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<channel>
	<title>BlogFox</title>
	
	<link>http://www.bradfox.com/blog</link>
	<description>Thoughts on feature film, new media, and living in the digital wild west.</description>
	<pubDate>Wed, 10 Feb 2010 06:00:40 +0000</pubDate>
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			<atom10:link xmlns:atom10="http://www.w3.org/2005/Atom" rel="self" type="application/rss+xml" href="http://feeds.feedburner.com/Bradfoxcom" /><feedburner:info uri="bradfoxcom" /><atom10:link xmlns:atom10="http://www.w3.org/2005/Atom" rel="hub" href="http://pubsubhubbub.appspot.com/" /><feedburner:emailServiceId>Bradfoxcom</feedburner:emailServiceId><feedburner:feedburnerHostname>http://feedburner.google.com</feedburner:feedburnerHostname><feedburner:feedFlare href="http://add.my.yahoo.com/rss?url=http%3A%2F%2Ffeeds.feedburner.com%2FBradfoxcom" src="http://us.i1.yimg.com/us.yimg.com/i/us/my/addtomyyahoo4.gif">Subscribe with My Yahoo!</feedburner:feedFlare><feedburner:feedFlare href="http://www.newsgator.com/ngs/subscriber/subext.aspx?url=http%3A%2F%2Ffeeds.feedburner.com%2FBradfoxcom" src="http://www.newsgator.com/images/ngsub1.gif">Subscribe with NewsGator</feedburner:feedFlare><feedburner:feedFlare href="http://feeds.my.aol.com/add.jsp?url=http%3A%2F%2Ffeeds.feedburner.com%2FBradfoxcom" src="http://o.aolcdn.com/favorites.my.aol.com/webmaster/ffclient/webroot/locale/en-US/images/myAOLButtonSmall.gif">Subscribe with My AOL</feedburner:feedFlare><feedburner:feedFlare href="http://www.bloglines.com/sub/http://feeds.feedburner.com/Bradfoxcom" src="http://www.bloglines.com/images/sub_modern11.gif">Subscribe with Bloglines</feedburner:feedFlare><feedburner:feedFlare href="http://www.netvibes.com/subscribe.php?url=http%3A%2F%2Ffeeds.feedburner.com%2FBradfoxcom" src="http://www.netvibes.com/img/add2netvibes.gif">Subscribe with Netvibes</feedburner:feedFlare><feedburner:feedFlare href="http://fusion.google.com/add?feedurl=http%3A%2F%2Ffeeds.feedburner.com%2FBradfoxcom" src="http://buttons.googlesyndication.com/fusion/add.gif">Subscribe with Google</feedburner:feedFlare><feedburner:feedFlare href="http://www.pageflakes.com/subscribe.aspx?url=http%3A%2F%2Ffeeds.feedburner.com%2FBradfoxcom" src="http://www.pageflakes.com/ImageFile.ashx?instanceId=Static_4&amp;fileName=ATP_blu_91x17.gif">Subscribe with Pageflakes</feedburner:feedFlare><feedburner:browserFriendly>BradFox.com - Rarely, if ever, containing the content I thought I'd usually blog about.</feedburner:browserFriendly><item>
		<title>The Crusade</title>
		<link>http://www.bradfox.com/blog/2010/02/the-kate-beaton-crusade/</link>
		<comments>http://www.bradfox.com/blog/2010/02/the-kate-beaton-crusade/#comments</comments>
		<pubDate>Wed, 10 Feb 2010 06:00:40 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[canadiana]]></category>

		<category><![CDATA[funnybooks]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=1081</guid>
		<description><![CDATA[
I don&#8217;t know what else to do people. You can come over and borrow my copy of Never Learn Anything From History, you can flip through her exceptional National Post work (which probably plays a larger part than I&#8217;d like to admit in why I subscribe to a daily newspaper where I disagree with a [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://harkavagrant.com/"><img src="http://www.bradfox.com/blog/wp-content/uploads/2010/02/intervention.jpg" alt="intervention" title="intervention" width="600" height="251" class="aligncenter size-full wp-image-1082" /></a></p>
<p>I don&#8217;t know what else to do people. You can come over and borrow my copy of <a href="http://www.topatoco.com/merchant.mvc?Screen=PROD&#038;Store_Code=TO&#038;Product_Code=BEAT-NEVER-BOOK&#038;Category_Code=BEAT">Never Learn Anything From History</a>, you can flip through her exceptional <a href="http://www2.macleans.ca/2009/03/13/making-fun-of-canadian-history/">National Post</a> work (which probably plays a larger part than I&#8217;d like to admit in why I subscribe to a daily newspaper where I disagree with <a href="http://en.wikipedia.org/wiki/David_Frum">a significant portion of the editorials</a>). Heck it&#8217;ll cost you nothing (but some well spent time) to just go read the <a href="http://www.harkavagrant.com/index.php?id=233">Hark a Vagrant</a> archives. </p>
<p>The important thing is that we immediately start the movement to get Kate Beaton officially appointed Canada&#8217;s Cartoonist Laureate.</p>
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		<title>Predictive Search Outliers (or “One of these things is not like the Other”)</title>
		<link>http://www.bradfox.com/blog/2010/02/predictive-search-outliers-or-one-of-these-things-is-not-like-the-other/</link>
		<comments>http://www.bradfox.com/blog/2010/02/predictive-search-outliers-or-one-of-these-things-is-not-like-the-other/#comments</comments>
		<pubDate>Tue, 09 Feb 2010 18:34:18 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=1073</guid>
		<description><![CDATA[I got my wrist slapped today for not cross posting here more often. The slapper (correctly) pointed out that I e-mail friends and family lots of asides, and post in a number of comment threads on things that interest me, and have started dabbling in tweeting - all of which would make fine content for [...]]]></description>
			<content:encoded><![CDATA[<a href="http://images.google.ca/images?&#038;safe=on&#038;q=one+of+these+things+is+not+like+the+other"><img src="http://www.bradfox.com/blog/wp-content/uploads/2010/02/cute-puppy-pictures-not-like-300x240.jpg" alt="Speaking of phrases you shouldn&#039;t Google with &quot;Safe Search&quot; turned off" title="One of these things is not like the other." width="300" height="240" class="size-medium wp-image-1072" /></a>
<p>I got my wrist slapped today for not cross posting here more often. The slapper (correctly) pointed out that I e-mail friends and family lots of asides, and post in a number of comment threads on things that interest me, and have started dabbling in tweeting - all of which would make fine content for this here page, which (as you all well know) I tend to ignore when I&#8217;m in hardcore &#8220;project on the go&#8221; mode, and don&#8217;t feel like writing anything substantive (or as &#8220;substantive&#8221; as we get around these parts). </p>
<p>This is all absolutely true. So let&#8217;s see if I can&#8217;t get better about that, by starting with a quick re-post of a comment I made to Denis McGrath&#8217;s great <a href="http://heywriterboy.blogspot.com/">Dead Things On Sticks</a>. Denis <a href="http://heywriterboy.blogspot.com/2010/02/uh-what.html">wrote a post wondering why he was getting a particularly grim predictive search result about killing babies in Google</a>, and since I&#8217;ve been dealing with something similar (albeit on the search side) relating to the <a href="http://www.highlifethemovie.com">High Life</a> website, I thought I&#8217;d lay down a quick note on why I believe bizarre, shocking, outliers can get promoted on Google (particularly in lists of predictive results). <span id="more-1073"></span></p>
<p>I should have pointed out on <em>Dead Things</em> that this is simply a working theory - anyone who tells you they know exactly how Google weights results is lying (unless they&#8217;re Google engineers), and there&#8217;s a whole <a href="http://www.google.ca/search?q=SEO+consultants">creepy sub-industry of geek Shaman</a> telling you they know how to scatter the entrails, and read the bones to influence the mighty Google PageRank in the sky. Many of them are snake-oil salesmen of the worst kind. </p>
<p>What I can say, is that this is the best working theory I&#8217;ve got and fits not only this available data from this case, but many similar ones I&#8217;ve seen as well.  So let&#8217;s file this all under &#8220;Scientific process in progress&#8221; shall we? </p>
<blockquote><p>
One of the problems with Google&#8217;s predictive search is that (like page results itself) it tends to equate what people actually click on with quality of result.</p>
<p>For example - if thousands of people searching for &#8220;screenwriting tips&#8221; click on your site from the resulting list, your site will start to come up higher in the rankings, because clearly it contains what people are looking for when they search for &#8220;screenwriting tips&#8221;. By comparison, perhaps not a lot of people click on your site when they&#8217;re searching for &#8220;dead things&#8221;, so your results would be depreciated on that list. This works pretty well for something like search where the act of searching requires you to input a complete phrase before getting results.</p>
<p>However when you apply this to predictive results, what happens is that occasional outlier results (which you get in any search database), are often so disconcerting that a large percentage of people searching for something else entirely (&#8221;how do I kill the mice in my attic&#8221;) stop their search to click on early, outlier results. This isn&#8217;t because it&#8217;s what they&#8217;re looking for, it&#8217;s entertainment, shock value, voyeurism, or just to figure out why the heck so many people are searching for &#8220;x&#8221; (did I miss a news story?)</p>
<p>This creates a classic positive feedback loop - Google considers that item &#8220;x&#8221; is a valuable result for search term &#8220;y&#8221;, promotes the outlier higher in the list, where it attracts more attention, gets more clicks, and moves higher until it sticks at (or close to) the top of the results list.</p>
<p>You&#8217;ll notice, often in these cases if you search for &#8220;thematic synonyms&#8221; (say &#8220;how do I&#8221;, &#8220;how can one&#8221;, &#8220;how to&#8221;) there&#8217;s usually no sign of the oddity results - while others trends are clearly visible (for example all three of the above variants generally have results about losing weight in the top couple&#8230; which one would expect).</p></blockquote>
<p>And in related (heh) news - Denis also had a post I completely agree on about the <a href="http://heywriterboy.blogspot.com/2010/02/bon-temps-roulez.html">Google Superbowl Ad</a></p>
<p><object width="480" height="385"><param name="movie" value="http://www.youtube.com/v/6kx1p5-c4T0&#038;hl=en_US&#038;fs=1&#038;rel=0"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/6kx1p5-c4T0&#038;hl=en_US&#038;fs=1&#038;rel=0" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="480" height="385"></embed></object></p>
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		</item>
		<item>
		<title>Welcome Back!</title>
		<link>http://www.bradfox.com/blog/2009/11/welcome-back/</link>
		<comments>http://www.bradfox.com/blog/2009/11/welcome-back/#comments</comments>
		<pubDate>Sat, 28 Nov 2009 01:36:05 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[& etc.]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=1062</guid>
		<description><![CDATA[
Now THAT is how you re-launch a franchise. 

    

	]]></description>
			<content:encoded><![CDATA[<p><object width="600" height="355"><param name="movie" value="http://www.youtube.com/v/tgbNymZ7vqY&#038;hl=en_US&#038;fs=1&#038;rel=0&#038;color1=0x3a3a3a&#038;color2=0x999999&#038;hd=1"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/tgbNymZ7vqY&#038;hl=en_US&#038;fs=1&#038;rel=0&#038;color1=0x3a3a3a&#038;color2=0x999999&#038;hd=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="600" height="355"></embed></object></p>
<p>Now <strong><em>THAT</em></strong> is how you re-launch a franchise. </p>
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		<title>CRTC Issues Net Neutrality Decision</title>
		<link>http://www.bradfox.com/blog/2009/10/crtc-issues-net-neutrality-decision/</link>
		<comments>http://www.bradfox.com/blog/2009/10/crtc-issues-net-neutrality-decision/#comments</comments>
		<pubDate>Wed, 21 Oct 2009 19:12:35 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[A series of tubes]]></category>

