The day democracy died
I greatly fear that tomorrow, Tue 6 Apr 2010, will go down in history as the day democracy died.

I am of course writing once again about the Digital Economy Bill [1] in the UK, and its big brother ACTA. Pieces of legislation penned by the lobbyists for media distribution companies and about to be rammed down the throats of their customers the general public. Pieces of legislation that are intended to protect corporate interests in cyberspace, but that have huge unintended consequences for freedom of speech and nascent innovation. Whoever said ‘never pick a fight with somebody who buys ink by the barrel’ was spot on. How ironic that this is about a world where there is no ink, and the only barrels to be seen are thrown by Donkey Kong.
I must confess here that I was naive and complacent. When the bill was formally announced in the 2009 Queen’s speech I thought that there was no chance it would make it through parliament before the looming general election. I thought that it was part of a vanity parade, where each department had to have a slice of the pie on their big day, but that this government would have more important things to see to in its dying days. I thought that the proposed legislation was too fatally flawed to make its way through parliament, that the abandonment of the consultation process that was supposedly behind the bill would fatally wound it before it got anywhere. I thought that the process would slow it down too much, that it simply wouldn’t get through in time.
I was wrong on every count, and looking back to the summer I wish I had joined the fight sooner.
It is now clear that this is the keeper – the one bill that this government is hell-bent on ramming through. Baron Mandelson (of Modor) has a busy portfolio, but it seems that most of his energy has been expended into seeing this one over the line.
It’s now clear that there is no effective opposition to the bill. The Tories are just as in bed with the media lobby as New Labour, and the Lib Dems changed sides too late to offer much hope of repairing the earlier damage that they wrought. Without an effective opposition it doesn’t matter how defective a piece of legislation is. Sadly it seems that the main UK political parties are too often in violent agreement on what should be contentious issues.
Worst of all this bill has laid bare the damage accumulated over the last thirteen years on Britain’s parliamentary process. New Labour would never have been able to become the new crime a day sausage machine that it is without tearing the obstacles of due process out of their way. Much was made of the changes to who sat in the house of Lords, but I mustn’t have been paying attention to the part where they changed roles to tenderising the sausage before it goes through the machine rather than checking on quality when it comes out. I still thought that the Lords could send back bad legislation to the commons (at least for a few iterations), and that’s just not true any more – the process has been ‘streamlined’ in a way that must be the envy of every tin pot dictator on the planet.
I feel it would be over-egging the pudding to say that there’s been a popular backlash over the last few weeks. Yes, tens of thousands of people have written to their MPs, but I fear that the die is already cast. The digital early settlers that I count myself amongst have fooled ourselves that we have power, that what we say on social networks, in blogs etc. has real impact, that we reach millions at the click of a search button. It’s not true though; the digital natives seem to be just as unaware (or uncaring) of what’s going on as the analogue generation for whom popularity is defined by the talking head on TV (regardless of whether that TV signal is analogue or digital). It leaves me wondering if the media industry are in such a rush over this one because they sense that it’s their last chance?
As I said after my talk at CloudCamp London, I really hope that in a few weeks time I’ll be the idiot who was making a fuss over nothing. At this stage however I really fear that I was just too late, or even that I joined an impossible fight. The dark side to this legislation is that it hands control of the Internet or an Orwelian government machine. When Britain, the supposed home of democracy, becomes like China because the spin doctors and their cronies made it seem like a god idea then we all have something to fear, wherever we live.
[1] I’ve stopped linking to the Wikipedia entry on this, as it seems to me that nobody is keeping in top of the detail, and there’s much better coverage elsewhere. At this stage I can particularly recommend JP’s Blog.
Filed under: politics | 2 Comments
Tags: acta, debill, democracy
Filed under: could_do_better, grumble, technology | 4 Comments
Tags: customer service, lenovo, s10-3t
In answering this question I want to move beyond the obvious – that the politicians sold their own souls years ago, and that the media industry is the devil incarnate, and thus hungry for more.
