Microsoft Cracks Down On Windows Piracy In China... So Pirating Group Offers Up Ubuntu That Looks Like XP

from the happy-microsoft dept

It's been pointed out before how much Microsoft has benefited from having its operating system and office suites "pirated," in that it helped make Microsoft a de facto standard, that created lock-in and network effects, that helped make Microsoft into the massively successful company it is today. Even Bill Gates has famously said:

"And as long as they're 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."

Except... of course, Microsoft has been pushing hard to "stop" that kind of "piracy" in China, and it may be having an unintended effect. Slashdot points us to the news that a group that had been offering pirated copies of Windows is now offering a copy of Ubuntu Linux, designed to look just like Windows XP. So, congrats, Microsoft, in "stopping" some piracy in China, you may just be driving users to Linux instead.

Filed Under: china, linux, piracy, ubuntu, windows, windows xp
Companies: microsoft

What Will The Recording Industry Be Blaming For All Their Problems A Decade From Now?

from the or-will-they-not-have-problems? dept

At the very end of an NPR story about the decade since Napster there's an amusing quote from Eric Garland of online music tracking firm Big Champagne, where he says:

A decade from now, executives may be longing for the days--when they could blame piracy for all of their problems.

Indeed. "Piracy" makes for an easy -- if totally incorrect -- scapegoat. The reality is far different. As we've seen over and over again, those who learn to properly use file sharing to their advantage don't see any "problems" from file "piracy," but actually see it as a huge opportunity. That, alone, makes it clear that piracy has never been the problem, only a failure to adapt. And yet, as we've noted repeatedly, the industry itself is actually thriving. So that raises a separate question. A decade from now, what will industry execs be blaming their problems on? Or, will the old "blame game" execs have moved on, and we'll be in a new industry that doesn't even think of the challenges it faces as problems, but as opportunities?

Filed Under: blame, piracy, recording industry

China Raises The Great Firewall Even Higher, Claims It's To Stop Piracy

from the higher-and-higher dept

The NY Times is reporting that the Chinese government appears to be raising the walls on the Great Firewall of China even higher, shutting down a bunch of sites, limiting the ability to let individuals put up their own websites, and completely restricting the ability to offer third party mobile content. Here's where it gets sneaky. The Chinese government claims that it's an effort to stop "piracy." And, indeed, some of the sites that were shut down appear to be sites related to file sharing. But this is great for the Chinese government -- because US lobbyists and diplomats have been complaining about Chinese "piracy" for ages, even as US diplomats have complained about free speech restrictions online in China. So, by hiding a more massive crackdown behind the claim that the government is really "cracking down on piracy," China knows that the US can't complain too much. After all, it's been demanding a crackdown on piracy for so long. So what if that "crackdown" also massively limits the ability of individuals to communicate freely online?

Filed Under: censorship, china, control, great firewall, piracy

BPI Survey Suggests Spotify Hasn't Magically Decreased Desire For Unauthorized Music Access

from the sorry,-spotify dept

There was some buzz earlier this year concerning reports that new streaming apps, like Spotify, somehow decreased unauthorized access to music. And yet, a new study from BPI suggests unauthorized access to music continues to grow, despite the rise of authorized services like Spotify. Now, there are some caveats. BPI isn't exactly known for being entirely accurate with data and these results are from an online survey. While you would think that fewer people would admit to unauthorized access in an online survey (people don't like to fess up), counteracting that is the fact that BPI has incentives to suggest the issue of piracy is a big deal, as it's pushing hard to force ISPs to kick people offline for file sharing. Still, what strikes me as interesting is that BPI still keeps insisting that this is a "problem," without any evidence that this is true. The only real "problem" is the failure of the record labels that BPI represents to adjust their business models. If they did that, there wouldn't be much of a problem at all. But, the labels don't want to do that. They want the government to rescue them and to pretend they can keep doing business they way they always did.

Filed Under: music, piracy, surveys, uk, unauthorized access
Companies: bpi

Songwriters Guild: Network Neutrality Means More Piracy

from the oh-really-now? dept

There has been an effort made by some to try to connect the totally unrelated issues of network neutrality and unauthorized file sharing together. There is no connection between the two, but that won't stop busy lobbyists from doing their best to drum up such a connection. Copycense points us to the news that Grover Nordquit's group has decided to push this line of nonsense by parroting claims by the Songwriter's Guild of America (SGA) that accepting net neutrality is akin to encouraging piracy. How? That's not clear, because there's really no connection at all. The best they can say is that net neutrality would prevent efforts to crack down on file sharing (except, every plan for net neutrality has explicitly had exceptions for such things). I've said it before and I'll say it again: I am not in favor of laws mandating neutrality, but the arguments made by those against it are so over-the-top ridiculous that it's actually making me wonder why. There are reasonable arguments against mandating neutrality, but these groups don't make them.

