHO.

All aboard me hearties! The penalties that COULD be brought in with regards to piracy are IMO over exaggerated....lets wait and see.
The law as it stands – Goblin’s interpretation
I have to say this before I continue. This piece is relevant to UK law and is my opinion. It is always best practice to seek your own independent legal advice if you should find yourself in breach or summoned for anything talked about below. I would not suggest that my opinions are anything more than that and would welcome a challenge/correction to any of the interpretations I have made.
In my opinion there has been a mass mis-interpretation of the laws surrounding copyright, its civil consequences and/or criminal. This misunderstanding I believe is on both sides. Firstly on behalf of the government where they, IMO fail to consider the consequences tackling the issue at a customer level with such a heavy hand and also on behalf of the user, where they seem to read a piece of legislation and run screaming “war on freedom of speech” and such like.
I have repeatedly said (and apparently it hasn’t sunk in) that in respect of criminal law (forgoing any issues of indecent material etc) there is no remit within UK criminal law for the mere act of downloading copyrighted material. The issues can arise when users share. If you think about it for a minute, most of us engage in something similar to downloading copyrighted material every day, when you record coronation street, or Back to the Future 3 off TV to watch later. Now correct me if Im wrong, you don’t own the IP rights to either, yet you are storing it on a medium for later use. Just because the material is on TV makes it no more or less “copyright” than say Harry Potter 20 that hasn’t been released in the cinema yet.
Now applying a mere download to a civil case, if you haven’t shared material, its likely a case could only hold you accountable for the cost of that product (if at all) now tell me, is Warner Bros going to take you court for the price of one copy of Harry Potter? I shouldn’t think so.
This is why I said before that the legislation as it stands is wholly inappropriate to tackle the downloading of copyrighted material. Sure P2P could be “outlawed” or “policed” but when no sharing is involved what happens to the Newsgroup Binaries? The original source may be held to task for putting it on the server, but what could be done about the downloaders? I’d suggest nothing. Same goes for IRC. Since the “share” only occurs with the person sharing the data, all the downloaders would not be covered under legislation since they are not sharing anything.
Currently, unless Im mistaken Copyright “rights” include adapting, distributing (either electronically or via other means) selling, renting etc. Where are the “rights” for a downloader from a .binaries?
Compulsory licensing of ISP’s
The “answer” that I have suggested previously, takes away the nightmare of investigation, takes away the criminality/restriction on the user and makes the ISP’s directly responsible. I would like to see a system where ISP’s are licensed in a similar fashion to a public house/liquor license. Ask yourself this, if a pub is repeatedly causing problems because of its customers, is it not the landlord/landlady who is ultimately looked to to provide a solution/resolution? Things like the restriction of sale of alcohol (which by the way its an offense to sell liquor to a drunk person) upping of age limits, earlier closing time. If a landlord/landlady cannot show they have taken reasonable steps to tackle the issue they can lose their license.
As anyone who has looked at a BT swarm, the harvesting of IP’s is rather simple. But by holding the ISP, not the user responsible then it would be far easier for anyone with an interest in the material to solve the issue.
An ISP could easily block all the known BT sites (both private and public) and this would eliminate a massive amount of file sharing overnight, simply because I don’t think the vast majority of BT users would have the first clue in how to circumvent that (and maybe explains why IRC/NG’s never saw mainstream popularity as their operation is more complex than BT or similar)
This is where I see the problem occurring. Providing that legislation is not passed that either adds to or changes the copyright theft Act then I fail to see what could but done if these “remedies” cause a mass migration to IRC or NG binaries, this is the problem. In my opinion the entertainment industry and the government have neglected the technological implications on the industry to a point where now they a desperately trying to play catchup with over the top legislation.
The answer to this needs to be kept simple. ISP self regulation by licensing is, in my opinion far more of a simple solution that prevents the end user from being cut off the internet, the subject of an incomplete or incorrect investigation and maybe more importantly criminalization.
Counters/arguments/reasons?
Since a pro-file sharing opinion has never really been represented here by any reader, I will put some of the comments which I have seen used to justify file-sharing.
1. “A survey showed that file sharers spend more on music than those that don’t file share.” – Lets say for one minute that we believe a survey where the respondents that file share are actually telling the truth and not just saying it in order to further the pro-sharing cause, how can they answer for the people who they share material to? This counter is, in my opinion unprovable since its like trying to measure the amount of crime a CCTV camera has prevented. Its impossible.
2. “Data should be free for everyone, you cannot “steal” data”. In respect of “steal” its maybe a bad choice of words. Theft according to Sec(1) of the Theft act states – To dishonestly appropriate property belonging to the other with the intention of depriving the other of it. Since the data is not being “taken” more duplicated, I’d suggest that in respect of file sharing “theft” is a bad choice of words. Maybe a “loss of revenue” type offence wording would be more relevant? In respect of the free data for everyone, I ask file-sharers to comment on the duplication of personal data from the recent news report of T-Mobile. Should that data be free too? If all data should be free then surely it applies to ANY data?
3. “Companies make enough money as it is, they shouldn’t complain”. - In respect of titles such as Harry Potter, I don’t think it can be argued about the massive revenues it generates even with file sharing, but thats not really the point as you can’t put all file-sharing under the same umbrella. What about the bedroom coder who releases software to make a little money for him/herself? should their work be distributed? I would like to cite an example here “Crayon Physics” is a game made by a chap who is not a mult-national company. I don’t suppose he has a private jet or holds shareholders meetings, yet even though his work is sold for a small sum, it is still distributed on a massive scale on BT trackers. Are file sharers saying “Its ok to file share that which we deem has made enough money”? – I’d suggest not, and if you want to justify file-sharing its either all or nothing.