		<category><![CDATA[media ramblings]]></category>

		<category><![CDATA[bell]]></category>

		<category><![CDATA[CRTC]]></category>

		<category><![CDATA[ISP]]></category>

		<category><![CDATA[net neutrality]]></category>

		<category><![CDATA[rogers]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=1053</guid>
		<description><![CDATA[The CRTC has issued their net neutrality decision. Personally, I&#8217;m a little dissapointed in the ruling. Michael Geist points out a couple of areas to feel good about the ruling, but I tend to agree with this quote given to the CBC by Public Interest Advisory Committee legal counsel John Lawford:
&#8220;It approves all of the [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_1054" class="wp-caption alignleft" style="width: 310px"><img src="http://www.bradfox.com/blog/wp-content/uploads/2009/10/sad-panda-300x200.jpg" alt="Submitted without comment." title="sad-panda" width="300" height="200" class="size-medium wp-image-1054" /><p class="wp-caption-text">Submitted without comment.</p></div>
<p>The <a href="http://www.crtc.gc.ca/eng/archive/2009/2009-657.htm">CRTC has issued their net neutrality decision</a>. Personally, I&#8217;m a little dissapointed in the ruling. <a href="http://www.michaelgeist.ca/content/view/4478/125/">Michael Geist points out a couple of areas to feel good</a> about the ruling, but I tend to agree with this quote <a href="http://license.icopyright.net/user/viewFreeUse.act?fuid=NTQ1ODgyMA==">given to the CBC</a> by Public Interest Advisory Committee legal counsel John Lawford:</p>
<blockquote><p>&#8220;It approves all of the throttling practices that ISPs currently engage in. It requires consumers to prove something funny is going on and consumers don&#8217;t have the means to figure out what ISPs are doing and they don&#8217;t have the resources to bring that to the commission&#8217;s attention,&#8221;</p></blockquote>
<p><span id="more-1053"></span></p>
<p>Where Geist is absolutely correct that this is a win, is that people are clearly talking about the issue now - and on the heels of <a href="http://www.canada.com/technology/Canada+Internet+lags+behind+other+countries+Study/2110189/story.html">Canada&#8217;s dismal showing in the recent FCC sponsored Berkman Center report</a> (22nd out of the 30 countries studied) hopefully digital issues will continue to gain momentum as a high profile political issue. </p>
<p>Also positive is the clear statement that the same guidelines should apply to wireless and wireline services - a clear signal that differentiations between the two categories of data service are increasingly negligible. </p>
<p>The CRTC has clearly left the door open to reevaluate this decision going forward, so we certainly haven&#8217;t heard the last on the neutrality front - no doubt with lots more challenges and counter-challenges and political bickering to come (political opinion will be especially interesting given the likely net neutrality legislation being brought forth in the US in coming weeks). All that is true, but I&#8217;d be lying if I said I wasn&#8217;t hoping for more hard and fast guidelines to restrict ISP&#8217;s traffic management practices going forward. </p>
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		<title>CRTC Lobbies for Expanded Consumer Copyright Protection</title>
		<link>http://www.bradfox.com/blog/2009/10/crtc-agrees-with-me/</link>
		<comments>http://www.bradfox.com/blog/2009/10/crtc-agrees-with-me/#comments</comments>
		<pubDate>Fri, 09 Oct 2009 19:26:07 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[copyright reform]]></category>

		<category><![CDATA[copyright]]></category>

		<category><![CDATA[CRTC]]></category>

		<category><![CDATA[format shifting]]></category>

		<category><![CDATA[time shifting]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=1046</guid>
		<description><![CDATA[Interesting story c/o Michael Geist that the CRTC filing to the Copyright consultation pretty much asks for the same private copyright concessions I think are a good idea for producers, primarily:

time shifting
format shifting
personal backup

Interesting read. 

    

	]]></description>
			<content:encoded><![CDATA[<p>Interesting story c/o Michael Geist that the <a href="http://www.michaelgeist.ca/content/view/4442/125/">CRTC filing to the Copyright consultation</a> pretty much asks for the same <a href="http://www.bradfox.com/blog/2009/08/progressive-copyright-part-2-whose-content-is-it/">private copyright concessions</a> I think are a good idea for producers, primarily:</p>
<ul>
<li>time shifting</li>
<li>format shifting</li>
<li>personal backup</li>
</ul>
<p>Interesting read. </p>
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		<title>Jeremy Hotz beat me to the joke!</title>
		<link>http://www.bradfox.com/blog/2009/10/jeremy-hotz-beat-me-to-the-joke/</link>
		<comments>http://www.bradfox.com/blog/2009/10/jeremy-hotz-beat-me-to-the-joke/#comments</comments>
		<pubDate>Sat, 03 Oct 2009 05:15:38 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=1037</guid>
		<description><![CDATA[Jeremy Hotz totally stole my joke this evening. Well, &#8220;beat me to the punch(line)&#8221; is more accurate. While accepting the Canadian Comedy Award for best male stand-up - he quipped something along the lines of: &#8220;Oh great, not winning a Canadian Comedy Award was all that kept me going. Not having one of these was [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_1040" class="wp-caption aligncenter" style="width: 610px"><a href="http://rocketace.ca/2009/10/rocket-ace-wins-canadian-comedy-award/"><img src="http://www.bradfox.com/blog/wp-content/uploads/2009/10/imponderables_and_rocket_ace_1.jpg" alt="What were they thinking?" title="What were they thinking?" width="600" height="382" class="size-full wp-image-1040" /></a><p class="wp-caption-text">What were they thinking?</p></div>
<p><a href="http://www.jeremyhotz.com">Jeremy Hotz</a> totally stole my joke this evening. Well, &#8220;beat me to the punch(line)&#8221; is more accurate. While accepting the Canadian Comedy Award for best male stand-up - he quipped something along the lines of: &#8220;Oh great, not winning a Canadian Comedy Award was all that kept me going. Not having one of these was all that got me out of bed each day.&#8221; While maybe not quite the same, the <a href="http://www.rocketace.ca">RocketAce</a>/<a href="http://www.theimponderables.com">Imponderables</a> super-group was racking up an impressive run of nominations for best web video without ever winning the thing (five, last time I checked). I was looking forward to adding to that tally - so I could continue to come up with tortured press release statements such as &#8220;Rocket Ace Moving Pictures has been <em>nominated</em> for more Canadian Comedy Awards <em>(in Internet-based comedy)</em> than anyone in history&#8221; - all the while avoiding broaching the fact we&#8217;d never been able to <em>seal the deal</em>.</p>
<p>Anyway - <a href="http://rocketace.ca/2009/10/rocket-ace-wins-canadian-comedy-award/">that&#8217;s all done now</a> - whatever will we do now? </p>
<p>Seriously - my sincerest thanks to the incredible RocketAce team (especially Matt, Erin, and Jay) and all the Imp&#8217;s. It&#8217;s not often you get anything for Internet-based comedy (other than a stack of YouTube commentors saying some questionable things about your mother&#8230; which&#8230; this is entirely different). </p>
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		<title>Calgary Flames Radio on the iPhone *Update*</title>
		<link>http://www.bradfox.com/blog/2009/09/calgary-flames-radio-on-the-iphone-update/</link>
		<comments>http://www.bradfox.com/blog/2009/09/calgary-flames-radio-on-the-iphone-update/#comments</comments>
		<pubDate>Fri, 25 Sep 2009 18:11:20 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=1025</guid>
		<description><![CDATA[
So we&#8217;re less than a week away from the start of another NHL season! Who&#8217;s excited? 
It&#8217;s been brought to my attention that my previous posts on how to get Flames broadcaster the Fan 960 on one&#8217;s iPhone/iTouch (it&#8217;s like a phone call from Peter Maher) is now out of date. 
Have no fear, the [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://en.wikipedia.org/wiki/Peter_Puck"><img src="http://www.bradfox.com/blog/wp-content/uploads/2009/09/peter-puck-300x270.jpg" alt="peter-puck" title="peter-puck" width="300" height="270" class="alignleft size-medium wp-image-1032" /></a></p>
<p>So we&#8217;re less than a week away from the start of another NHL season! Who&#8217;s excited? </p>
<p>It&#8217;s been brought to my attention that my <a href="http://www.bradfox.com/blog/2008/10/mobile-podcasts-and-internet-radio-on-the-iphone/">previous</a> <a href="http://www.bradfox.com/blog/2009/04/nhl-radio-on-the-iphone/">posts</a> on how to get Flames broadcaster the Fan 960 on one&#8217;s iPhone/iTouch (it&#8217;s like a phone call from Peter Maher) is now out of date. </p>
<p>Have no fear, the good folks at the Fan 960 have just changed their stream address, not locked out iPhone users&#8230; the new address is actually much easier to get than the old one since it&#8217;s actually in plaintext in the source code of the Flames audio player window (although, ironically, this seems to have entirely broken it&#8217;s compatibility with Mac laptops and desktops&#8230; well done). </p>
<p>The instructions (for those new to this whole &#8220;radio on the iPhone&#8221; thing): </p>
<ol>
<li>Download and install the excellent application <a href="http://phobos.apple.com/WebObjects/MZStore.woa/wa/viewSoftware?id=289892007&#038;mt=8">FStream</a> (either by clicking this link, or searching for it in the app store)</li>
<li>Start FStream and select “favourites”</li>
<li>click “edit” and then “Add new webradio”</li>
<li>For the “Name” box, enter whatever title you want (GoFlamesGo, YeahBaby, 2009isTheYear&#8230;)</li>
<li>Enter the following in the &#8220;URL&#8221; box:<br />
<strong><span style="font-family : arial, helvetica;">mms://a543.l8090152405.c80901.n.lm.akamaistream.net/D/543/80901/v0001/reflector:52405</span></strong><br />
(be careful about capitalization and punctuation&#8230; also notice the difference between the letter &#8220;l&#8221; and the number &#8220;1&#8243; which messed me up for a day before I realized my mistake). Then click &#8220;save&#8221;.</li>
<li>You’re done! Click on “play”, and your station should appear on the main screen. Tap it, and your iPhone will connect to and start streaming that station!</li>
</ol>
<p>The usual caveats apply - be careful about streaming radio when on the 3G network. I accidentally left my phone streaming in my car overnight one night and pulled down gigs of data&#8230; streaming audio is a good way to burn through your data allotment if you&#8217;re not paying attention. Then again, getting to listen to opening night while driving down the 401? Priceless! </p>
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		<title>Conmattanderins!</title>
		<link>http://www.bradfox.com/blog/2009/09/conmattanderins/</link>
		<comments>http://www.bradfox.com/blog/2009/09/conmattanderins/#comments</comments>
		<pubDate>Thu, 24 Sep 2009 22:27:32 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=1020</guid>
		<description><![CDATA[
See&#8230; it&#8217;s like &#8220;Congratulations&#8221; but with &#8220;Matt and Erin&#8221; mashed up in it&#8230;
Sorry - I&#8217;d meant to hang up the &#8220;gone fishing&#8221; sign that it&#8217;d be pretty quiet around these parts in September, what with an unusually heavy TIFF schedule (as if the festival&#8217;s normally a sedate time of year). Also you may have heard [...]]]></description>
			<content:encoded><![CDATA[<p><img src="http://www.bradfox.com/blog/wp-content/uploads/2009/09/mattander.jpg" alt="mattander" title="mattander" width="506" height="759" class="aligncenter size-full wp-image-1021" /></p>
<p>See&#8230; it&#8217;s like &#8220;Congratulations&#8221; but with &#8220;Matt and Erin&#8221; mashed up in it&#8230;</p>
<p>Sorry - I&#8217;d meant to hang up the &#8220;gone fishing&#8221; sign that it&#8217;d be pretty quiet around these parts in September, what with an unusually heavy TIFF schedule (as if the festival&#8217;s normally a <em>sedate</em> time of year). Also <a href="http://distinctoccasions.typepad.com/weddings/2009/09/love-plain-simple-1950s-chic-for-erin-matt.html">you may have heard there was this other social event going on</a>.</p>
<p>Congratulations to The Hoosies, whose big day was magical.</p>
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		<title>Cory Doctrow’s Consults on Canadian Copyright, Capice?</title>
		<link>http://www.bradfox.com/blog/2009/09/cory-doctrows-consults-on-canadian-copyright-capice/</link>
		<comments>http://www.bradfox.com/blog/2009/09/cory-doctrows-consults-on-canadian-copyright-capice/#comments</comments>
		<pubDate>Sat, 05 Sep 2009 02:14:52 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[copyright reform]]></category>

		<category><![CDATA[canada]]></category>

		<category><![CDATA[consultation]]></category>

		<category><![CDATA[copyright]]></category>

		<category><![CDATA[cory doctrow]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=1016</guid>
		<description><![CDATA[So apparently there&#8217;s this guy named Cory Doctrow who writes a lot about copyright? 
Seriously Doctrow&#8217;s submission is fascinating reading as you would expect from a man whose introduction requires four paragraphs just to broach the governing bodies, institutions, universities, and organizations he&#8217;s lectured on copyright at. 
Biggest shock in the article? 
(boingboing.net) is a [...]]]></description>
			<content:encoded><![CDATA[<p>So apparently there&#8217;s this guy named Cory Doctrow who writes a lot about copyright? </p>
<p>Seriously <a href="http://craphound.com/CanadianCopyrightConsultation.html">Doctrow&#8217;s submission is fascinating reading</a> as you would expect from a man whose introduction requires four paragraphs just to broach the governing bodies, institutions, universities, and organizations he&#8217;s lectured on copyright at. </p>
<p>Biggest shock in the article? </p>
<blockquote><p>(boingboing.net) is a daily blog with more than 3,000,000 regular unique readers. It is a profitable business based on the creation and dissemination of copyrighted works, and it is hosted on Canadian servers at 151 Front Street in Toronto. </p></blockquote>
<p>Really nice datacenter, but <em>expensive</em>. </p>
<p>(H/T some guy named <a href="http://www.michaelgeist.ca/content/view/4354/196/">Michael Geist</a>)</p>
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		<title>Progressive Copyright: Aftermath - The Non-Fight</title>
		<link>http://www.bradfox.com/blog/2009/09/progressive-copyright-aftermath-the-non-fight/</link>
		<comments>http://www.bradfox.com/blog/2009/09/progressive-copyright-aftermath-the-non-fight/#comments</comments>
		<pubDate>Sat, 05 Sep 2009 02:01:00 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[copyright reform]]></category>