This is of course another post about the Digital Economy Bill (and ACTA). Pieces of legislation that will trade our freedoms in exchange for securing the business models of the incumbent media distribution industry. Pieces of legislation that will put the felony into felony interference of a business model.
It should surprise only the most naive that this legislation is being penned by the representatives of the media industry (as we have seen from leaks here and here). I find it quaint that we have an industry association called the British Phonographic Industry (BPI) – for real – a trade association that supports the makers of phonographs. I wonder if they have a museum somewhere that I can see a phonograph (I vaguely recall seeing such things in old people’s houses when I was a youngster). There couldn’t be any clearer link between this dangerous law, it’s potentially catastrophic consequences, and the analogue world of yesterday.

Back to the politicians, the ones selling our souls. Why are they doing this:
- The media industry are gatekeepers to spin. Politicians need TV, they need the papers, they are utterly dependent on the media industry to get their carefully manicured message in front of a celebrity obsessed public. There’s no point in having an army of highly paid spin doctors if the media won’t play along. Giving the media people exactly what they demand is just part of the quid pro quo.
- The media industry are the gatekeepers to celebrity. Politicians are typically ugly and loathsome creatures. We don’t really want to see or hear from them. But if they’re up on stage with our favourite band then that changes things. Whilst the bands might have some say in which party they get to support, the industry as a whole has the whip hand.
- There is no longer an effective public service counterbalance. Since Gilligham/Kelly/Hutton the BBC has been emasculated. First it became the Blair Broadcasting Corporation, more recently the Brown Broadcasting Corporation – too terrified of having to give up another radio station, or digital TV channel or chunk of web presence if the political overlords tilt the balance further in favour of commercial media.
Of course with this in mind it should be no surprise that people haven’t heard of the Digital Economy Bill and ACTA – how would they without the media industry to spoon feed it to them – the same media industry that’s behind all this. They may be backward, but they’re not stupid. If you do one thing beside writing to your MP today about this scandal then tell a friend, a relative, anybody about what’s going on, because the papers and TV certainly won’t.
The message is clear. The politicians value the media industry more than they value you (and your vote). They’re sure that you’ll just suck it all up as part of your all sugar diet of celebrity. Prove them wrong.
Filed under: media, politics, technology | Leave a Comment
Tags: acta, BPI, debill, digital economy bill, media industry, phonographs
BEng MBA MIET CEng
Director
Capital SCF
Filed under: cloud, politics, technology | Leave a Comment
Tags: debill, digital economy bill, saas
Digital Economy Bill vs SaaS
This evening I was supposed to be doing a lightening talk on PaaS at London CloudCamp, which would cover the stuff that I did over Christmas and New Year. Hopefully I’ll get to do that another day, as right now I feel obliged to speak out about an amendment that’s been introduced to the Digital Economy Bill by the House of Lords. Here are the slides that I’m going to be presenting (register at http://cloudcamplondon7.eventbrite.com/ if you’d like to come along):
There’s been some good coverage already of the (unintended?) consequences of amendment 120. Cory Doctorow pointed out what this could mean for ‘web lockers‘, and Richard Clayton examines whether it’s intended to be a wrecking amendment.
My concern is that it could be used against Infrastructure as a Service (IaaS) providers, especially their storage services such as Amazon’s S3. Such action could have enormous collateral damage on Software as a Service (SaaS) applications that rely on these underlying storage services. A good deal of the SaaS that I use day to day, that we depend on to run our firm, makes use of S3 and similar.
I hope that Richard is right, and that this wrecks a massively misconceived piece of legislation. I do however fear that there’s worse to come under the auspices of the Anti Counterfeiting Trade Agreement (ACTA). Whilst I’m as sick of the sight of knock off Louis Vuitton bags as the next man, and don’t want to be buying brake pads that are made from cheese, I have deep fears that ACTA will impose an international copyright regime that will break the Internet as we know it. Of course it’s hard to substantiate these fears as the whole thing is being negotiated in secret, and the established media aren’t doing much to report on it (as it’s their owners that we find behind the whole thing). The first step is to get the agreement out into open public debate – sunlight is a great disinfectant – and it’s good to see some steps in that direction coming from the European Parliament.