4. “Blocking sites is an attack on free speech, its a breach of human rights!” - Unless I am grossly mistaken the Human Rights Act is secondary to the law of the land. Like it or not blocking sites needs to happen and we cannot live in a society without censorship (IMO). For those thinking that there should be no blocking/censorship I would ask your opinions on a site displaying indecent material. Should users be allowed to see that under the umbrella of free speech? What about sites promoting hate about faith/sexuality? should we really have those too? I’d hope the majority of people would agree with me when I say that racism/sexism/homophobia should be removed as should anything which falls under the banner of indecent.
These are just some of the counters Ive read by people trying to justify their actions. If you have any more, I’d really like to hear them.
Finally…
I sometimes wonder about the society we live in. File sharing after all is the sharing of material such as games/music/film which really at the end of the day is not critical to our daily survival. I would agree that the pricing can be high but then as an adult if I believe something is too expensive for what it is I either don’t buy it or wait until it is reduced. A good example was a recent film. When it was released on DVD I considered it far too much money, so I merely waited until Blockbuster offered it ex-rental and bought it for a significantly reduced price. If people disagree with pricing, why can’t they simply wait? Are movies/music/games that important in their lives that they must have it now and preferably for free? I can understand this of a young person, but an adult (which apparently accounts for much of the file sharing community) really?
Sources of further information
http://www.boingboing.net/2009/11/20/britains-new-interne.html
http://news.bbc.co.uk/1/hi/technology/8366255.stm
http://www.boingboing.net/2009/11/19/breaking-leaked-uk-g.html
http://torrentfreak.com/european-commission-no-3-strikes-without-judicial-oversight-091124/
http://www.openrightsgroup.org/blog
Goblin – bytes4free@googlemail.com
Microsoft -”Do it our way, or not at all”?
It is being reported on the net that Datel Design has filed an anti-trust lawsuit in San-Francisco federal court against Microsoft. The reason behind this move? Because its alleged that a recent update caused 3rd party memory packs (namely Datels) to become incompatible.
Of course since the memory packs don’t come from Microsoft, it appears they can be bought cheaper and makes one wonder if the distasteful practice of the user saving money has caused Microsoft to switch them off? Id say no, its more likely that Microsoft just wants you to “do it their way, or not at all” (IMO)
In respect of the Datel Card compared to the official Microsoft one, Datel had this say:
The Microsoft memory card does exactly the same thing – with the difference that it offers only one-quarter the memory while listing for the same retail price…
Datel go on to say:
Antitrust law protects the right of consumers to choose. Just as a car manufacturer can’t require a buyer to purchase tires for the life of the car from the manufacturer, Microsoft cannot force consumers to buy accessories only from it. Free competition in the marketplace allows consumers the most choices at the best prices. Datel believes that its antitrust lawsuit will restore competition and permit consumers to enjoy the benefits of their Max Memory cards, as well as the many other innovative products Datel has in the pipeline…
“Microsoft cannot force consumers to buy accessories only from it”? – In my opinion, I wouldn’t count on it.
For those people “lucky” enough to have an Xbox 360, the following music video may bring back some happy memories.
Further reading
http://www.escapistmagazine.com
Goblin – bytes4free@googlemail.com
Microsoft shareholders meeting – “you all look like a buffoon”

Its Apple products that their kids want says one shareholder and Microsoft is seen as the "evil empire"? Now, I wonder what past actions have caused Microsoft to get such a bad image?
Here for your enjoyment are the best bits of the Microsoft annual shareholders meeting 19/11/2009. If you wish, you can download the complete document for yourselves here.
Before we delve a little into that, lets consider what opinions on the net are saying about some Microsoft technologies, we are seeing Zune making attempts to dethrone the household name of Ipod, we see Bing foraging in the scraps left from Googles dinner table (IMO) and we see Windows 7 being presented by some as being great because…..”its better than Vista”
I’ve often said that Microsoft has its fingers in too many pies and instead of being able to concentrate on making a few world class products it has become “jack of all trades, master of none” (IMO) The sheer size of the corporate slug Microsoft means in my opinion that its revenue stream just cannot support all the employee’s, schemes and innovations that it currently has. To me Microsoft is well aware of its bad image and that’s why I think we see Microsoft selling parts of its patent portfolio in the hope of attacking its competitors by proxy.
So now we move onto the shareholders meeting.
It certainly makes interesting reading and for me asks the question “how focused and organized are Microsoft?” Read the answers that Steve Ballmer gives to some of the questioned put to him. Do they sound like the answers of a well crafted plan or an attempt to merely defend the company? I’ll let you answer that yourselves.
So whilst Microsoft tries to become trendy (IMO) it again seems to miss the mark when even its shareholders can’t convince their own children that Microsoft products are the ones they want and it seems that Apple gets the prize with them for producing the tech which is used.
I don’t really think this shareholders comment will come as a surprise to anyone.
All four of my kids in undergraduate got Macs. When they went on to graduate school, they all got Macs. They claim that 65 percent of college students have Macs. They claim that Microsoft, the evil empire, is stodgy on the current ad that Apple has, you all look like a buffoon.