		<category><![CDATA[media ramblings]]></category>

		<category><![CDATA[agreement]]></category>

		<category><![CDATA[copyright]]></category>

		<category><![CDATA[Denis Mcgrath]]></category>

		<category><![CDATA[fair copyright]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=1002</guid>
		<description><![CDATA[I just got a bizarre anonymous e-mail from someone who was (I think) interpreting yesterdays &#8220;Dead Things on Sticks&#8221; as if it was some kind of coded sub-textual-calling-out of everything I wrote on copyright last week. 
Firstly, I&#8217;m entirely certain if Denis had issue with something I wrote he&#8217;d pretty much just say so without [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_1007" class="wp-caption alignleft" style="width: 220px"><a href="http://www.coverbrowser.com/covers/fight-comics"><img src="http://www.bradfox.com/blog/wp-content/uploads/2009/09/fight_comics_1-210x300.jpg" alt="Wait, which one of us is the shirtless sailor in the hat? " title="fight_comics_1" width="210" height="300" class="size-medium wp-image-1007" /></a><p class="wp-caption-text">Wait, which one of us is the shirtless sailor in the hat? </p></div>
<p>I just got a bizarre anonymous e-mail from someone who was (I think) interpreting <a href="http://heywriterboy.blogspot.com/2009/09/reader-writes-copyright-conundrum.html">yesterdays &#8220;Dead Things on Sticks&#8221; as if it was some kind of coded sub-textual-calling-out of everything I wrote on copyright last week</a>. </p>
<p>Firstly, I&#8217;m entirely certain if Denis had issue with something I wrote he&#8217;d pretty much just say so without the need to concoct <em>elaborate ruses</em>. The man is a highly-skilled writer. Brevity, clarity, imagination and direct communication keep bread on his table. I am a producer, so bombast, wild speculation, and an unwavering belief in Platonic ideals are my stock in trade (the relative popularity of our blogs now starts to make sense). </p>
<p>Secondly, not only is Denis&#8217; post not some &#8220;fatal&#8221; counter-argument to my posts, I actually agree with most of it. </p>
<p>I think the confusion stems from the fact that I am in favour of shorter copyright terms - which my e-mail author took as blanket support for the &#8220;fair copyright / copyfight&#8221; movement that Denis was taking issue with. While it&#8217;s true I&#8217;d like shorter <em>default</em> terms, I also posted that I have no issue with an indefinite copyright - as long as some regular action is required by the copyright holders after a period of time. I don&#8217;t even really care about the &#8220;fee&#8221; system. Make the renewal hitting a button on a website, or sending a post-card to the Library of Canada. I really don&#8217;t honestly care if Disney wants to keep Mickey Mouse out of the public domain forever - I care about the vastly larger library of abandoned work which is swept up in gradually increasing terms. Any of my arguments along this line strictly stem from a belief that if a copyright interest had to be actively protected after a period of time (like a trademark interest) no matter how nominally - that would allow almost 100% of creative works to enter the public domain sooner. That rare, profitable, exception? Stay under copyright forever, for all I care. </p>
<p>By the same token my belief in the importance of end-user format shifting doesn&#8217;t come from some grand notion that &#8220;information wants to be free&#8221; it comes from sheer terror of a possible future where there are eight layers of distribution gatekeeper between me and every delivery platform, each wanting a cut out of decreasing revenues. </p>
<p>Improving creator access to works of questionable copyright (or protecting parody or satire)?  That&#8217;s not because of blind faith that some kind of sustainable free-content delivery model will be found&#8230; we just need to <em>look harder</em> - it comes from the fact that in certain situations content creators could have their ability to create strengthened  in ways that wouldn&#8217;t change any other creators profitability - in whatever distribution model they wish. </p>
<p>None of this is to say that I disagree with some of the tenants of the &#8220;fair copyright&#8221; movement. Audiences are changing radically. Delivery mechanisms are changing radically. Creative media of all stripes has been very bad at figuring out what this means (because for the most part we want to be creating creative works, and we already do enough stuff in the day that is &#8220;not creating creative works&#8221;). But as Denis points out - the existing system still allows (some) of us to eat. The proposed system does not. It &#8220;may&#8221;, but that&#8217;s not a terribly compelling argument given the state of my credit card balance. </p>
<p>One last point where, I suspect, Denis and I agree completely is that this argument (while valuable, and nice to engage in) is mostly moot as the most likely bill will essentially be a coat of paint to address distributor interests and ignore both creator and audience issues in their entirely so everyone can go home unhappy. </p>
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		<title>Progressive Copyright: Part III - Remember when it was about creating content? No? Me neither.</title>
		<link>http://www.bradfox.com/blog/2009/09/progressive-copyright-part-iii-creating-content/</link>
		<comments>http://www.bradfox.com/blog/2009/09/progressive-copyright-part-iii-creating-content/#comments</comments>
		<pubDate>Tue, 01 Sep 2009 08:00:09 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[copyright reform]]></category>

		<category><![CDATA[media ramblings]]></category>

		<category><![CDATA[canada]]></category>

		<category><![CDATA[content creation]]></category>

		<category><![CDATA[copyright]]></category>

		<category><![CDATA[creative content]]></category>

		<category><![CDATA[fair dealing]]></category>

		<category><![CDATA[fair use]]></category>

		<category><![CDATA[parody]]></category>

		<category><![CDATA[public domain]]></category>

		<category><![CDATA[public works]]></category>

		<category><![CDATA[satire]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=984</guid>
		<description><![CDATA[So back in part one of this little jaunt into what a truly &#8220;progressive&#8221; copyright might actually look like, we looked at how the commercial landscape of media has changed, with (mostly) shorter commercial lifetimes for creative content. In part two we looked at how the audience and delivery mechanisms have changed, generally allowing direct [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_998" class="wp-caption alignleft" style="width: 310px"><a href="http://www.flickr.com/photos/mctrent/2523607221/"><img src="http://www.bradfox.com/blog/wp-content/uploads/2009/09/redacted-300x200.jpg" alt="original (uncensored) photograph by Trent McBride" title="[redacted]" width="300" height="200" class="size-medium wp-image-998" /></a><p class="wp-caption-text">original (uncensored) photograph by Trent McBride</p></div>
<p>So back in <a href="http://www.bradfox.com/blog/2009/08/progressive-copyright-part-i-term-limits-for-everyone/">part on</a>e of this little jaunt into what a truly &#8220;progressive&#8221; copyright might actually look like, we looked at how the commercial landscape of media has changed, with (mostly) shorter commercial lifetimes for creative content. In <a href="http://www.bradfox.com/blog/2009/08/progressive-copyright-part-2-whose-content-is-it/">part two</a> we looked at how the audience and delivery mechanisms have changed, generally allowing direct access to a larger audience - but much more fragmented, and with the possibility for much more corporate gatekeeping.  So the obvious concluding point is how creative content itself has changed - and how that could be reflected in truly progressive copyright reform.</p>
<p>To make grandiose statements about &#8220;the future of content creation&#8221; for any field, let alone <em>all creative fields</em> is a little bit above my pay-grade - so I&#8217;m going to try and stick to (banal) generalities - but I&#8217;m going somewhere - hang in there. </p>
<p>Across the board the following applies to creative content: </p>
<ul>
<li>Technological advance is lowering the barrier to entry</li>
<li>Content creation is beoming smaller-scale and more mobile</li>
<li>Cross-discipline collaboration is increasing</li>
<li>Derivative works are far more common</li>
</ul>
<p>Nothing earth-shaking there right? In fact you could probably say the same truths have <em>always</em> been applicable to any creative field. They would have applied to Film in the 1920s (or book publishing in the 1500s) as easily as the last decade. But the pace of change is accelerating. In the 80s and early 90s many people were still using the same post-production techniques (with physical film and magnetic tape) that had been used in film for over forty years. In the subsequent time that entire model has been discarded and replaced with a digital video and sound editing workflow - and in the last five years 2k (and now 4k) video and Digital Internegatives have again entirely revamped the concept of &#8220;highest quality&#8221;. At the same time mash-up, re-purposing, and commentary are far more common. From Mystery-Science Theatre, to the Daily Show, to Todd Haynes seminal &#8220;Superstar&#8221; - using (and abusing) media in different ways is far more extensive. </p>
<p>The picture I&#8217;m trying to paint here is that the landscape for creating content is radically different than it was even ten years ago - and obviously copyright legislation has not even come close to keeping up. Nor is anyone actually discussing how it <em>could</em> keep up given that the act of creating content is now so different. Given what we talked about in part 1 and 2 - why is it that the debate about copyright has been monopolized by distributor interests while creator interests have comparatively little voice? Here&#8217;s a couple creator-friendly ideas that would be truly &#8220;progressive&#8221;</p>
<p><strong>1. Legal protection for Parody and Satire</strong><br />
There are a number of ways that Canada&#8217;s &#8220;fair dealing&#8221; allowances under copyright are far more restrictive than the US&#8217;s &#8220;fair use&#8221;. I was close to making this point &#8220;Completely overhaul &#8220;fair dealing&#8221;. Instead I  decided to focus on the two biggest points in my personal hit list - that there&#8217;s absolutely no protection for Parody or Satire under Canadian law. While there&#8217;s no history of people being prosecuted because of this oversight why is no one talking about the fact that groundbreaking programming like &#8220;The Daily Show&#8221;, or mid-80s &#8220;Saturday Night Live&#8221;, or 70s &#8220;Mad&#8221; Magazine probably wouldn&#8217;t meet the letter of Canadian copyright law?</p>
<p><strong>2. Clarification of &#8220;Public&#8221; Works</strong><br />
One of the biggest headaches for any artist is controlling what is actually &#8220;in the frame&#8221; and what isn&#8217;t. Back when all artists (photographers, musicians, filmmakers) had to work entirely in purpose-built studios it was very easy to control each individual element in a work, but now it is much more complex. I took a photograph out on the street the other day which contained (entirely outside of the subject of the photograph): a billboard, a streetcar, a graffiti mural, a bunch of concert fliers, a guy with a tattoo, someone walking a dog. Who has the copyright in the photograph? <em>[Edit - this was badly stated, what I should have said is "How do I safely use this photograph as, or as part of, a creative work?" see the comments below ]</em> While not the focus of my piece there are dozens of competing intellectual property interests in that photo from the big to the small. If that snapshot became particularly iconic  (say <a href="http://www.dailymail.co.uk/news/article-474893/Mystery-sailor-famed-VJ-day-kiss-New-Yorks-Times-Square-identified.html">like so</a>) how long until all of those elements hinder its exploitation? The tattoo artist&#8217;s original design? The couture clothing on the passer-by? This may all seem pie-in-the-sky, but I&#8217;ve seen entire films derailed by (for example) a mural artist suddenly surfacing wanting to be paid for a work of theirs on a wall in the background of a shot on a public street&#8230; even the question of clearances for large crowds in documentaries is messy. What would be great is clear copyright wording that putting any work in a place generally accessible to the public limits your right to claim a copyright interest in a derivative work.<em> [Edit - I think I also clarify this point better in the comments ]</em> This is essentially how the law works with building architecture, thankfully, so that you don&#8217;t need approval from a litany of architects to take a photograph of, say, the New York skyline. </p>
<p><strong>3. &#8220;Best Efforts&#8221; copyright clearance</strong><br />
This one&#8217;s a little radical - but I like it a lot.  There is a wealth of material, still under copyright which is essentially abandoned and (because of those increasing terms) not entering the public domain. Wouldn&#8217;t it be progressive to set out some &#8220;best efforts&#8221; guidelines that - if followed, and no copyright holder can be found - would allow an artist to consider that work allowable for them to use? Now I&#8217;m not advocating for something willy-nilly, but rather if an artist makes a concerted effort to meet certain concrete guidelines (with appropriate backup to prove what legwork they put in) that would provide them some shelter from a future lawsuit. For example - there&#8217;s a song we really wanted to use in a show from a band that broke up. We managed to track down the distributor who suggested, in writing, that given everything he knew about the band that wouldn&#8217;t be a problem. We managed to track down most of the band, who were agreeable - but since nobody could locate the lead singer, we couldn&#8217;t use it.  This one would take a little finessing but could be a major shift in the concept of copyright. Like my thoughts on term, I think that copyright should require some modicum of investment by the creator instead of being an automatic block on use by other creators. That investment could be as minor as being publicly listed in the phonebook, updating your author record with the Library of Canada, or having distributors and publishers have to publicly list a &#8220;contact person&#8221; when they go out of business. </p>
<p>So there&#8217;s just a number of ways that I would love to be discussing a national approach to copyright to solidify the footing for content creators. Unfortunately, as I discussed at the beginning of this series, I&#8217;m not terribly hopeful that we&#8217;re going to get anything more than the usual annual <a href="http://heywriterboy.blogspot.com/2009/08/how-can-it-be-copyright-when-it-feels.html">lip service to the same old distribution gripes</a> - so in a few months we&#8217;ll be back talking about media taxes, term increases, consumer rights reductions, American style DMCA provisions and the like. </p>
<p>It&#8217;s hard to argue why the public should be passionate about copyright when the debate has been almost entirely steered into a corner that is of interest to such a small subset of (generally) corporate interests (and I don&#8217;t mean to imply that the distributors don&#8217;t have legitimate grievances&#8230; but that any sense of balance between creator and corporate interest has been lost). </p>
<p>Am I hopeful for whatever comes out of the copyright consultation? Not especially, but it would be great to be surprised. Now <em>that</em> would be progressive. </p>
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		<title>+1 for Truth / +1 for Nightmarefuel</title>
		<link>http://www.bradfox.com/blog/2009/08/1-for-truth-1-for-nightmarefuel/</link>
		<comments>http://www.bradfox.com/blog/2009/08/1-for-truth-1-for-nightmarefuel/#comments</comments>
		<pubDate>Fri, 28 Aug 2009 17:22:54 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[welcome to the future]]></category>