That it's the SGA making these arguments initially shouldn't come as a surprise. The group has a rather antiquated view of business models and modern technology, and its boss has declared in the past that songwriting would not occur without copyright -- an obviously incorrect statement. The SGA has become a caricature of itself in the last few years. Rather than admitting that the market is changing and working with songwriters to help them adapt, it has basically decided the only reasonable strategy is to go crying to the government for more protectionism, and greater mandatory licensing fees. This is an odd group for the anti-net neutrality types to team up with, since most of them claim their reasons for being against net neutrality is to get away from government meddling in the internet industry. And then they go and team up with the SGA, who's entire purpose is to encourage more government meddling in the music business? Politics makes strange bedfellows indeed...

Separately, it's probably worth noting that ITIF, a "think tank" in DC and which has been a huge anti-net neutrality voice, has just come out with a poorly researched, poorly argued, joke of a report on "reducing digital piracy." In it, they promote kicking people off the internet (based on accusations, not convictions) under a three strikes regime, and also that ISPs should filter and monitor their networks to try to stop infringement. Apparently, ITIF is not a big fan of your privacy... but it's own... well, just try to find out who funds ITIF? That's secret. Funny how that works. Otherwise the report repeats a bunch of sweeping claims that have no support in reality, and does not back them up. It states, repeatedly, that you can't compete with free, even as many smart businesses do that every day. The report advocates DRM, and amusingly fails to mention the massive failure of every DRM system to date, and the harm it has done to legitimate users. But, of course, it saves most of its focus on supporting "technical measures" from ISPs to inspect your content and stop you if they think you're doing anything wrong. Welcome to the big brother state. The report also supports ACTA, even though it admits it doesn't know what's included. Basically, it's "recommendations" straight from the entertainment industry, with no basis in reality. And, with a nice "net neutrality" tie-in. Those ties seem likely to get closer, which is unfortunate. Funny that those who keep claiming they want the government to "stay out" of the internet, are so keen to have them very actively involved when it comes to copyright.

Filed Under: digital content, grover nordquist, net neutrality, piracy, songwriters
Companies: itif, sga

FBI Arrests Wolverine Leaker; Don't You Feel Safer Now?

from the tax-dollars-at-work dept

Much of the reasoning behind Joe Biden's recent summit with entertainment industry bosses and a variety of top administration officials -- including the Attorney General and the head of the FBI -- was to "coordinate" enforcement efforts. Efforts, one assumes, like the FBI's hard work in tracking down and arresting the guy who put a pre-release version of the movie Wolverine online, even though it was lacking in special effects and final audio. As we noted at the time, there were many ways that the studio could have responded to the leak that made them look cool and would have encouraged more people to go see the real movie. Instead, 20th Century Fox went ballistic about how evil this was, and got the FBI to act as its private police force. Of course, despite how this leak "ruined" the movie, Wolverine (despite mostly dismal reviews) had a massive opening and went on to earn $180 million at the box office, significantly more than it's $130 million budget. But, of course, the movie industry is dying, and our tax payer money should be used to track down the guy who did so much "damage."

Filed Under: box office, copyright, leaks, piracy, wolverine
Companies: fbi

Congress Gives $30 Million To Fight 'Piracy'

from the why? dept

Recent studies have shown that -- despite a massive recession -- both the music and movie industries are having fantastic years. However, both industries are complaining about how they're being "killed" by "piracy." There's no evidence of this of course, but when it comes to copyright, politicians don't seem to believe evidence is necessary. They just spring into action. So, just as a bunch of Federal government representatives sat down for a private meeting with entertainment industry bosses, Congress agreed to earmark another $30 million to propping up their obsolete business models fighting "piracy." It's a nice deal. Copyright infringement should, by any honest definition of the term, be a civil issue, taken up between private parties. There is a criminal component to copyright law, but it makes little sense. However, now the Justice Department and other local officials have a pool of cash so that they can be the entertainment industry's police force and private prosecutors.

Filed Under: congress, copyright, feds, piracy

Judiciary Committee To Quiz Justin.tv About Live Streaming, Piracy And Sporting Events

from the this-won't-end-well dept

A year ago, we noted that the rise of Justin.tv and other "live streaming" services was going to put some pressure on things like exclusive "broadcasting" deals for sporting events. Already, some sports leagues have threatened live streaming sites. For the most part, rather than looking for ways to use this to their advantage and to recognize that fans are helping promote these events, the sports leagues have been freaking out, because all they see is that multi-million dollar exclusive broadcasting rights contracts may be harder to come by.