If Microsoft are not aware of the stiff competition it appears in my opinion that atleast its shareholders are:
Just a really short question. I’m a rather new shareholder and I would like to know why Microsoft can’t beat, together with Nokia, Apple iPhone, and Google’s Android. What are you going to do about it?
and if I was present at that meeting representing Microsoft, I’d shout proudly “Zune and Bing!” and possibly “Oh yeah and Winmob. I know we messed up last time, but dig deep and give us another go!” – Yep that ought to pacify the shareholders!?!?
Its coincidence in the last article I covered Bill Gates and his comment about people “stealing” Microsoft products and working out how to get a return later, lets look at that comment again (said in the early 90’s)
Although about 3 million computers get sold every year in China, but people don’t pay for the software,” he said. “Someday they will, though. As long as they are going to steal it, we want them to steal ours. They’ll get sort of addicted, and then we’ll somehow figure out how to collect sometime in the next decade.
and now Steve Ballmer 2009 at the shareholders meeting:
…I think we feel very good about our position. Whether we prevail or not, we’re going through the legal process in China…..
So, there’s a lot of work to be done on intellectual property protection in China. We both want to be at the forefront of doing that well ourselves. And we expect to see our own intellectual property much better protected in China. That is very important to us.
It sure seems time to pay the reaper.
So with Microsoft shareholders even making comments like evil empire and buffoon. Has Microsoft still got “the right stuff” to last as the biggest player in the IT world? Whilst in my opinion Microsoft is trying to cash in with old concepts that have already established a customer base (Zune/Bing) whilst also trying to convince people that they’ve got it wrong about Vista, Windows 7 is great and XP is only supported with security updates, one has to wonder if in fact the comment Mr Ballmer made about Google being a “house of cards” is more relevant to Microsoft?
Mr Ballmer says at this meeting,
And we are excited to be bringing our cloud computing platform to market with Windows Azure and SQL Azure, which we announced this week, will be available commercially by the first of next year.
which is strange because Andre Da Costa seems to imply that we are far away from a cloud computing future. Having said that, if Andre has seen the comments where Mr Ballmer calls Google a house of cards, maybe Andre holds no worth in what Mr Ballmer has to say.
But wait….it does get better!?!?!
Of course theres “great” news which wasn’t mentioned at this meeting and I would suggest that maybe you don’t get too comfortable with Windows 7….Why? because according to the Microsoft road map (and this article) Windows 8 is on its way for 2012! So enjoy Windows 7 and get ready to buy into Windows 8 in just over 2 years…remember, “its always better the next time”.
Goblin – bytes4free@googlemail.com
News roundup 22/11/09
File sharers gone Gaga?
Its being reported on Torrentfreak that after a million plays on Spotify, Lady Gaga received just $167. Of course many file sharers seem to believe that in some way this justifies file sharing and one of the common arguments in the justification of file sharing is that it gives artists/companies publicity. So how much did Lady Gaga make from being distributed via P2P? If the argument is that all the sharing is good for publicity and brand recognition and the file sharer has this is mind when they try to “help”[1] why don’t they simply leave sites like Spotify to create the publicity instead?
I think we know the answer to that one and yet again, in my opinion is a weak argument for justifying file sharing (if indeed that one is to be cited by them)
I am still waiting for a file sharer of the “data should be free” ilk who would like to comment on if the T-Mobile story is ok in their books, afterall its only data…..
Of course there are those who believe in some sort of music revolution/uprising, although how the money required to pay all the people involved is to be raised is anyones guess. Here’s what one user had to say:
It’s only a matter of time before the underground record labels free your hostage musicians and take back the music. There’s no way back; bide your time.
but before we all get too excited by this brave new world….he then goes on to say:
Also, I’m drunk, so you know I speak the truth.
This is the sort of level we are talking about. There is no argument in my opinion for justifying file sharing. The flaming, vulgarity and libelous remarks of some of those that support it prove that in my opinion.
Massive lawsuit for Microsoft?
It was recently reported that Microsoft conducted a switch off of around 600,000 Xbox 360’s which were modified/chipped. Now whilst that on the surface may seem like a blow against piracy, there are others with different ideas and offer a more sinister reason for Microsoft’s switch-off.
Abington IP, a firm who specialises in “intellectual property law & consumer class actions” have said (on their site):
If you are an Xbox Live subscriber, had your modified Xbox console banned from Xbox Live, were not refunded a prorated sum for the time left on your subscription or have experienced other problems as a result of being banned, and would like to participate in a class action against Microsoft, please submit your information…..
they also say:
Microsoft has chosen to use one of the most indiscriminate “weapons” in its arsenal in an effort to combat piracy — as a result, use of this “weapon” has resulted in a great deal of collateral damage — many people were affected who had nothing to do with piracy. Furthermore, Xbox console functions that have nothing to do with piracy were also affected or disabled. Details aside, Microsoft’s bans could (and should) have been more measured.
So this news may come as another concern for Microsoft, who saw the Xbox360 slammed on the net for the “three rings of death” and the amount of returns that resulted in faulty units.
There may be a more sinister reason for the Microsoft switch off that I would like you to consider. Picture the scene, you have the release of one of the biggest titles of the day, Call of Duty Modern Warfare (apparently smashing all records in Hollywood) and you have the Xbox 360 and its users who have modded the console…now what would happen if you turn their facility off to play the aforementioned blockbuster title? Could it be suggested that users would go out and buy another 360? I’ll let you decide, but it could be argued that “every little helps” when the next set of quarterly figures from Microsoft get released.