		<category><![CDATA[creepy robots]]></category>

		<category><![CDATA[insight]]></category>

		<category><![CDATA[nighmarefuel]]></category>

		<category><![CDATA[truism]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=991</guid>
		<description><![CDATA[First, brilliant insight: 
someone saying they&#8217;re going to look at YouTube comments is like watching a secondary character in a slasher film decide to wander off into a darkened hallway. You can&#8217;t help but think &#8220;no, you idiot, don&#8217;t do it!&#8221; - Mike Sterling
I&#8217;ll post the third part of my copyright overview this weekend - [...]]]></description>
			<content:encoded><![CDATA[<p>First, brilliant insight: </p>
<blockquote><p>someone saying they&#8217;re going to look at YouTube comments is like watching a secondary character in a slasher film decide to wander off into a darkened hallway. You can&#8217;t help but think &#8220;no, you idiot, don&#8217;t do it!&#8221; - <a href="http://www.progressiveruin.com/2009_08_23_archive.html">Mike Sterling</a></p></blockquote>
<p>I&#8217;ll post the third part of my copyright overview this weekend - In the meantime please amuse yourself with the amazing/creepy/amazingly creepy WAHHA GO GO:</p>
<p><object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/itmLxjMQdHE&#038;color1=0xb1b1b1&#038;color2=0xcfcfcf&#038;hl=en&#038;feature=player_embedded&#038;fs=1"></param><param name="allowFullScreen" value="true"></param><param name="allowScriptAccess" value="always"></param><embed src="http://www.youtube.com/v/itmLxjMQdHE&#038;color1=0xb1b1b1&#038;color2=0xcfcfcf&#038;hl=en&#038;feature=player_embedded&#038;fs=1" type="application/x-shockwave-flash" allowfullscreen="true" allowScriptAccess="always" width="425" height="344"></embed></object></p>
<p>(WAHHA GO GO H/T <a href="http://gizmodo.com/5347751/do-even-the-japanese-understand-japan-sometimes">Gizmodo</a> via <a href="http://twitter.com/donttrythis/status/3597724374">Adam Savage</a>)</p>
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		<title>Progressive Copyright: Part II - Whose Content Is It?</title>
		<link>http://www.bradfox.com/blog/2009/08/progressive-copyright-part-2-whose-content-is-it/</link>
		<comments>http://www.bradfox.com/blog/2009/08/progressive-copyright-part-2-whose-content-is-it/#comments</comments>
		<pubDate>Thu, 20 Aug 2009 08:00:13 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[copyright reform]]></category>

		<category><![CDATA[media ramblings]]></category>

		<category><![CDATA[backup rights]]></category>

		<category><![CDATA[c-60]]></category>

		<category><![CDATA[C-61]]></category>

		<category><![CDATA[canda]]></category>

		<category><![CDATA[copyright]]></category>

		<category><![CDATA[format conversion]]></category>

		<category><![CDATA[obsolete formats]]></category>

		<category><![CDATA[progressive reform]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=977</guid>
		<description><![CDATA[So in part one of this three part series I wrote about how the commercial lifetime of content is shorter than ever before (awesome). Now lets look at the equivalent bummer on the consumer side; How content delivery formats are obsolete faster than ever.
This shouldn&#8217;t come as a surprise to anyone. Just look at recent [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_978" class="wp-caption alignleft" style="width: 310px"><a href="http://www.flickr.com/photos/makelessnoise/203559383/"><img class="size-medium wp-image-978" title="203559383_2b03cbae88_o" src="http://www.bradfox.com/blog/wp-content/uploads/2009/08/203559383_2b03cbae88_o-300x185.jpg" alt="photo credit: makelessnoise" width="300" height="185" /></a><p class="wp-caption-text">photo credit: makelessnoise</p></div>
<p>So in <a href="http://www.bradfox.com/blog/2009/08/progressive-copyright-part-i-term-limits-for-everyone/">part one</a> of this three part series I wrote about how the commercial lifetime of content is shorter than ever before (awesome). Now lets look at the equivalent bummer on the consumer side; How content delivery formats are <em>obsolete</em> faster than ever.</p>
<p>This shouldn&#8217;t come as a surprise to anyone. Just look at recent history, the venerable VHS format had nearly a thirty year run before being deposed by the &#8220;next best thing&#8221; (to say nothing of vinyl records eight decade run as king-of-the-hill for audiophiles).  DVD, on the other hand (while still going strong) is less than ten years old as a widespread commercial format. Poor old UMD barely lasted three years (as a movie format, I know it&#8217;s still hanging on, sort of,  as a software format). Then we look to a myriad of digital codecs and wrappers all of which are constantly evolving. Heck even a set standard like &#8220;high definition television&#8221; can barely go a few years without changing (from &gt;480i to 720p, to 1080i, to 1080p, to 2k, to 4k&#8230;).</p>
<p>All of this is to say that if I ever dug out my old <a href="http://en.wikipedia.org/wiki/Iomega_Zip_drive">Iomega Zip Drive</a> and got it running (and could find a compatible computer with a SCSI port to connect it to, and an operating system that would recognize it) I&#8217;d STILL have a hard time finding a player to handle whatever variety of RealMedia was popular ten years ago.</p>
<p>Consumers have been very well served for years by the provisions in various copyright legislations that allow for making &#8220;backups for personal use&#8221; (or similar) of works they have legally purchased. While these clauses were initially put in because of the unreliability of new media formats (early tape-based media was really unreliable - they&#8217;d snap all the time, so you better make sure you made a dub of your wedding before you sit down to watch your irreplaceable cassette) they instead came to serve as proxies for protecting consumer interest in maintaining the ability to view and transfer legally purchased media.</p>
<p>So what would a truly progressive copyright legislation do to address this?</p>
<p><strong><br />
2. Enshrine the consumers right to transfer their interest in a work they have  legally purchased to any format they choose (and are able) to. </strong></p>
<p>This isn&#8217;t just semantics. The &#8220;Holy Grail&#8221; for many (short sighted) content producers is to sell consumers the same product as many times as possible (hey <em>someone</em> bought the Beatles on LP, 8-track, cassette, MD, CD, DVD 5.1, DVD 7.1, and Beatles: Rock Band&#8230;) but this is leading us to a very scary tipping point. As I wrote, extensively in relation to bill C-61 <a href="http://www.bradfox.com/blog/2008/07/bill-c-61-isnt-great-for-producers-either/">limiting private, non-commercial usages of legally-purchased works enhances the power of the distributors and decreases the power of the content producers</a>. This creates a situation that encourages platforms to be more closed, creators to have far less say in how their work is distributed, and the majority of the profit goes to the gatekeepers who control access to audiences, not the actual copyright holder.</p>
<p>Plus this type of ecosystem would encourage the creation of formats, devices, and platforms that are similarly closed and controlled, because - hey - big bucks to be had.</p>
<p>The prime example I usually give to explain this point is that I can, currently, sell a DVD on my website and know that it&#8217;s going to be appealing to people with DVD players, computers, iPods, PSP&#8217;s, those cool Archos player-things&#8230; in short a huge percentage of the potential video-watching market.</p>
<p>If audiences are restricted to only view content on the format that I deliver it to them (DVD players), I now have to negotiate a litany of deals with a number of distributors if I want to reach a similar audience (except each of those gatekeepers will want a significant cut of revenue for the privilege of access to &#8220;their&#8221; audiences).</p>
<p>As a content producer, I&#8217;m profoundly unconformable with the latter scenario. I don&#8217;t want to &lt;em&gt;have&lt;/em&gt; to do a deal with Microsoft to sell a video to someone with an XBox. I don&#8217;t want to have iTunes being the only allowable source of media for iPods. If future platforms close for consumers, they close for creators as well - likely permanently because there&#8217;s little interest in platform owners for doing &#8220;one-off&#8221; deals (talk to any band that&#8217;s ever tried to get a &lt;em&gt;single &lt;/em&gt; album on iTunes directly - they have to go through aggregators who cut bulk deals - and take an additional profit share).</p>
<p>By the same token this is brutal environment for customers. Why should I buy *anything* when it&#8217;s likely the format or platform is going to be obsolete within a few years? When the PlayStation4 comes out, what happens to my &#8220;Rock Band&#8221; music?</p>
<p>While buying a DVD of a movie doesn&#8217;t give me the right to do <em>whatever</em> I want with it, is it unreasonable to think I should be able to privately watch that movie a few years later? And is it unreasonable to think that I might have to port that movie into a different format or platform than the one I originally purchased it for in order to do so?</p>
<p>So for truly progressive copyright legislation let&#8217;s actually call a spade a spade and put that in the law. No more arguing if ripping a DVD to an iPhone constitutes &#8220;making a backup&#8221; - go ahead and make sure the consumer right to migrate their data is clear. That may mean allowing circumventing copyright protection, provided that the intent isn&#8217;t to infringe. I know producers cringe at that but they&#8217;re not seeing the real boogeyman on the other side, which is that every controlled platform is one they can&#8217;t easily access. Without this protection &#8220;buying&#8221; legitimate product becomes, essentially, a longer-term rental - and far less desirable to consumers, creating a chilling effect on all legitimate media sales.</p>
<p>By the same token, allowing users the right to port their content encourages platform and device makers to embrace that portability. What are you going to buy - a future media player to which you can easily import your existing songs and movies, or one where you&#8217;ll have to re-buy everything in some weird proprietary format that probably won&#8217;t be around a year from now? Open formats also encourage legitimate purchases as an investment in a library that has more than a shelf-life of a few months or years.</p>
<p>This is a win/win for both content creators and content audiences - and ensures that both have can benefit as platforms, formats, and delivery mechanisms continue to evolve at a breakneck pace. Sounds progressive to me.</p>
<p>Tomorrow - Fair whatnow?</p>
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		<title>Progressive Copyright: Part I - Term Limits for Everyone</title>
		<link>http://www.bradfox.com/blog/2009/08/progressive-copyright-part-i-term-limits-for-everyone/</link>
		<comments>http://www.bradfox.com/blog/2009/08/progressive-copyright-part-i-term-limits-for-everyone/#comments</comments>
		<pubDate>Wed, 19 Aug 2009 01:00:01 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[copyright reform]]></category>