And, when big entertainment operations feel threatened, who do they turn to? Congress of course. The House Judiciary Committee will be holding a hearing about "piracy" of live sporting events, and have asked the CEO of Justin.tv to come defend himself. This will not end well. These sorts of hearings are not about actually hearing all sides of an issue to better understand them. They're usually for show, so that some politicians can scold some company they don't like, and then push legislation forward that favors their campaign supporters.

Justin.tv should have a clear DMCA defense here -- and that's what the company appears to be planning to express. But, my guess is that Congress won't care very much. Rather than differentiate between users and platforms or technologies, they'll claim that this is "A Problem" that needs to be "Solved."

But is it really? The ability to "live stream" is something that's almost entirely brand new, and it really does change the way people can interact. But, live streaming will almost always create some sort of "copyright infringement" or "piracy," which suggests the real problem isn't with live streaming, but with copyright laws. The sports leagues and entertainment companies are freaked out for the same reason they're always freaked out. This new technology, which allows many wonderful things, also takes away their control, and it's that control that they use to set up artificial barriers, which is what they use to claim monopoly rents. Basically, their markets are being changed by new technologies, and rather than realizing there are ways to embrace that, they instead are running to Congress to try to break the technology.

Filed Under: congress, judicial committee, live streaming, piracy, sporting events
Companies: justin.tv

Openness? Transparency? Not When Biden Gets To Hang With Entertainment Industry Lobbyists: Press Kicked Out

from the gotta-keep-that-on-the-down-low dept

Well, this is just lovely. I added it as an update to the original post about Biden's highly questionable, one-sided "piracy summit," but it's an issue that deserves an additional post. Reporter Ryan Reilly was attending the summit, and was Twittering what was going on, so we got to hear Biden say that piracy is "flat unadulterated theft" (apparently the Vice President of the US is unfamiliar with US law and the difference between infringement and theft, which is... um... scary). Then we heard that Attorney General Eric Holder was reinvigorating the Justice Department's "task force" on copyright. Why? There's still no indication of any actual harm (both the movie and music industries are growing). Then, Commerce Secretary Locke noted that anti-camcording efforts are an important part of the anti-piracy effort. Funny timing, given the recent fiasco over a young woman arrested for incidental capturing of snippets of New Moon.

So it started out just great. And then? Well, then the press got kicked out. Seriously. Isn't this the Obama administration that's supposed to be all about openness and transparency and not giving in to industry lobbyists? So it gathers up a bunch of the highest ranking government officials, (and doesn't invite any consumer advocates or tech industry representatives) puts those politicians in a room with industry bosses and lobbyists, claims that "all stakeholders" are present (seriously, that's what Biden's press release said), has those government officials make a few blatantly false or misleading claims, and then kicks out the press. Yikes. Update: Reilly has now published his article on the event, which includes a list of attendees.

Filed Under: copyright, entertainment industry, joseph biden, openness, piracy, summit, transparency

Microsoft Caught Copying Software Code In China...

from the piracy? dept

Lots of folks have been submitting the story of Microsoft's China operations being caught with its fingers in the cookie jar in directly copying the code from a small company called Plurk. This isn't just the look and feel that was copied, but it appears that some of the code itself was directly copied. Of course, this seems doubly amusing, since Microsoft has, in the past, been at the forefront of complaining about "piracy" in China -- even as the details have long suggested Microsoft benefited greatly from unauthorized copying of its software in China, by building tremendous lock-in and making Microsoft the defacto standard. Of course, when a Microsoft exec recently announced that "piracy" was no longer a threat who knew he meant because Microsoft had decided to go in the other direction and use it to its own advantage?

Of course, I'm joking there. Microsoft continues to insist that piracy is a huge problem, and over in India, Dan alerts us that Microsoft has actually been fined for harassing "pirates" by trying to take them to court in the national capitol, instead of where the "piracy" actually happened:

According to the Court, Microsoft is needlessly abusing its unlimited cash flow as a power tool to financially hurt the defendants, who will have to travel all across the country in order to defend themselves. This abuse of "money power" to "harass" defendants is unacceptable according to the Court.

"When the constitution of India provides equality before law, this equality has to be all pervasive and cannot be allowed to be diluted because of money power or lobbying power," Judge Dhingra commented on the case.

So, it's fine to try to bankrupt "pirates" as you're pirating software yourself? Of course, Microsoft will squirm out of this one just fine. It'll claim it was a mistake, probably throw some money at Plurk (who just got a ton of free PR) and move on, still claiming that "piracy" is bad, bad, bad and must be stopped (especially in China).

Filed Under: china, code, copying, india, piracy
Companies: microsoft, plurk