If Microsoft are claiming that this switch-off is some strike against piracy, let me remind you of what Bill Gates said about that subject:
As long as they are going to steal it, we want them to steal ours. They’ll get sort of addicted, and then we’ll somehow figure out how to collect sometime in the next decade.
So in my opinion Microsoft are the last ones to talk about piracy. I wonder if this switch-off is an attempt at “collecting”?
Microsoft scared by Google?
I touched on this in a previous article here, however it does seem that Andre Da Costa [2] echo’s Microsoft fears. It is being reported that Microsoft has made the following statement in respect of GoogleOS:
From our perspective, however, our customers are already voicing their approval of the way Windows 7 just works across the Web and on the desktop, and on all sizes and types of PCs purchasing twice as many units of Windows as we’ve sold of any other operating system over a comparable time.
Of which I would suggest, that when XP was sold there were fewer users than there are today (social media and the net has been responsible for the massive interest in computing by many, which was not at the levels then as it is now) I would also say that people read the reports of Vista being a pig and were put off buying it. I don’t think its surprising information that more copies of Windows 7 would be sold. Of course, Microsoft use the words “from our perspective” – and we all remember where Microsoft perspective leads don’t we? Wasnt it Steve Ballmer who said they got the wrong impression from early feedback of Vista?
I think Microsoft needs to be very careful of their perspective. You can read all about Mr Ballmer [3] “getting the wrong end of the stick” over at Bloomberg http://www.bloomberg.com/apps/news?pid=20601109&sid=axIIsgv3cQIc
The original Openbytes article is found here and I wonder if Microsoft comments were what Andre was referring to.
Notes
[1] – Helping often involves the file sharer downloading material that under normal circumstances would cost them money. God bless, them they are really modern day martyrs!?!?!
[2] Andre Da Costa has admitted to nymshifting on CNET with the name Mr DEE. Both him and “Mr DEE” promote Microsoft technologies. Whilst its not believed (by me) that he is directly employed by Microsoft, a visiting Wintroll here (Richard) implied he was in his last comment.
[3] Of course Mr Ballmer has no similarity with Lord Vader. Mr Ballmer has to throw chairs, Lord Vader can lift them with the power of the force. http://www.theregister.co.uk/2005/09/05/chair_chucking/
Goblin – bytes4free@googlemail.com
T-Mobile it’s data & what do file sharers think?

"They've been naughty boys haven't they Mr Flibble?" T-Mobile employee's sell personal information. I wonder what filesharers and their ethos of "free data" make of that? Anyone believe they would tackle that question?
Is £5000 a deterrent?

"They've been naughty boys haven't they Mr Flibble?" T-Mobile employee's sell personal information. I wonder what filesharers and their ethos of "free data" make of that? Anyone believe they would tackle that question?
Its been well reported in the last week about the personal data that T-Mobile has alleged to have lost control over and subsequently it appears that some unscrupulous employee’s have sold that data on. The worth of that data being that rival companies could use it to sell new subscriptions when a customer is coming to the end of their contract. It is now rumoured that in fact this is not current news as its been going on for over a year. It does seem to ring true. I have been a customer of T-Mobile and I have had many individuals ringing me up to offer me a new contract using many different tactics (as my current contract comes to an end) You may be wondering why I am going with this article, but I think it makes an interesting point about copyright and IP.
A couple of important points to note here though. Firstly the fine for an offense under the Data Protection Act will be around £5000, pretty small fry compared to the potential worth of the information. Secondly, T-Mobile does not know how many of their customers have left because of this leaked information and finally (and maybe most important of all) whilst the information of the customer has been sold to rivals, who else has it been sold to and whats their purpose?
One member of staff at T-Mobile has already been sacked, but it does ask the question how many other companies are yet to discover that an unscrupulous employee has sold their data?
The information commissioner (Christopher Grahame) said:
Many people will have wondered why and how they are being contacted by someone they do not know just before their existing phone contract is about to expire. We are considering the evidence with a view to prosecuting those responsible and I am keen to go much further and close down the entire unlawful industry in personal data. But, we will only be able to do this if blaggers and others who trade in personal data face the threat of a prison sentence.
One wonders where the deterrent is for this type of action. It was reported on a local radio feature, that a recent raid on a business that engaged in this type of practice, had officials posed with the question (by the owner) “Would you like me to write the check out now?”
P2P copyright infringement – “Do as I say, not as I do”?
So now we come to the main point of my article. Ive made many references to the site Torrentfreak, I asked the question of copyright infringement to be justified by any of its users and to date have received no responses. I know that they visit as I see the referrals coming into the site.
Have a look at some of the comments on Torrentfreak. It seems that file sharers believe that there is no problem with sharing data because, its just data (please correct me if I’m wrong) They see no problem with the sharing of movies, videos or other media, but they seem mysteriously silent on the T-mobile issue. If file sharers believe that all data should be shared, then surely they should have no problems with the personal data being shared with other companies? Please, if you are a file sharer put your opinion on that one.
Let me quote “The Hacker Ethic” found here.
….A free exchange of information, particularly when the information was in the form of a computer program, allows for greater overall creativity.
I’ll let you decide what the average file sharer believes.
Goblin – bytes4free@googlemail.com
Google Chrome OS – Built on Linux!