		<category><![CDATA[media ramblings]]></category>

		<category><![CDATA[c-60]]></category>

		<category><![CDATA[C-61]]></category>

		<category><![CDATA[canada]]></category>

		<category><![CDATA[commercial exploitation window]]></category>

		<category><![CDATA[copyright]]></category>

		<category><![CDATA[film]]></category>

		<category><![CDATA[library]]></category>

		<category><![CDATA[movies]]></category>

		<category><![CDATA[public consultation]]></category>

		<category><![CDATA[term limit]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=971</guid>
		<description><![CDATA[I&#8217;ve been staying out of most of the hubub surrounding the government&#8217;s copyright consultation partly because I&#8217;m trying to save energy for looking at actual proposed legislation (which is where the battle-lines will really matter), and partly because I&#8217;ve been busy. It&#8217;s not that I don&#8217;t appreciate the veneer of &#8220;public consultation&#8221; by the government [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_973" class="wp-caption alignleft" style="width: 304px"><img class="size-full wp-image-973" title="copyright" src="http://www.bradfox.com/blog/wp-content/uploads/2009/08/copyright.gif" alt="C is for cookie" width="294" height="292" /><p class="wp-caption-text">C is for cookie</p></div>
<p>I&#8217;ve been staying out of most of the hubub surrounding the <a href="http://copyright.econsultation.ca">government&#8217;s copyright consultation</a> partly because I&#8217;m trying to save energy for looking at actual proposed legislation (which is where the battle-lines will really matter), and partly because I&#8217;ve been busy. It&#8217;s not that I don&#8217;t appreciate the veneer of &#8220;public consultation&#8221; by the government in this go round&#8230; I&#8217;m just very, very, cynical given the last two attempts (to be fair, by two entirely different parties).</p>
<p>However, I do think it&#8217;s important for all Canadian&#8217;s to discuss what their ideal copyright approach looks like&#8230; and it does say &#8220;copyright&#8221; up there in the header so I&#8217;d be a hypocrite not to at least lay out some initial thoughts as we start this, likely, long process.</p>
<p>While I certainly have lots of thoughts about policy minutia (to WIPO, or not to WIPO&#8230; notice and notice vs. notice and takedown&#8230; etc) I think what I&#8217;d really want to focus on is the broad-strokes of three areas where copyright legislation could actually be &#8220;progressive&#8221;, and almost certainly won&#8217;t be. And this week I&#8217;ll look at each of them in turn.</p>
<p>First off, the standard disclaimer (which everyone ignored in the C-61 flamewars): I make the majority of my living from the exploitation of copyright works. Something north of 80%. And I spend most of my free time <em>creating</em> copyrighted works. I enjoy selling copyrighted works for money. Lots of money.</p>
<p>It&#8217;s not that I don&#8217;t enjoy being repeatedly called a piracy apologist, or whatever, but the fact that I&#8217;m entirely dependant on strong, enforceable, copyright to buy groceries isn&#8217;t exactly <a href="http://www.bradfox.com/blog/about/">a big secret</a>.</p>
<p><strong>1. Reduction of overall copyright term</strong></p>
<p>Yeah, I know this one isn&#8217;t going to make me many friends with the brotherhood of producers and distributors, but the dirty little secret of the industry is that in the <em>vast</em> majority of cases the exploitable commercial life of content is far shorter now than it has ever been.</p>
<p>Back when the groundwork for this magical concept of &#8220;copyright&#8221; was laid out, it took a <em>long</em> time to fully exploit a work. If you were an author, publishing a book globally could often take your lifetime (and beyond) as it involved negotiating deals with a litany of companies that controlled very small geographic territories. Film was no different - producers literally used to be able to throw a single print of their film in the trunk of a car and drive it from territory to territory showing their film at each in turn (heck even producers as recent as Uwe Boll and Warren Miller started this way). Once a country was tapped out, you could then go to the next country, and the next, and then rental video sales, and then home video sales, and finally television and library sales. It was a long process.</p>
<p>A digression - this is also why so many industries still have such archaic region controls. I remember visiting England in 1995 or so and the amount of films that were out in the UK, but not Canada was mind-boggling. I would have spent a small fortune on movies, if it were not for the pesky PAL format (which begat region-coded DVD&#8217;s).</p>
<p>The new reality however is that theatrical releases are often (close to) simultaneous. Non-US distributors often want to benefit from the massive PR machines of the US studios, and therefore want to release films as close to their US openings as possible. Similarly home video and television licensees also now want to get product to market as close to the theatrical window as possible. The constant influx of new movies and the move to &#8220;event&#8221; cinema (you don&#8217;t go &#8220;to the movies&#8221; you go &#8220;to see movie X&#8221;) means films are staying in theatres for shorter times (runs of five MONTHS or longer were possible in the 40s and 50s when popular films would play in a limited number of movie houses - currently there isn&#8217;t a single film in the top 10 box office who have been running for more than 5 weeks&#8230; and almost all films with more than a 15 week run are IMAX or 3D films which are the exception which proves the rule as there are so few of them, comparitively).</p>
<p>Even &#8220;library&#8221; sales (bulk distributor sales for things like discount DVD, Hulu, on-demand video, iTunes catalog titles&#8230;) are a fraction of what they once were, even if the overall sector is growing. Just to make up some numbers - If iTunes doubles the number of available movies - and profit increases 25% - each movie is making 40% less. And unless you have an infinite number of movies, the trend will just continue. Now add in there isn&#8217;t just more movies available on-line, but also on television, on pay-per-view, at retail, on specialty websites and the trend just gets worse. The &#8220;pervasive&#8221; video library (all films an individual consumer has access to, through all channels, in all media) is exponentially larger now than 10 years ago, and therefore the overall value of each has substantially decreased. This is kind of a &#8220;reverse long tail&#8221; situation. Certain, niche, works have much more access to audience than ever before, but the corrolary to that is an overall decrease in value of all individual films.  The more titles available in *any* media in perpituity, the less likely you are to make any noticeable revenue off them.</p>
<p>So if you combine all of this into one package, you&#8217;re left with the result that the &#8220;commercial lifetime&#8221; of a creative work (and I have no reason to beleive that literature, music, and computer software don&#8217;t follow the same overall trends - if not the specific waypoints) is shorter than it&#8217;s ever been&#8230; and yet copyright terms continue to be lengthened as a nod to &#8220;progressiveness&#8221;.</p>
<p>The fact remains that lengthy copyright terms are in the best interests of a very small number of copyrighted works - the Disney&#8217;s, and &#8220;Harry Potters&#8221; and &#8220;Lord of the Rings&#8221; of the world - while for the vast, <em>vast</em> majority of copyrighted works the commercial potential of them are very short (there are, obviously exceptions - early works of artists who later gain notoriety are a prime exception, such as visual artists (painters, sculptors) - but in these cases there is also often physical scarcity of their works).</p>
<p>The unintended consequence of continually lengthening copyright is, of course, that works never enter the public domain. I&#8217;ve written before that a huge percentage of our cultural heritage (particularly film, radio, and television) are rotting away in storage because no one wants to take the risk of refurbishing them only to have &#8220;submarine&#8221; copyright holders surface. This has been especially troubling in the case of film restoration and archiving in the US.</p>
<p>It&#8217;s also ironic that as, culturally, we create more (and more interesting) ways to &#8220;mash up&#8221; and re-purpose existing media works, we&#8217;re making it harder to access the raw materials to do so (I&#8217;m going to talk about this a lot more in Part 3 of this series).</p>
<p>A truly progressive response to this global situation would actually be quite easy: Drastically reduce the standard period of copyright (I don&#8217;t think 15 years from date of release is out of line personally), but make copyright constantly renewable in 5 year increments thereafter for a nominal charge. In this way the valuable, corporate, properties such as Mikey Mouse, who still have exploitable value, can be protected (heck extend copyright indefinitely if the owner is willing to keep paying the renewal) while the vast majority of works enter the public domain much sooner than they otherwise would when they are, by all likelyhood, exploitable.</p>
<p>The huge growth of voluntary copyright licensing schemes such as <a href="http://www.creativecommons.com">Creative Commons</a> shows that the creative sector can be educated in the value of voluntarily relaxing their copyright interest in the project (for both their good, and the broader public interest) so why not mirror that same growing principle in legislation?</p>
<p>Now THAT would be progressive.</p>
<p>Up Next: Consumer Rights in the 21st Century</p>
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		<title>Two Sides of Walter Cronkite</title>
		<link>http://www.bradfox.com/blog/2009/07/two-sides-of-walter-cronkite/</link>
		<comments>http://www.bradfox.com/blog/2009/07/two-sides-of-walter-cronkite/#comments</comments>
		<pubDate>Mon, 20 Jul 2009 23:00:59 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[so long]]></category>

		<category><![CDATA[news]]></category>

		<category><![CDATA[television]]></category>

		<category><![CDATA[Uncle Walter]]></category>

		<category><![CDATA[Walter Cronkite]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=968</guid>
		<description><![CDATA[I wasn&#8217;t going to post anything about Walter Cronkite as I don&#8217;t have any really interesting oversight - but I&#8217;ve ironically found some of the &#8220;official&#8221; reportage shallow. 
Instead I urge you to do the following: 
1. Read Howard Bernstein&#8217;s remembrance - it covers not just Cronkite, but sets the stage for what the television [...]]]></description>
			<content:encoded><![CDATA[<p>I wasn&#8217;t going to post anything about Walter Cronkite as I don&#8217;t have any really interesting oversight - but I&#8217;ve ironically found some of the &#8220;official&#8221; reportage shallow. </p>
<p>Instead I urge you to do the following: </p>
<p>1. Read <a href="http://hlbtoo.wordpress.com/2009/07/18/walter-cronkite-and-the-golden-age-of-tv-news/">Howard Bernstein</a>&#8217;s remembrance - it covers not just Cronkite, but sets the stage for what the television news <em>was</em> during the 60s and 70s. What it meant and to how many (Bernstein doesn&#8217;t point out this is a double-edged sword - while the modern news landscape is absolutely harder for the production of quality television journalism, it&#8217;s also a system with fewer individual egos and opinions as choking points). </p>
<p>2. Watch the following five minute clip of the newscast of the JFK assisnation. Not just the bullet points or the catch-phrases that modern audiences are used to seeing julianned up in documentaries or television specials - but of what news <em>was like</em> at the time. When I think of Walter Cronkite I always think of those few seconds around 5:18 (after he announces the time) where for a few moments you get the sense of the burden on a single man tasked with interpreting a nonsensical world for a nation. </p>
<p><object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/2K8Q3cqGs7I&#038;hl=en&#038;fs=1&#038;"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/2K8Q3cqGs7I&#038;hl=en&#038;fs=1&#038;" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object></p>
<p>Imagine if all the favourite journalists, columnists, editorialists, bloggers, and talking heads of everyone you know was the same person. That person was Walter Cronkite.  Godspeed. </p>
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		<title>A Modest Proposal for Waste Management</title>
		<link>http://www.bradfox.com/blog/2009/07/a-modest-proposal-for-waste-management/</link>
		<comments>http://www.bradfox.com/blog/2009/07/a-modest-proposal-for-waste-management/#comments</comments>
		<pubDate>Sat, 18 Jul 2009 08:00:20 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[& etc.]]></category>

		<category><![CDATA[bad ideas from the 1970s]]></category>

		<category><![CDATA[explosives]]></category>

		<category><![CDATA[sperm whales]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=961</guid>
		<description><![CDATA[As Toronto&#8217;s garbage strike enters it&#8217;s 27th day, might I suggest we look to the 1970s for bold leadership on how to dispose of refuse? 