Filed under: cloud, politics | 2 Comments
Tags: acta, cloud, cloudcamp, debill, digital economy bill, iaas, saas
I’ve written before about my trusty Lenovo s10e, which I’ve had for about a year now.
Recently though I’ve been loving my little netbook a lot less, as the fan was making such an atrocious noise that people on the other side of my office were complaining. Sadly this seems to be a common problem.
Today I decided to dive in and have a look, using the hardware maintenance manual as my guide. There was nothing obvious wrong with the heat sink and fan assembly (other than the pathetic jury rig of spacers and heat conductive plastic). I was however able to remove the fan itself from the rest of the assembly (after taking out 3 more little screws), and it turns out that it’s held together by magnetic force, making it a snap to detach the fan vanes from the motor mechanism.
After putting on a dab of high temperature CV grease (of the sort that I have for motorcycle maintenance) I put everything back together and we’re back to silent(ish) running. Hopefully I’ll have a few days of happy use before my s10-3t arrives and the s10e heads into the family hand-me-down hardware cascade.
Filed under: could_do_better, technology | 5 Comments
Tags: fan, fix, hack, lenovo, noisy, s10e
3 MiFi mini review redux
A little while ago I wrote about my 3 MiFi. To cut a long story short I wasn’t impressed, and rather wish that I had sent it back and got a refund. My mood wasn’t helped by the subsequent price drop of the PAYG package from £99 to £49 (albeit without 3 months of PAYG data that I didn’t need in the first place).
Crippled
It turns out that the device can actually do many of the things that I wanted it to do, it’s just that Three had crippled it. The main problem is the removal of the web interface (though there are rumours that Three may sanction a firmware update that will bring it back). The web interface presents options so that the MiFi can be ‘always on’ (as I think it should be when powered up).
Unlocking
It seems that DC-unlocker is now able to unlock the Huawei E5830, so for €15 you can use it on any network. I’ve also read various reports that Three will unlock a MiFi for £15, which seems pretty reasonable. Sadly the web interface lacks the ability to reconfigure APNs, so if you’re swapping SIMs around then you’ll need to use the WiFi Manager application.
Sadly PAYG SIMs that you might use when roaming seem to be no easier to get now than they were 6 months ago.
Upgrading Firmware
After getting my MiFi unlocked I was able to get at the web interface by doing a firmware update, following the instructions I found here. It was a hairy experience, and at one stage I thought I’d bricked the device. Luckily it has a maintenance mode that I found out about in this Chinenglish upgrade guide, which is entered by pressing and holding the mobile dial button then the power button for 5 seconds (after which the signal LED turns red and the battery LED turns yellow). After going into that maintenance mode I was able to get the firmware updater to talk to it again, and eventually managed a successful update. Huawei certainly have some work to do on their firmware update software to stop it from being so much like playing Russian roulette.
Web interface
The web interface is basic but functional. Having found the default username and password (admin/admin) I was able to get in and set it up so that it would establish a 3G/HSDPA data connection whenever powered on (which I still think should be the default). It works reasonably well on my iPod Touch as well as my netbook (at least on FireFox), making it easy to check on device status without having to physically poke and prod at it.
Residual concerns
Battery life is still a bit of an issue. It’s probably enough for my daily commute, but anything longer than that means you need USB power from somewhere (and the cable to hook it up).
I’m still not entirely convinced by the sensitivity of the antenna and receiver (which may just have an optimal orientation that I haven’t figured out yet). My sense right now is that it’s not quite as good as my Novatel XU870, but probably better than most USB dongles. I guess in the non commuting use case it has the advantage that you can place it where signal strength is best, which isn’t so easy with something attached to your laptop or whatever.