Information released!
After much speculation (and a few faked screenshots) it appears we finally have word from Google as to what & when.
Google Chrome OS is an open source, lightweight operating system that will initially be targeted at netbooks. Later this year we will open-source its code, and netbooks running Google Chrome OS will be available for consumers in the second half of 2010. Because we’re already talking to partners about the project, and we’ll soon be working with the open source community, we wanted to share our vision now so everyone understands what we are trying to achieve. Source: Googleblog
There can be little doubt that after the success of its search engine and the popularity of its other services that Google pretty much knows its customers. In my opinion Google has what some other companies do not and that is honest champions/advocates of their services/products. How many people have you heard complain about Google in the average computing environment?
Ever since the news broke of the Google OS we’ve had many thinkers regarding it. We see the frightened (Wintrolls in comp.alt.linux.advocacy) the over enthusiastic (the promoters of fake screenshots) and the “lets wait and see”. Now we get further details.
It is being reported that the Google OS (which is browser based) will offer most of its services online and the user having their data stored on Google servers. There’s been much debate about this (and surrounding topics) and the Do you trust your data to be stored in the cloud? is probably one of the issues that will come out of this eventual release.
Speed, simplicity and security are the key aspects of Google Chrome OS. We’re designing the OS to be fast and lightweight, to start up and get you onto the web in a few seconds. The user interface is minimal to stay out of your way, and most of the user experience takes place on the web. Source: Googleblog
Users of Chrome OS will reportedly not have to worry about updating their software and having other advantages, one being a 7 second boot time (allegedly) IMO there really is much to look forward to when the finished product hits the shelves. The OS itself is apparently going to be free, with Google working with manufacturers to further provide a better integration between their software and hardware.
Chrome OS is reported to be its own Windowing system on top on a Linux kernel and I think shows yet again that worth of Linux and its community. I have documented my use of Chromium since its early builds and I must say that the layout (providing it resembles the OS) is intuitive, friendly and quick.
Google also made this statement:
We hear a lot from our users and their message is clear — computers need to get better.
and in my opinion its a shame Microsoft didn’t listen to that message (IMO).
The Chrome OS is aimed at Netbooks and whilst we are on the subject of Netbooks earlier in the year Windows 7 for the netbook, hardly got the glowing praise with Tomshardware.com noting that Windows 7 took 2.5 hours off your battery life and benchmark tests between 7 and XP showed XP outperforming 7 in most tests. Is that what Microsoft wants to hear when its trying to get in with 7 on the netbook?
So whilst there has been more information released it still leaves many questions unanswered. Will Chrome support Silverlight? (or does anyone care?) What about drivers for existing and new hardware? Is Google considering its OS for anything other than Netbooks?
Lets remember what Mr Ballmer CEO of Microsoft had to say about Google (allegedly)
Google’s not a real company. It’s a house of cards.
Source: Techcrunch
Try not to be too hard on him though. His “teacher” (IMO) Bill Gates said in the 90’s:
The Internet? We are not interested in it
and another alleged comment that Bill Gates made (which may ring some bells with Windows users)
If you can’t make it good, at least make it look good.
Source: http://www.quotesandsayings.com/quotes/bill-gates/ (and theres many more Gates crackers there too)
Microsoft scared?
To ask if Microsoft is scared is wrong. Microsoft is not a person. Detractors to Linux make many claims, they would like you to believe its a hobbyist platform. They would like you to believe its difficult to use. They would like you to believe that it won’t be compatible with your hardware. I would put money on similar being said about Chrome OS.
I think Google’s move to produce this software shows an attitude change in the average computer user. We no longer need to rely on Microsoft to get jobs done in my opinion and there are many alternatives to Microsoft products, either proprietary or indeed FOSS.
The BBC seem to think the Chrome OS will have an impact on the market:
….could dramatically change the market for operating systems, especially for Microsoft…
It certainly will be interesting next year. Bring on Chrome OS!
Sources
http://news.bbc.co.uk/1/hi/technology/8369611.stm
http://googleblog.blogspot.com/2009/07/introducing-google-chrome-os.html
http://technologizer.com/2009/11/19/chrome-os/
Goblin – bytes4free@googlemail.com
Zune coming to the UK! Lets have a party!
As long as its not a new year one!
New year will be remembered by some as a bit of a flop. Thats if they were relying on a Zune to provide the entertainment for their festivities since it was well documented that some Zunes epic fail over the new year was something that Microsoft is no stranger to, that being a bug.
For those that even knew what a Zune was, we were safe in the knowledge that it had only been inflicted on the US market and whilst Microsoft was dabbling in yet another area of the tech market, the Ipod was gathering pace in the UK. Of course the Zune brand is more than a piece of hardware and Microsoft is wanting to bring that brand to your TV, Mobile and anything else it lays it grubby little protuberances on (IMO).
Now it seems Microsoft want a part of that market. Though since its Microsoft IMO it wants it all…”Do it our way or not at all” and the Zune and its associated product line is the answer.?!?
Of course Microsoft doesn’t seem to understand that the tech behind the Ipod wasn’t the only thing that sold it, it was also (rightly or wrongly) the brand image of Apple. From what Ive seen, its hardly the same to have a Microsoft piece of hardware in your pocket as it is an Apple Ipod and it appears even the legendary MS faithful Andre Da Costa is in love with his Ipod, where he says:
Came back from gathering early in the evening, I was so amazed how the iPod Touch can be such a lengthy conversation piece
or
…I am in love with my iPod Touch…
and he’s been banging on about various Ipod related topics ever since. Lets hope he paid for the Ipod and its not another laptop example…(Andre since you’ve commented here and read the blog, maybe you would like to clear that up?)