(H/T to Roderto for the e-mail)

    

	]]></description>
			<content:encoded><![CDATA[<p>As Toronto&#8217;s garbage strike enters it&#8217;s 27th day, might I suggest we look to the 1970s for bold leadership on how to dispose of refuse? </p>
<p><object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/GkZottYDpEE&#038;hl=en&#038;fs=1&#038;"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/GkZottYDpEE&#038;hl=en&#038;fs=1&#038;" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object></p>
<p>(H/T to Roderto for the e-mail)</p>
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		<title>Canadian Comedy Awards (2009 Edition)!</title>
		<link>http://www.bradfox.com/blog/2009/07/canadian-comedy-awards-2009-edition/</link>
		<comments>http://www.bradfox.com/blog/2009/07/canadian-comedy-awards-2009-edition/#comments</comments>
		<pubDate>Fri, 17 Jul 2009 21:54:13 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[shameless self promotion]]></category>

		<category><![CDATA[canadian comedy awards]]></category>

		<category><![CDATA[comedy]]></category>

		<category><![CDATA[rocket ace moving pictures]]></category>

		<category><![CDATA[rocketace]]></category>

		<category><![CDATA[the imponderables]]></category>

		<category><![CDATA[viral videos]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=955</guid>
		<description><![CDATA[


Great Caesars Ghost! The Rocket Ace Moving Pictures / Imponderables superteam just keeps on trucking. We&#8217;re very happy to announce that three of our silly viral videos have been nominated for Canadian Comedy Awards in the &#8220;Pretty Funny Web-Video&#8221; category. That&#8217;s absolutely amazing and it&#8217;s great to see short-form-new-media-comedy get recognized at the venerable awards. [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://ccavoting.com/register.php"><img src="http://www.rocketace.ca/images/cca_sm_violator.jpg" alt="The Violator is nominated for a Canadian Comedy Award - Vote Here!" /></a><br />
<a href="http://ccavoting.com/register.php"><img src="http://www.rocketace.ca/images/cca_sm_mushmouth.jpg" alt="Mushmouth is nominated for a Canadian Comedy Award - Vote Here!" /></a><br />
<a href="http://ccavoting.com/register.php"><img src="http://www.rocketace.ca/images/cca_sm_basement.jpg" alt="Basement Accident is nominated for a Canadian Comedy Award - Vote Here!" /></a></p>
<p>Great Caesars Ghost! The <a href="http://www.rocketace.ca">Rocket Ace Moving Pictures</a> / <a href="http://www.theimponderables.com">Imponderables</a> superteam just keeps on trucking. We&#8217;re very happy to announce that <strong>three</strong> of our silly viral videos have been nominated for <a href="http://www.ccavoting.com">Canadian Comedy Awards</a> in the &#8220;Pretty Funny Web-Video&#8221; category. That&#8217;s absolutely amazing and it&#8217;s great to see short-form-new-media-comedy get recognized at the venerable awards. </p>
<p>&#8220;Web-Video&#8221; is one of the categories that&#8217;s open for public voting, if you&#8217;re a Canadian citizen or resident (and are inclined to do so) head over to the <a href="http://www.ccavoting.com">CCAvoting.com</a> website to vote for your favourite clip.  If you&#8217;d like to support one of ours - we&#8217;re encouraging RocketAce/Imps fans to vote for &#8220;The Violator&#8221; so as not to split our vote. We love all the nominees equally (this is a lie - I, personally, have a favourite, but I&#8217;m not saying which) - but &#8220;Violator&#8221; has been, by quite a bit, the best performing piece with audiences this year&#8230; plus, how can you say no to a film that <a href="http://rocketace.ca/2008/09/the-fez-dor-came-with-a-fez-and-a-dor/">won us a fez</a>?!</p>
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		<title>YOU SHALL NOT… charge completion bonds multiple times?</title>
		<link>http://www.bradfox.com/blog/2009/07/you-shall-not-charge-completion-bonds-multiple-times/</link>
		<comments>http://www.bradfox.com/blog/2009/07/you-shall-not-charge-completion-bonds-multiple-times/#comments</comments>
		<pubDate>Fri, 17 Jul 2009 01:00:08 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[filmmaking]]></category>

		<category><![CDATA[funnybooks]]></category>

		<category><![CDATA[entertainment contracts]]></category>

		<category><![CDATA[royalties]]></category>

		<category><![CDATA[very bad publishers]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=949</guid>
		<description><![CDATA[It looks like &#8220;Lord of the Rings&#8221; accounting will be back in the news as the Estate of JRR Tolkien is suing New Line over their calculation of profits from the three blockbuster films. You may recall that Peter Jackson and Saul Zaentz have sued New Line as well claiming they saw no royalties on [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_950" class="wp-caption alignleft" style="width: 210px"><a href="http://www.coverbrowser.com/covers/economics-books/17"><img src="http://www.bradfox.com/blog/wp-content/uploads/2009/07/805-3-200x300.jpg" alt="When Mr Bilbo Baggins of Bag End announced that only 20% of home video revenue was being counted as revenue..." title="photo via coverbrowser" width="200" height="300" class="size-medium wp-image-950" /></a><p class="wp-caption-text">When Mr Bilbo Baggins of Bag End announced that only 20% of home video revenue was being counted as revenue...</p></div>
<p>It looks like &#8220;Lord of the Rings&#8221; accounting will be back in the news as the <a href="http://www.bloomberg.com/apps/news?pid=20601109&#038;sid=aD.SbdnICvtE">Estate of JRR Tolkien is suing New Line</a> over their calculation of profits from the three blockbuster films. You may recall that Peter Jackson and Saul Zaentz have sued New Line as well claiming they saw no royalties on the film either (although both those cases were settled out of court). </p>
<p>I get asked a lot how studios and distributors can get away with claiming that films never turn a profit, especially on fare that clearly has&#8230; say <a href="http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/film/article6024677.ece">Return of the Jedi</a>. The short answer is that when studios have huge slates of films (many of which, aren&#8217;t successful) it&#8217;s difficult to track what bona-fide operating expenses should be allocated to a well-performing film versus the dozens of films in a slate that have recouped no money. It gets equally complex when there are many deals through many different layers of companies - each of which is entitled to their own share of revenue before it gets to the producer. </p>
<p>For a great example of this from a different field, and it&#8217;s been ages since I&#8217;ve talked comics (which is odd given that there&#8217;s great stuff out there right now), I highly recommend Colleen Doran&#8217;s blog series &#8220;<a href="http://adistantsoil.com/tag/very-bad-publishers/">The Perils of Colleen</a>&#8221; wherein she recounts her relationship with the &#8220;second-worst&#8221; publisher she has ever dealt with. It&#8217;s a doozy of a story, and should be required reading for any independent contractor in any artistic field, but it also goes into detail (especially in <a href="http://adistantsoil.com/2009/06/29/the-perils-of-colleen-part-iii-when-the-comics-industry-outscrewed-motown/">part III</a>) how her contract was structured to ensure she never saw a royalty nickel, no matter the sales of her books. Thankfully Colleen&#8217;s story has a reasonably happy ending (although with some bizarre twists you wouldn&#8217;t believe if I told you) - but it does a very nice job of showing a case study of the myriad ways a distributor/publisher/studio relationship can go south in a big way. </p>
<p>It&#8217;ll be interesting to follow the LOTR case going forward, especially if the Estate gets any leverage with their claim that they have the ability to revoke the rights for the upcoming &#8220;Hobbit&#8221; prequels. </p>
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		<title>Five Things I Know (But Have No Idea How I Learned Them)</title>
		<link>http://www.bradfox.com/blog/2009/07/five-things-i-know-but-have-no-idea-how-i-learned-them/</link>
		<comments>http://www.bradfox.com/blog/2009/07/five-things-i-know-but-have-no-idea-how-i-learned-them/#comments</comments>
		<pubDate>Thu, 16 Jul 2009 18:02:50 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[& etc.]]></category>

		<category><![CDATA[random trivia]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=679</guid>
		<description><![CDATA[Time for a break from all this serious internet business. One of my real-life superpowers (I have many) is the inability to forget absolutely trivial minutia I&#8217;ve been exposed to - but frequently forget how I was exposed to it. This will serve me well should they ever finally produce &#8220;the most random gameshow in [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_943" class="wp-caption alignleft" style="width: 310px"><a href="http://www.flickr.com/photos/raeallen/69592985/"><img src="http://www.bradfox.com/blog/wp-content/uploads/2009/07/69592986_c986a4b562-300x280.jpg" alt="This was a tough post to find a photo for" title="photo by RaeA" width="300" height="280" class="size-medium wp-image-943" /></a><p class="wp-caption-text">This was a tough post to find a photo for</p></div>
<p>Time for a break from all this serious internet business. One of my real-life superpowers (I have many) is the inability to forget absolutely trivial minutia I&#8217;ve been exposed to - but frequently forget how I was exposed to it. This will serve me well should they ever finally produce &#8220;the most random gameshow in the world&#8221;. </p>
<p>Here are five facts I&#8217;ve trotted out this month that, while true, I have absolutely no idea how I came to be aware of them. I&#8217;ll leave as an exercise to the reader trying to figure out how each of these could have <em>possibly</em> come up in conversation in the past month. For bonus points deduce which one played a pivotal part at a Toronto International Film Festival lunch a few weeks back. </p>
<ol>
<li>The mother in &#8220;The Family Circus&#8221; is named Thel</li>
<li>Lewis Carrol was the first person to use the word &#8220;portmanteau&#8221; in it&#8217;s current, English, idiomatic definition. Prior to that it was a French term for a two-chambered suitcase</li>
<li>The longest golf drive on Earth was on an airstrip in Fairmont, British Columbia. Prior to that it was on an ice field in the Arctic</li>
<li>Two of the four members of Boney-M just lip-synced to prerecorded vocals. Their producer used this trick again with his other manufactured super-group - Milli Vanilli</li>
<li>The combined sound energy from yelling for nine years straight would only be enough to re-heat one cup of coffee</li>
<p>There is absolutely no moral to this post. I just needed to recalibrate this blogs silliness quotient before it became &#8220;all net neutrality, all the time&#8221;. </p>
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		<title>Mark Goldberg Raises Questions about the Couchathon - I Attempt to Answer Them</title>
		<link>http://www.bradfox.com/blog/2009/07/mark-goldberg-raises-questions-about-the-couchathon-i-attempt-to-answer-them/</link>
		<comments>http://www.bradfox.com/blog/2009/07/mark-goldberg-raises-questions-about-the-couchathon-i-attempt-to-answer-them/#comments</comments>
		<pubDate>Fri, 10 Jul 2009 23:02:03 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[A series of tubes]]></category>

		<category><![CDATA[media ramblings]]></category>

		<category><![CDATA[BitTorrent]]></category>

		<category><![CDATA[CFTPA]]></category>

		<category><![CDATA[CRTC]]></category>

		<category><![CDATA[Mark Goldberg]]></category>

		<category><![CDATA[net neutrality]]></category>

		<category><![CDATA[throttling]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=933</guid>
		<description><![CDATA[Mark Golgberg has asked some fair questions of me over at his blog regarding last year&#8217;s couchathon and the throttling difficulties we had. As I posted yesterday, am convinced those issues were due to misapplied BitTorrent throttling. 
I&#8217;ve responded directly on Mark&#8217;s blog - but he moderates his comments so I&#8217;m not sure when they&#8217;ll [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://mhgoldberg.com/blog/2009/07/couchathon.html">Mark Golgberg has asked some fair questions of me over at his blog</a> regarding last year&#8217;s couchathon and the throttling difficulties we had. As I posted yesterday, am convinced those issues were due to misapplied BitTorrent throttling. </p>
<p>I&#8217;ve responded directly on Mark&#8217;s blog - but he moderates his comments so I&#8217;m not sure when they&#8217;ll show up there. In the meantime I thought it would be worthwhile to cross-post my response here - especially as I see some traffic coming through from his site. </p>
<p>Incidentally, Mark&#8217;s post flagged that I never updated the Couchathon website with the final totals from the event. With late donations, and some very kind post-event sponsor contributions we were able to raise over <em>$10,000</em> dollars for Sick Kids Foundation and Child&#8217;s Play - not the $5,500 posted on the couchathon site. I must go amend that at once! </p>
<p>My response to Mark below the cut.<br />
<span id="more-933"></span><br />
&#8211;</p>
<p>Hi Mark, </p>
<p>Brad Fox here, and you raise fair questions.</p>
<p>For the record, I did provide more specifics about the incident to anyone who has interviewed me since the hearings but those details rarely make it into the published articles. </p>
<p><i> Why was this week&#8217;s policy hearing the first time we have heard of this problem?</i></p>
<p>Short Answer: This was the first time a CRTC commissioner has ever asked me, specifically, if traffic discrimination had ever prejudiced my ability to create content.</p>
<p>Long Answer: </p>
<p><i><br />
Why is this the first we have heard about it, more than 7 months after the event? What is the real story?</i></p>
<p>There were a number of reasons I chose to not make a public issue of the couchathon throttling at the time.</p>
<p>Part was not wishing to overshadow the event itself (or it&#8217;s legacy given that it was essentially a dry run for some future live Internet broadcasting projects).</p>
<p>Part was an issue with certain individuals and companies involved in the couchathon having preexisting business relationships with Bell. This situation has changed somewhat in the intervening eight months, but I also feel there’s a difference between using the event as an important case study, and bringing it up immediately. </p>
<p>Also, if I’m honest, I was almost certain at the time that Bell&#8217;s throttling practices would shortly be curtailed via the CAIP CRTC application (the couchathon predated Telcom decision 2008-108 which ruled against CAIP by two weeks).</p>
<p><i>Exhaustion and fat fingers on an untested platform could have also come into play.</i></p>
<p>Not impossible, but unlikely. We certainly experienced problems due to sleep deprivation and the nature of the broadcast - but those were in the setup (the issues you mention quoted in the show itself) and then mishaps of the infrequent and unpredictable variety (selecting the wrong camera, closing the irc chat administrator account, the chyron freezing up, a hard drive frying through poor heat management&#8230; etc). The throttling issues on the other hand were repeatable cycles that were demonstrably recurrent independent of whatever else was going on at the time - and absent on distinct Bell connections not being used for the video uplink (ruling out broader network issues or overall congestion). As well, they did not appear during the first several hours of broadcast – yet continued recurring regularly thereafter, even when we changed computers entirely at one point (the replacement being a direct image of the original system prior to the commencement of the broadcast). </p>
<p><i> people going to sleep could also explain the loss of viewers</i></p>
<p>It&#8217;s absolutely likely that some portion of viewer loss each &#8220;reset&#8221; included viewers who decided to go to bed (or long since walked away from their computers with us still running in the background) - however the drop was consistent each reset - regardless of audience size at the time (and our 4am audience was, for example, a fraction of our 5pm audience). Regardless of the extent of the damage, my point has always been that it was damage. No one, I think, would argue that performance interruption is not disruptive or detrimental to audience experience. </p>
<p>As to your point about chairman von Finckenstein&#8217;s question to my collegue Dan Hawes of March Entertainment. I agree quite completely with Dan’s response. - As independent producers we simply don&#8217;t have the resources to bring 27(2) challenges every time we feel our traffic is being prejudiced. The independent production sector is in such dire straits that most of us are barely able to keep our heads above water - let alone capable of sustaining protracted legal battles or government challenges. That&#8217;s why the CRTC&#8217;s oversight of ITMP guidelines is so absolutely critical to myself and my colleagues. </p>
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		<title>Five Arguments in Favour of Throttling - And Why They’re Wrong</title>
		<link>http://www.bradfox.com/blog/2009/07/five-arguments-in-favour-of-throttling-and-why-theyre-wrong/</link>
		<comments>http://www.bradfox.com/blog/2009/07/five-arguments-in-favour-of-throttling-and-why-theyre-wrong/#comments</comments>
		<pubDate>Fri, 10 Jul 2009 09:00:35 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[A series of tubes]]></category>