The 5 device limit for WiFi connections makes little sense to me. I get it that sharing a 3G connection with 5 laptops would probably be stretching things thin, but even on my commute I’d probably use it with 3 devices (netbook, iPod and BlackBerry) – so there’s not much to spare. A friend recently installed a MiFi in his rural house that suffers a lack of wired broadband. He’s very happy just to be online, and pleased that he often gets around 1Mb/s (sometimes a little more), but 5 devices goes quickly when you have a kids PC, a Wii, Nintendo DSIs, iPhones, netbooks etc. Of course most of these devices aren’t actually making use of the connection at any given time, but having to manually switch their WiFi on and off to keep within the connection limit will be a pain. I’ve suggested to my friend that he puts Windows 7 onto an old netbook and then uses Connectify to extend the WiFi bubble and work around the connection limit.
It’s still plasticky, though with the always on mode in action I can leave it in an old sunglasses bag and ignore the ugliness (and prevent scratches and other wear and tear).
For keeps
I’m well past being able to send it back, but with unlocked SIM capability and upgraded firmware that lets me do what I want with it I’m much happier with it. Happy enough that it will soon become my main means of mobile access as I ditch my old s10e netbook in favour of a new s10-3t ‘netvertible’ (which lacks the expresscard slot I need for my XU870).
Filed under: technology | 13 Comments
Tags: 3G, hotspot, mifi, mobile, review, wifi
iPod, eBook, dAllowance
‘Can I have an iPod Touch for my birthday?’ asked my five year old daughter yesterday (the birthday isn’t far away), ‘Susie has one, and she’s 6’. ‘No’, came my reply, ‘I gave you an iPod mini just a few weeks ago’. We’ve been going through a bit of an iPod upgrade cycle around the house since I filled up my old 1G Touch and decided to splash out on a newer 32GB model.
The physical kit is just the start of the problem though – what about content?
I was rather surprised to discover during my upgrade process that I didn’t have to rebuy my apps for my old iPod touch. It seems that the 5 ‘authorised’ machines that Apple allows me also translates to 5 devices worth of apps from a single account. To be honest I wouldn’t have minded buying Bejewelled 2 and Drop 7 again for my wife, as they’re only a couple of quid each.
Having a ‘family’ account for iTunes seems like a good plan (especially when it means that I don’t have to repeat buy the same stuff), but I sense trouble ahead…
- Firstly I’m not going to give my kids my iTunes password. Not only does it almost certainly break the terms of service (though why should I really care about that?), but it’s the digital equivalent of handing over an entire book of blank cheques. For similar reasons they also don’t get to have my eBay, Amazon or PayPal passwords (and I’ve started using two factor authentication for eBay and PayPal so that saved passwords don’t make my machine a soft target to work around this).
- Secondly what happens when they grow up and leave home? Do the mp3s that I bought for them (with my email address or some other identification almost certainly burnt into the metadata) have legal right of passage? When they are old enough to have a credit card and their own account will they be obliged to repurchase all of their old favourites? Will the ACTA empowered copyright goons at international borders be understanding when my daughter has married, but still carries content with her old the wrong name burnt into it?
- Thirdly I don’t always want to be the bottleneck on this stuff. If the kids want to spend their Christmas, birthday and pocket money on Hannah Montana mp3s, or Club Penguin or Moshi Monsters then I’d rather be out of the loop. If they wanted to buy the physical versions of these things (or even vouchers for some of the relevant services) then they can just walk into a shop and put cash on the counter.
What seems to be missing here is some sort of flexible electronic payments system for kids. Something that puts them in control of whatever allowance or gifts that they’re given (and let’s not forget that vouchers are like cash, only less good) – this needs to be better than cash, money that you can spend anywhere on the internet (that kids would go). Maybe when Rixty escapes from the US (and provided that it gets some broader adoption with the relevant services) it will be the thing? There is however a LOT going on in the payments world at the moment, particularly with prepaid debit, so plenty of scope for innovation and competition.
One potential spoiler is that many services (e.g. Amazon) insist on a credit card for digital products (presumably because the know you customer stuff that sits behind these products provides a stronger anchor to a given geography so that content distribution companies can play their stupid games with windows). Maybe those companies don’t see kids as an important market? Maybe they think that by pissing them off when they’re teenagers they’ll be all the more keen to buy their stuff when they’re ‘grown up’ and allowed proper plastic? Or maybe something new will come along and dis-intermediate these people back into the 20th century where their business model came from.