The same cannot be said for the Zune (IMO) and if here in the UK its image that sold the Ipod, what will happen to the young person who turns up at school with Microsoft’s offering? Mind you could the Zune be a crime prevention tool? Carry a Zune and you won’t get robbed?
Of course Microsoft is looking forward to bringing Zune to its other platforms and maybe highlights what I said in a previous article about “theres always something to buy and always someone who wants to sell it to you”. Microsoft are alleged to have said:
Tapping into the Xbox community is great for us, and hopefully can add to our 35 million users
Although they won’t be “tapping in” to the customers they recently switched off live and they won’t be tapping into the customer who were plagued with the “red rings of death” problem and left for the greener pastures of a PS3 or WII.
Lets have a look at some of the comments on Zune and all look forward to its “UK invasion”:
…the Zune gave me more problems. But being a good sport I stuck with it. But it would constantly freeze, the software eventually wouldn’t work on my computer…
http://www.consumeraffairs.com/computers/microsoft_zune_p3.html
and moving on heres an unhappy parent who had a bad purchase of Zune:
Subsequently I bought my daugther an Apple Itouch but I don”t think it will ever erase my memory of her tears and disappointment
http://www.complaintsboard.com/complaints/microsoftzune-c149569.html
theres a forum thread where one unhappy user wants Zune issues to be listed:
the software sucks ass, one time it can sync my videos. When i delete it and try again. It doesn’t work
http://www.zunescene.mobi/forums/index.php?topic=35149.msg420970
but lets save the best (or the funniest) for last:
Its the weirdest thing, but the squircle (the touchpad interface) on my zune 80 is just slightly misaligned. Its a little bit off being parallel with the bottom of the player and the screen, it took me a few days to even notice. Its like a really hot girl with a pimple right in the middle of her forehead,
and its seems the quality of the build is not limited to one “lucky” user:
The squirkle on my Zune 80 is crooked and not aligned either.
We all know about the build issues of some 360’s, so this to me comes as no surprise. You can visit that forum here.
The complaints of the Zune are well documented on the net, although thats of little consequence since Zune has failed (IMO) to grasp the interest of the mainstream US market. Its reported from earlier this year here that whilst Apple continues to shift their product at around 250,000 units per day, Zune has about 3.2 million total unit sales. Readers of Microsoft-Watch may remember that roughly this time last year a reader was reporting seeing the Zune in his local stores “bargain bin” whilst Apples offering were locked behind the counter to prevent theft.
Microsoft are alleged to have said:
The strategy and vision of Zune is to continue to build out that full entertainment experience…
and anyone with access to a search engine can find out exactly what that “full entertainment experience” really is.
You can read more about the Zune here: http://www.techradar.com/news/portable-devices/microsoft-zune-finally-arrives-in-the-uk-650913
Goblin – bytes4free@googlemail.com
Ubuntu Karmic is the venue for Gnome V KDE!

Karmic Gnome V KDE. Who will win? One things for sure, theres a few things you need to know about the Koala, see the end of this article for more info!
Ladies and gentlemen! In the blue corner weighing in at 9.10 is KDE and in the red corner also weighing in at 9.10 is Gnome..”For the thousands in attendance and the millions watching around the world..lets get ready to rrrrrrrumble!”
I am going to keep this article short(ish) since there have already been many reviews of both DE’s and this is more for a side by side to either strengthen my case for moving to KDE or infact having me returning back to a DE that has always been there for me…Gnome!!!
I reviewed Kubuntu 9.10 a short while ago and it was due to me commenting on completing a migration away from Gnome that prompted another user to question my reasoning. Of course I had my own good reasons, KDE felt smoother, looked more polished and the graphical glitches seemed to be ironed out in the version packaged with 9.10.
Having said that I started to question how realistic that impression was since I had never compared Gnome on a like for like basis.
Being a massive supporter of Xfce and a follower of Fluxbox et al, the only rig previously to have had Gnome (for any extended period of time) on it was a heavily mod’ed Ubuntu 8.04 which I had loving called DeepRed (which itself was derived from the somewhat controversial Ubuntu Satanic Edition.
So with Kubuntu 9.10 already having a permanent place on one of my rigs (and a very strong possibility of getting onto a few more), I thought I would give it the head to head treatment with the Gnome version of the same title. Theres always been some snobbery around Linux distro’s and it seems that some people go out of their way to use a “l337″ distro. Is that really necessary? We all know how to install Nvidia drivers regardless of the distro and if you don’t its nothing more complicated than a quick Google and a few copy and paste commands. I like to compile my software but then theres one hell of a time saving by using Software Center for example. This is where Ubuntu has always really shone for me, it provides quick setup time and as with any distro, the scope for those who have used Linux for a while to “fiddle”. Having said that my main rig is Wolvix!
INSTALLATION
Both Gnome and KDE offer a pretty simple installation process, which offered no issues on either rig I used. Ive already been into the install process for KDE and you can see that review here.