		<category><![CDATA[media ramblings]]></category>

		<category><![CDATA[bell]]></category>

		<category><![CDATA[CRTC]]></category>

		<category><![CDATA[ISP]]></category>

		<category><![CDATA[logical fallacy]]></category>

		<category><![CDATA[net neutrality]]></category>

		<category><![CDATA[rogers]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=902</guid>
		<description><![CDATA[Yes I know this is turning quickly into a net-neutrality blog - but since net-neutrality traffic is up at the moment, I figured I should strike while the iron is hot. 
While I thought the CRTC presentation was quite strong, you&#8217;re always left with regrets about the questions that didn&#8217;t come up. There was a [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_903" class="wp-caption alignleft" style="width: 235px"><a href="http://www.flickr.com/photos/clankennedy/"><img src="http://www.bradfox.com/blog/wp-content/uploads/2009/07/snake_oil-225x300.jpg" alt="Tell me folks are you sufferin&#039; from the "congestion"? " title="photo by inky" width="225" height="300" class="size-medium wp-image-903" /></a><p class="wp-caption-text">Tell me folks are you sufferin' from the congestion?</p></div>
<p>Yes I know this is turning quickly into a net-neutrality blog - but since net-neutrality traffic is up at the moment, I figured I should strike while the iron is hot. </p>
<p>While I thought the CRTC presentation was quite strong, you&#8217;re always left with regrets about the questions that <em>didn&#8217;t</em> come up. There was a couple of points I was really hoping would be raised, since they are popular talking points of the major ISP&#8217;s and it would have been nice to offer a counter-point. So while they&#8217;re still fresh, here&#8217;s five ISP arguments in favour of traffic throttling, that I just don&#8217;t think hold much water:<br />
<strong><br />
1. Increasing capacity is prohibitively expensive. </strong><br />
Regardless of my <a href="http://www.bradfox.com/blog/2009/06/net-neutrality-the-build-out-argument/">prior post</a> on why building additional capacity is likely <em>far</em> more fiscally responsible than throttling BitTorrent - total smarty-pants <a href="http://www.ice08.com/speakers/jroks">Jason Roks</a> made a <a href="http://www.michaelgeist.ca/content/view/4107/">compelling calculation on Tuesday</a> at the CRTC hearing that a certain national network could likely more than double it&#8217;s capacity at the most likely congestion spots for less than $2 per user per month.  Of course it&#8217;s hard to offer more concrete suggestions when we have no idea of what the profit margins of the major ISP corporate units are (or what portion of their network is devoted to functions other than the Internet - like television, phone, and video-on-demand).<br />
<span id="more-902"></span></p>
<p><strong>2. This congestion is only being caused by a small number of heavy users.</strong><br />
It&#8217;s really annoying when people trot out the argument that x% of the users use X%  capacity of the network. The usual Canadian figures these days is something like 5% of the users using 1/3 - 1/2 of the network.  ISP&#8217;s trot this out with the subtext that a small number of &#8220;bad apples&#8221; are ruining things for everyone (&#8221;hey, it&#8217;s not <em>you</em> we&#8217;re going to inconvenience&#8230; it&#8217;s <em>someone else</em>). </p>
<p>The big, obvious, elephant that no one ever thinks to ask is: <strong>How oversubscribed is a network if 5% of it&#8217;s users can create <em>systemic network congestion</em>!?</strong> No one is suggesting that these users <a href="http://www.michaelgeist.ca/content/view/4107/">hacked the planet</a>. They are not running special computers that can defy the laws of physics. They can only use the throughput and bandwidth that they <em>paid the ISP&#8217;s for</em>. So a better re-phrasing is that <strong>the networks are not robust enough to cope with 1 out of 20 consumers actually using the services they have legally purchased</strong>. </p>
<p>The second, slightly less obvious, elephant is that these aren&#8217;t <em>abnormal</em> users. These are what the &#8220;average user&#8221; is going to look like five years from now. As I&#8217;ve mentioned before, <a href="http://www.cisco.com/en/US/solutions/collateral/ns341/ns525/ns537/ns705/ns827/white_paper_c11-481360_ns827_Networking_Solutions_White_Paper.html">Cisco&#8217;s five year forecast</a> is that network traffic will <em>quintuple</em> by 2013. We don&#8217;t need a network that can strangle those 5% - we need a network that can support it when the other 95% <em>catch up to them</em>. </p>
<p><strong>3. There&#8217;s no incentive for &#8220;applications&#8221; (BitTorrent) to be efficient on the network</strong><br />
Computer application adoption is about the most perfect illustration of the free market that I can think of. Users have shown remarkable liquidity to adopt (or abandon) whichever technologies give them the greatest benefits. Efficient applications run better, faster, and more reliably than those that don&#8217;t - and those are the ones that the public eventually turn to. One only has to look at the evolution of specific BitTorrent clients to see that those that are smaller, faster, and more efficient will quickly overtake those that aren&#8217;t. </p>
<p><strong>4. Congestion will never be solved as long at BitTorrent automatically takes up any additional capacity we add</strong><br />
Firstly, &#8220;congestion&#8221; isn&#8217;t something you are ever going to &#8220;solve&#8221;. No one (shy of free-energy conspiracy theorists) sets out to &#8220;solve&#8221; traffic, or unemployment, or the first law of thermodynamics. This is a progression that isn&#8217;t ever going to end. </p>
<p>Secondly, as I&#8217;ve stated previously BitTorrent isn&#8217;t a terribly unique program outside of the two points that:<br />
a) It has P2P properties which are inconvenient for traffic management<br />
b) It is popular</p>
<p>Given that every technology created or adapted from this point forward will have the former (World of Warcraft, Flash 10, new set-top-boxes) is the solution to any new technology which becomes &#8220;inconveniently popular&#8221; to crush it? I think &#8220;technological wack a mole&#8221; is an apt discription&#8230; except the consumer can actually occasionally win in wack a mole. </p>
<p><strong>5. Throttling BitTorrent only (slightly) inconveniences BitTorrent users - whose data isn&#8217;t time-sensitive. </strong>Even ignoring the presumption about *what* I might be using *my* application for, and how important it may or may not be - this is demonstrably false. </p>
<p>I&#8217;ve never really talked about the <a href="http://www.couchathon.com">Couchathon</a> snafu prior to the hearing yesterday. There&#8217;s a little more detail in the <a href="http://www.cartt.ca/news/PrinterFriendly.cfm?NewsNo=8268#%23">Cartt.ca article</a> but the Coles notes is that the Couchathon had to &#8220;re-boot&#8221; (losing us a significant percentage of our viewership each time)  because our connection to ustream.tv was throttled by Bell as BitTorrent traffic (<a href="#footnote1">1</a>). I didn&#8217;t want to overshadow that amazing event, or draw attention to the kind folks who had provided us our connectivity - but I&#8217;m also not going to bite my lip while I&#8217;m told that what happened to me - having an independent, innovative, Canadian content production affected nearly to the point of being unsustainable - isn&#8217;t likely. (<a href="#footnote1">2</a>) </p>
<p>Furthermore, Japan offers a direct case example - when their ISP&#8217;s collectively cracked down on BitTorrent-like file sharing program WinNY - everyone just started encrypting their data. So then the only &#8220;wack a mole&#8221; solution for ISP&#8217;s is to throttle ALL encrypted traffic, since even DPI (deep packet inspection) is never going to tell you what&#8217;s in a encrypted data transfer&#8230; that&#8217;s the point of encrypting it. Now you&#8217;re not &#8220;just affecting BitTorrent users&#8221; - you&#8217;re prejudicing an entire category of traffic including (but not limited to): </p>
<ul>
<li>Business VPN traffic</li>
<li>Secure website e-commerce</li>
<li><em>any</em> legitimate on-line audio or visual store (iTunes, Amazon&#8230;)</li>
<li>private voip, voice, or teleconferencing data</li>
<li><em>any</em> new application or protocol that the filter doesn&#8217;t recognize (like, say ustream uploads)</li>
</ul>
<p>It&#8217;s certainly not my job to suggest arguments for the ISP&#8217;s  - but I guarantee at their CRTC appearance tomorrow we will hear these exact arguments again and again (or close variants thereof). I&#8217;m not sure why no one has examined all the various implications that their own arguments make against their sales practises.</p>
<p><strong>Footnotes</strong></p>
<hr />
<ol>
<li><a name="footnote1"> </a>There is absolutely no doubt in my mind that the upload stream was throttled as BT traffic. a) The occurrences happend nowhere near peak hours (the first occurrence started late evening, and the cycle continued through the wee hours of the morning and into the next day ) b) The pattern of traffic damping was exactly the same as a graph of BitTorrent throttling I researched the next day. c) A separate Bell connection we used for web-browsing and chat and e-mail was not affected, so it was not a broader network issue. </li>
<li><a name="footnote2"> </a>A representative of a different ISP (neither Bell nor Rogers) came up to me afterward and asked if there was a bit of a case of &#8220;you get what you pay for&#8221; in this instance. Unfortunately we got cut off talking as the proceedings resumed - so I felt bad I never got a chance to chat with him more, or really get into this issue. While it&#8217;s true that with a little more lead time I might have looked into setting up a more robust solution there are two things I need to point out:<br />
a) this was *not* a residential connection we were using. b) Even if it *was* a residential connection, I don&#8217;t think it&#8217;s unreasonable to expect a sustained transfer rate less than a third or fourth of what I get on my home residential connection. (3)</li>
<li><a name="footnote3"> </a>In going to the Rogers site today I discovered that the &#8220;upload rate&#8221; on the package I&#8217;ve subscribed to for more than five years has been <strong>halved</strong> at some point!? When did that happen? </li>
</ol>
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		<title>Medium Close-Up</title>
		<link>http://www.bradfox.com/blog/2009/07/medium-close-up/</link>
		<comments>http://www.bradfox.com/blog/2009/07/medium-close-up/#comments</comments>
		<pubDate>Fri, 10 Jul 2009 01:44:15 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[A series of tubes]]></category>

		<category><![CDATA[canadiana]]></category>

		<category><![CDATA[blogging]]></category>

		<category><![CDATA[canadian]]></category>

		<category><![CDATA[Howard Bernstein]]></category>

		<category><![CDATA[news]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=931</guid>
		<description><![CDATA[Howard Bernstein is a Canadian news and television über-producer who has worked for pretty much every major network in the country. 
Now retired, his hard hitting, no b.s. blog Medium Close Up is compelling, thought-provoking reading. 
Good, good, stuff - and I hope he keeps it up. 