Filed under: media, technology | 3 Comments
Tags: allowance, amazon, credit card, debit card, ebay, ebook, ipod, itunes, money, payments, paypal, pocket money
eBooks and price discrimination
The weekend brought a bit of a storm over Amazon booting Macmillan off its platform, which has brought lots of worthy analysis from Charles Stross, Tim Bray and others.
Perhaps I’m missing something here, but it seems to me that the whole problem with eBooks is that they have only one dimension for price discrimination – time. For dead tree traditional books there tends to be a conflation of physical form discrimination (hardback versus paperback) and time discrimination (the hardback gets released first), but there’s loads of scope for making things very special indeed – author’s signed copies, custom bindings and more.
I’ve been frustrated in the past by having to buy a heavy hardcover when I want to get the latest release from one of my favourite authors. I’d have happily paid much the same cover price for the smaller lighter paperback. So maybe price discrimination on time only can be made to work for eBooks. But, the medium does constrain choice from a distribution point of view – as the eBook device owner has already chosen physical size and weight, what the outside looks like (a leather binding to fool airline stewardesses perhaps) etc. I also wonder if cover art is dead (removing some cost from the overall value chain, but also end of lifing a small creative channel)? It is clearly going to be hard to make a bunch of bits special.
This is a very different phenomenon versus what digitisation has done to the music industry, where the ‘1000 true fans‘ approach allows more performers to earn a living being creative (and not have to have a day job). Books are not performance art. I don’t necessarily want to hear my favourite author read their work (live or on an audio book), I won’t go on their stadium tour, I may buy the T-shirt (and perhaps that’s where the cover art gets displaced to). Books are also BIG compared to songs, it takes months to write a novel (and many train rides and flights for me to read one).
As the value chain between author and reader gets squeezed we need to find some new local optimum where the author earns enough to keep writing, and the other ancillary people like editors get paid. I notice that whilst many of my favourite authors like Cory Doctorow and Charles Stross are keen to see their work in eBooks, and keen to avoid nasty DRM etc., they also seem go out of their way to support their publishers, editors etc. by not providing a side channel around them (where the fan could go straight to the author and pay them for content in certain forms). This contrasts with the possibilities that digital distribution opens up, which I experienced first hand when Craig Murray took the decision to self publish The Catholic Orangemen of Togo (having been threatened with litigation under the UK’s rather onerous libel laws). Having ordered a hardcover from Amazon that clearly wasn’t going to get to me any time soon I ended up cancelling my slice of dead tree and sending Craig what he said he’d get from the cover price (if I bought direct) and printed the PDF to read on the train. The economics of this transaction are interesting – cover price £17.99 (discounted to £11.87 on Amazon), profit to Craig £3.60 (only £0.80 from Amazon), cost for me to print 226 page PDF on my duplex laser printer £1.13. So…
- Craig doing his own distribution gets him £3.60/£17.99, or around 20% – and £14.39 is left on the table for ‘distribution’
- Me printing Craig’s PDF gets him £3.60/£4.73, or around 76% – with nothing left on the table for ‘distribution’
- Of course if abuse DRM hadn’t put me off buying an eBook reader then I wouldn’t have needed to do any printing at all
- Amazon selling Craig’s book gets him £0.80/£11.87 – just 7% – and £11.07 goes into ‘distribution’
Obviously Amazon is much better at ‘distribution’ than Craig is, but more obviously self publishing eBooks could totally ruin the ‘distribution’ business. No wonder Amazon is being heavy handed, but I sense that there’s more at stake here in the long run, and that the time dimension of how we consume from established authors is just the tip of a very large iceberg.
Updated to add and moments after I pressed publish another great piece of commentary from Charles Stross. I think we can agree on the end game ‘the correct model for selling ebooks (profitably and at a fair price) is to establish a direct-to-public retail channel, like Baen’s Webscription subsidiary. Oh, and once you’re there, you can ditch the annoying DRM.’ All I’m left wondering is how much of a role publishers will have in that direct-to-public channel, especially for new authors?
Filed under: marketing | 1 Comment
Tags: books, ebook, economics