Both installs took roughly the same time, that being about 25mins a piece (thats not scientific) Hardware was recognised by both without difficulty. The proprietary drivers had to be installed separately (obviously) but there was no flaws and the problem I experienced with Mandriva 2010 (which I documented on Twitter recently) of 1280 x 800 not being allowed (despite it claiming otherwise) was not present with Gnome and Karmic. Please don’t try to offer me advice on that issue, I did attempt in the end to try and sort it and couldn’t. I commented that Gnome and Mandriva offered me more work than a fresh Gentoo install! Having said that, this is about Gnome V KDE with 9.10 so I will move on.
In the first round of install/hardware compat, it was a draw between the two.
SPEED/OPERATION
Despite not being up to the speed of my beloved Wolvix, both performed very well and considering at the present time I am also using Windows 7 for a later review, it makes you appreciate how great a Linux platform is when you can get the same performance and eye candy with a 4 year old machine running the latest distro as you can with Windows 7 on the latest top of the range specs. I digress, the Windows 7 article is for another day.
In terms of FPS both are almost identical and without a scientific means of measuring, I am going to say that they both draw here too.
CONCLUSIONS
I’ll start with what I don’t like about KDE, I really don’t like the toolbar that pops out when an icon or widget has focus. It looks a mess. Having said that KDE is natively more pretty than Gnome and although KDE does put me in mind of a Vista past I’d rather forget, its smooth and you can’t fault it. Looking at Gnome, Ive always loved the default panel at the top and bottom. It makes sense for me and feels natural, bottom for the open programs/windows and top for my shortcuts. KDE’s default panel does not feel as good so Id say Gnome has the upperhand here.
Comparing KPackageKit to Software Center is a no contest, I think Software Center is not only far more user friendly, but I love the layout and preview screens to get a good idea of what you are about to download.
Its not all good news for Gnome 2.28.1 though as Ubuntu did introduce something which Ive never experienced before (and something which was not an issue with the KDE version) Sound gliches….there was a noticeable pop when sound was initialized in order to play and what a pop too! Ive read many detractors write about Ubuntu sound issues and this was the first one Ive ever experienced. The problem was simple to fix:
1. sudo gedit /etc/modprobe.d/alsa-base.conf
2. options snd-hda-intel power_save=0 power_save_controller=N
Then simply reset your rig. This solution worked for me and was very simple, however since Ubuntu is aimed towards the new user (and particularly the migrating Windows user) is this really what a Linux “newbie” is going to feel comfortable doing? Of course this is not a global issue, so I assume its rig dependent. The other issue I had with Ubuntu 9.10 is that changing the DNS server is not as straightforward as it was in 8.04. In 8.04 it was literally a 2 second job, 9.10? Nope! Trying to change it through the DE was just not playing nicely and it required a quick modification to /etc/resolv.conf in order to get the little blighter using a DNS server other than the godawful (IMO) o2 one.
Ive made no secret Ive been following the Chromium project since the early builds and Im happy to say it plays nicely with both DE’s of Ubuntu 9.10.
After all said and done (and its taken me about 2 hours to get my 9.10 rig to roughly what I want) I am swayed more towards the Gnome version of Karmic. Looking at both screens side by side, I feel far more at home with a Gnome DE and that is reinforced when I remember “theres a K for everything” in KDE (I cite Kscreensaver NOT being installed as default as a good example) Providing I am not misguided into believing the popping issue is relatively on a small scale, I think Gnome DE is the better version. I am a little disappointed that Karmic installed with a few issues with Gnome and I would hope these are ironed out shortly.
The preview on the taskbar of running programs is a feature heralded by Microsoft supporters as if its the greatest thing since the microchip. This is available in Gnome and performs in the same way as a Windows counterpart, its not amazing, but it certainly doesn’t take anywhere near the specs that Windows 7 does (IMO) to get it running smoothly. – Just thought Id add that in if you are considering a Linux option rather than a Windows 7 purchase.
WARNING
Whilst they may look cute Koalas can be quite dangerous!
….will drop from the branches onto the shoulders of bushwalkers below, and proceed to claw and bite. There has been the occasional fatality caused by a jugular being punctured but usually the victim suffers nothing more than a nasty shock and a couple of scratches. Source: Convictcreations.com
Goblin – bytes4free@googlemail.com
NEWS ROUNDUP 13/11/09
MICROSOFT’S FRIDAY 13th? GOOGLE’S OS OUT IN A WEEK (ALLEGEDLY)
Friday 13th might only be an unlucky day through superstition, however it may be more real for Microsoft. It is being rumoured that the eagerly awaited Google OS is going to be released in the coming week.
A more comprehensive article (and the source of the reports) can be found at:
http://www.techcrunch.com/2009/11/13/google-chrome-os-to-launch-within-a-week/
I bet this is one Friday the 13th Steve Ballmer will remember (if the rumour comes to fruition) and whilst on the subject of Steve Ballmer, lets remember an alleged remark he made in the past (in reference to Eric Schmidt leaving Microsoft for Google:
F##king Eric Schmidt is a f##king p#ssy. I’m going to f##king bury that guy, I have done it before, and I will do it again. I’m going to f##king kill Google.
You can see an article on that particular tirade here: http://battellemedia.com/archives/001835.php
ONLINE BANKRUPTCY ORDERS
Whilst the rest of the world is reporting leaving the recession, it appears the UK still has its issues. That adds to the depressing figures of 2.46 million unemployed. 2000 CCJ’s in the first few months of the year and it seems that whilst the rest of the world are celebrating, the UK is lagging behind.