    

	]]></description>
			<content:encoded><![CDATA[<p>Howard Bernstein is a Canadian news and television über-producer who has worked for pretty much every major network in the country. </p>
<p>Now retired, his hard hitting, no b.s. blog <a href="http://hlbtoo.wordpress.com/">Medium Close Up</a> is compelling, thought-provoking reading. </p>
<p>Good, good, stuff - and I hope he keeps it up. </p>
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		<title>Google Implements Creative Commons Image Searching - Do I have Psychic Powers?</title>
		<link>http://www.bradfox.com/blog/2009/07/google-implements-creative-commons-image-searching-do-i-have-psychic-powers/</link>
		<comments>http://www.bradfox.com/blog/2009/07/google-implements-creative-commons-image-searching-do-i-have-psychic-powers/#comments</comments>
		<pubDate>Thu, 09 Jul 2009 22:18:33 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[A series of tubes]]></category>

		<category><![CDATA[copyright reform]]></category>

		<category><![CDATA[creative commons]]></category>

		<category><![CDATA[google]]></category>

		<category><![CDATA[image searching]]></category>

		<category><![CDATA[man I loved Romper Room as a kid]]></category>

		<category><![CDATA[psychic powers]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=920</guid>
		<description><![CDATA[First the iPhone 3.0 update implemented new podcast-friendly playback controls (identical to a post I made last year on a tech site (that I can&#8217;t now find) on how I wished they worked) - now Google has finally enabled  image searching only within photos which are &#8220;creative commons&#8221; licensed! As someone who uses a [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_921" class="wp-caption alignleft" style="width: 310px"><a href="http://www.flickr.com/photos/mag3737/2201500552/"><img src="http://www.bradfox.com/blog/wp-content/uploads/2009/07/psychic-300x204.jpg" alt="I see Billy, and Susan, and Matt... wait, that was Romper Room" title="photo by mag3737" width="300" height="204" class="size-medium wp-image-921" /></a><p class="wp-caption-text">I see Billy, and Susan, and Matt... wait, that was Romper Room</p></div>
<p>First the iPhone 3.0 update implemented new podcast-friendly playback controls (<em>identical</em> to a post I made last year on a tech site (that I can&#8217;t now find) on how I <em>wished</em> they worked) - now Google has finally enabled <a href="http://creativecommons.org/weblog/entry/15691"> image searching only within photos which are &#8220;creative commons&#8221; licensed</a>! As someone who uses a lot of CC images to illustrate blog posts this is the bees knees - something I was wishing would happen only yesterday (and pretty much every day since I relaunched this blog). </p>
<p>Hmm&#8230; I hope I only use my new psychic wishing powers for good, let&#8217;s see&#8230; <em>Pizza Hut should change it&#8217;s name to &#8220;Han Solo&#8217;s Good-Tyme Eatery&#8221;</em>&#8230; </p>
<p>&#8230;</p>
<p><a href="http://consumerist.com/5297272/pizza-hut-tries-to-avoid-blame-for-its-pizza-shortens-name-to-the-hut">Dang it</a>. </p>
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		<title>Net Neutrality for Content Creators - Am I a “Media Personality” Yet?</title>
		<link>http://www.bradfox.com/blog/2009/07/net-neutrality-for-content-creators/</link>
		<comments>http://www.bradfox.com/blog/2009/07/net-neutrality-for-content-creators/#comments</comments>
		<pubDate>Thu, 09 Jul 2009 18:25:13 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[A series of tubes]]></category>

		<category><![CDATA[shameless self promotion]]></category>

		<category><![CDATA[CFTPA]]></category>

		<category><![CDATA[CRTC]]></category>

		<category><![CDATA[net neutrality]]></category>

		<category><![CDATA[press]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=877</guid>
		<description><![CDATA[So I&#8217;m back from my two-day sojourn into the heart of darkness of government. 
The CRTC net neutrality public hearings have a couple of (big) days to go yet. I think the joint CFTPA / IFTA team did a tremendous job in preparation and all we can do now is hope that we at least [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_880" class="wp-caption alignleft" style="width: 310px"><a href="http://www.flickr.com/photos/dalboz17"><img src="http://www.bradfox.com/blog/wp-content/uploads/2009/07/mole-300x199.jpg" alt="photo by dalboz17" title="photo by dalboz17" width="300" height="199" class="size-medium wp-image-880" /></a><p class="wp-caption-text">I now retreat safely to my hole!</p></div>
<p>So I&#8217;m back from my two-day sojourn into the heart of darkness of government. </p>
<p>The CRTC net neutrality public hearings have a couple of (big) days to go yet. I think the joint CFTPA / IFTA team did a tremendous job in preparation and all we can do now is hope that we at least planted the seeds of our message so that the ISP&#8217;s don&#8217;t get an easy ride when they&#8217;re up on Friday. </p>
<p>I had some very positive discussions with media (and other gallery observers) following our presentation - which at least made me feel that our main points got across and we got a lot of nice write-ups today:</p>
<ul>
<li><a href="http://www.cbc.ca/technology/story/2009/07/08/tech-crtc-hearings-film-industry-disabilities-mts-allstream.html">The CBC had a nice piece on our presentation</a> with a photograph - and my first ever press pull-quote involving wack-a-mole</li>
<li><a href="http://www.cartt.ca/news/PrinterFriendly.cfm?NewsNo=8268#%23">Gregg O&#8217;Brien at Cartt.ca has a wonderful follow-up interview</a> which includes a couple of the examples we presented to the commission</li>
<li><a href="http://www.financialpost.com/news-sectors/story.html?id=1772101">Nice piece by Matt Hartley for the Financial Post</a>. Matt has also been <a href="http://network.nationalpost.com/np/blogs/fpposted/archive/2009/07/09/crtc-live-blog-day-four-matt-hartley-covers-the-web-traffic-management-hearings-on-thursday.aspx">diligently liveblogging the whole proceedings</li>
<li><a href="http://www.canada.com/Filmmakers+speak+against+management/1774191/story.html">Canwest News Service</a></li>
<li><a href="http://www.michaelgeist.ca/content/view/4115/125/">Michael Geist&#8217;s Day Three Summary</a></li>
<li><a href="http://www.techmediareports.ca/reports/content/9735-hospital_telethon_mishap_raises_internet_throttling_questions_cftpa_ifta">Tech Media Report&#8217;s Stefan Dubowski wrote perhaps my favourite article</a> (and one of the few which mentioned Rocket Ace Moving Pictures who was actually the producer of both <em>Couchathon</em> and <em>Cerealized</em>) - <em>note that Tech Media Reports is a pay subscription service</em>.</li>
</ul>
<p>Thanks to everyone who sent me links to articles, or kind words following the presentation. Special hat-tip to Erin - for the lengthy consultation on what tie I should bring to Ottawa.  </p>
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		<title>I didn’t speak up when they came for Napster…</title>
		<link>http://www.bradfox.com/blog/2009/07/i-didnt-speak-up-when-they-came-for-napster/</link>
		<comments>http://www.bradfox.com/blog/2009/07/i-didnt-speak-up-when-they-came-for-napster/#comments</comments>
		<pubDate>Wed, 08 Jul 2009 08:00:38 +0000</pubDate>
		<dc:creator>Brad</dc:creator>
		
		<category><![CDATA[A series of tubes]]></category>

		<category><![CDATA[canadiana]]></category>

		<category><![CDATA[media ramblings]]></category>

		<category><![CDATA[BitTorrent]]></category>

		<category><![CDATA[CFTPA]]></category>

		<category><![CDATA[CRTC]]></category>

		<category><![CDATA[net neutrality]]></category>

		<category><![CDATA[the future]]></category>

		<category><![CDATA[why should I care]]></category>

		<guid isPermaLink="false">http://www.bradfox.com/blog/?p=862</guid>
		<description><![CDATA[
Very interesting day in Ottawa yesterday preparing for the CFTPA presentation to the CRTC today. Lots of involved conversation with extremely intelligent individuals&#8230; I&#8217;m coming to the startling realization that this &#8220;government&#8221; of ours actually entails a lot of hard work. Who knew? 
Having probably read, spoke, and thought more about the myriad aspects of [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://senseable.mit.edu/nyte/visuals.html"><img src="http://www.bradfox.com/blog/wp-content/uploads/2009/07/01-nyte-globe-encounters-300x225.jpg" alt="Graphic Concept 3" title="Graphic Concept 3" width="300" height="225" class="alignleft size-medium wp-image-863" /></a></p>
<p>Very interesting day in Ottawa yesterday preparing for the CFTPA presentation to the CRTC today. Lots of involved conversation with extremely intelligent individuals&#8230; I&#8217;m coming to the startling realization that this &#8220;government&#8221; of ours actually entails a lot of hard work. Who knew? </p>
<p>Having probably read, spoke, and thought more about the myriad aspects of this net neutrality hearing in the last week than I ever have in my life (and likely, more than is probably healthy) I thought it would be an interesting time to do a little follow up to the <a href="http://www.bradfox.com/blog/2008/11/crtcs-bell-ruling-not-shaping-the-future-ha-ha-ha/">series</a> of <a href="http://www.bradfox.com/blog/2009/02/crtc-net-neutrality-all-the-marbles/">posts</a> I&#8217;ve written following this issue, primarily on why the average end-user, with little interest in public policy should care. </p>
<p>The problem that the Net Neutrality &#8220;movement&#8221; has is somewhat similar to the issue faced by the ubiquitous WTO protesters - everyone&#8217;s in it for a different reason and for completely different politics. For every libertarian who proposes Net Neutrality to guarantee their freedom of net access - another decries any non-market intervention in industry. For every network engineer desperate to keep blanket traffic shaping off their protocols - there&#8217;s another that could argue legislation would limit the ability to improve end-user service quality. </p>
<p>I think my viewpoint boils down to this: The majority of these hearings Globally (and the Canadian proceedings specifically) have centered around traffic management of BitTorrent. As a content producer I have a mixed relationship with BitTorrent. I have used it as a legal, valuable, distribution tool - and I have seen it used to pirate works that cost me money (that&#8217;s not an abstract &#8220;piracy costs the industry billions of dollars&#8221; which I still believe is mostly distracting nonsense, that&#8217;s a concrete comment at a torrent tracker that was essentially &#8220;thanks, I was just about to go buy this on-line&#8221;). But BitTorrent is nothing if not a giant red herring. Gopher, Usenet, zero-day websites, kazaa, napster, limewire, WinNY, Tor&#8230; all are, essentially, placeholders for &#8220;any technology&#8221;. </p>
<p>BitTorrent is only particularly interesting in this instance because it has two distinct characteristics: </p>
<ul>
<li> It has certain &#8220;P2P&#8221; tendencies that make it difficult to manage on a network</li>
<li>It is popular</li>
</ul>
<p>Everything else (for the purpose of Net Neutrality) is distracting chaff. </p>
<p>Well guess what? Pretty much any technology that gets introduced from this point forward will have &#8220;P2P tendencies that (will) make it difficult to manage on a network&#8221;. World of Warcraft has P2P tendencies now. New VoIP applications have P2P tendencies. Flash (one of the widest technologies in use worldwide) is starting to adopt P2P tendencies. So really the only thing that makes BitTorrent particularly unique at this point in time is that it&#8217;s popular. And is that the precedent that we are willing to set? When a technology is widely adopted at a level not conceived of in an original network design the optimum management technique is to strangle it? I heard a great line today (and I haven&#8217;t asked for permission so I won&#8217;t attribute it) that if we had judged YouTube&#8217;s potential on what it was in 2005  (crotch kicks and cat videos) it never would have become such a platform for independent content and political discourse (and, of course, <em>high def</em> crotch kicks, and cats <em>playing piano</em>). </p>
<p>Maybe I, personally, wouldn&#8217;t be entirely heartbroken if BitTorrent was throttled out of usefulness&#8230; but what about when the next &#8220;popular&#8221; but &#8220;difficult&#8221; application is YouTube, or iTunes, or Skype, or <em>my</em> independent video distribution service? <strong>How</strong> technologies are used change. <strong>What</strong> technologies we use change. If how we <strong>respond</strong> to those technologies is to be consistent, we need to make sure they will consistently foster a future we feel is worth working for - not kill that goose before it lays <em>any</em> egg - let alone a golden one.</p>
<p>I can&#8217;t see a future of exciting new development opportunities fostered on a network where content judgements of any stripe is allowed ISPs who have their own content interests. That&#8217;s not a slight on their character, nor a suggestion of impropriety; Rather it would be improper if they didn&#8217;t use that leverage to prioritize their own vision of the future. That&#8217;s how the future is built - battling self-interests. But I do think (or hope) that there are more people self-interested in a future with an even playing field that they can build on. </p>
<p>When people ask me why I get so revved up about technology  - I generally talk about how I am now able to do things that I couldn&#8217;t have <em>imagined</em> when I first logged on to the &#8220;Internet&#8221; fifteen years ago. Not only things that, literally, would have seemed like magic - but I can tell different stories, to different people, in ways that would have, quite literally, seemed like science fiction. I would like to live in a world where the next fifteen years will be equally as vibrant, creative, and revolutionary to how we - as humanity - tell stories to each other. </p>
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