It is being reported that the government is proposing to give people wishing to file for bankruptcy the ability to do it online. This proposal would remove the cost, which is intimidating, time consuming and costly. Its hoped that decisions will be made within days rather than months with the new system.
Should it be made more simple to file for bankruptcy? In my opinion, no and there are many reasons why bankruptcy is not simply “wiping the slate clean”.
IS ANYONE WANTING WINDOWS 7?
It is being reported that Windows 7 has not been received as well as the Microsoft PR machine (or any of its faithful) would like you to believe. Peter Whatnell of Sunco is reported to have said:
Windows 7 runs like a champ on my personal netbook, but we don’t really need it,
and does that remind anyone of the series of articles I wrote asking about a killer feature or selling point that make the move from XP worth the money. Does anyone remember I asked what on earth Windows 7 could do that I on a Linux platform couldn’t? Of course the question was never answered properly here in my opinion and we even had a Microsoft employee comment. You can re-read that here: http://openbytes.wordpress.com/2009/06/13/a-question-to-microsoft-whats-unique-about-windows-7/
You can read the CW article here: http://www.computerworld.com/s/article/9140660/Enterprises_like_don_t_love_Windows_7
HONORABLE MENTIONS
Google is working on its own programming language called GO which has been (so far) two years in the making and aims to cater for simple app development without detrimental effects on performance. Currently being internally tested, proof (for me anyway) that whilst IMO Microsoft scrambles to hold on to its many schemes, Google is making further inroads in multiple areas of IT.
CW talks about the missing features in Windows 7 starter might be a point of annoyance with purchasers (according to a survey). You can read that here.
SimplicITy – Linux for everyone!
I personally think that for many people who have not had an interest in the continuing evolution of computing will find the task of learning quite daunting. I bet if you list all the terms you can off the top of your head, there will be quite a list. Of course for those people who have had a long term interest in computing we tend to forget that people who are just starting out will be daunted by the amount of abreviations/terminology we use in basic conversation.
So here is SimplicITy. A computer system/software solution based on a modified Linux Mint distro with the aim of bringing computing to all, in particular those with little or no previous computing experience. Looking at the site it appears that they are aiming for the mature market but having said that I’m sure there are plenty of people of all ages taking their first tentative steps into the world of computing that would appreciate a little simplicity.
The whole system is controlled by a very friendly GUI, which offers “a quick return to, if things go wrong” and users can email, work with documents, surf the net and all the other tasks we all take for granted.
One of the statements SimplicITy makes is:
The computer itself looks like an ordinary desktop computer …
But, far from it … when you start it up, you’ll see a simple screen called Square One. From here you can easily send e-mails, browse the web, chat to friends and family using our e-mail adddresses, store photos and write short documents.
I recently covered Webconverger 5.5 which I suggested was a good distro for those who wanted to keep it simple. Thats the great thing about Linux and it being able to be tailored to the needs of the end user (whatever the skill level and without fear of infringing copyright or a EULA etc)
Maybe this is why we see so many attacks at Ubuntu? Linux Mint is a distro derived from Ubuntu and has many supporters who clearly love using it. Maybe the attackers of Ubuntu see the benefits and advantages Canonicals offering in the computing world and the many different environments it can sit very happily in?
SimplicITy is offered in two different suites (£435.99 & £525.99 respectively), but what you have to consider is this is for a complete solution (no pondering over which version is most suitable). A new user buying a Windows PC for example is probably going to be presented with choices to make that they are relying on the salesperson to know whats best. Should they buy anti-virus software? Should they have support extended? Which version of Windows? As we all know with a proprietary platform theres always something else you can buy and always someone more than happy to sell it to you. SimplicITy aims to take all that away and present the user with a solution which is all in one, but more importantly, simple.
Well known face Valerie Singleton is the host for “training” video’s which aim to teach those who are new.
The makers of SimplicITy say:
We build custom machines, designed to work perfectly with Linux; we manually tweak the install; we put on them a custom, bespoke, heavily-customised version of Eldy; we add in a gigabyte of professionally filmed, recorded and edited tutorial videos, featuring Ms Singleton; we test them thoroughly and we ship them along with a handbook that adds more detailed instructions to those given in the on-screen tutorials. We then back this with telephone and online support, a warranty and so on.
According to the website, Suite 1 consists of:
- simplicITy : model 100 – energy efficient, cool and quiet running
- Onboard graphics, sound and network connection
- Sempron LE-1250 socket AM2 energy efficient 45w processor
- 19″ TFT screen
- Wireless keyboard and mouse
- Stereo speakers
Computer only (no screen, keyboard, mouse, and speakers): £299.99
Complete suite: £435.99
Printer: additional £54.95
whilst Suite 2 consists of the following:
- simplicITy : model 200 – smaller and quieter than model 100
- Mini-ITX Intel desktop D945 motherboard
- Intel dual core Atom processor
- Onboard graphics, sound and network connection
- 19″ TFT screen
- Wireless keyboard and mouse
- Stereo speakers
Computer only (no screen, keyboard, mouse, and speakers): £389.99
Complete suite: £525.99
Printer: additional £54.95
The SimplicITy solution has been welcomed by Help The Aged and I would hope it will encourage more people to get involved with computing and Linux based systems.
You can visit the homepage of SimplicITy here: http://www.discount-age.co.uk/simplicity_computers/
Goblin – bytes4free@googlemail.com






