XXX marks the spot

Posted by scott on June 25th, 2010

So it seems that the xxx domain will see the light of day after all, after ICANN approved the creation of the controversial domain, to be run by the ICM Registry.

ICM claims to have received more than 110,000 pre-reservations for .xxx domains from those in the industry.

The domain – which nope to be up and running next year - will be voluntary, so adult website operators that already have a dot com address, for example, would not be obliged to give up their current sites; hence Playboy could keep operating from playboy.com.

It will not be a surprise to see the first pieces of legislation making it mandatory for adult sites to move to a .XXX domain, hitting the floors of Congress in the next few months. However, even if any of them made it onto the statute books it would relate only to US hosted sites.

There are over 200 countries in the world, each with its own laws and views on what would constitute material that should be in an .XXX domain — the age at which nude modelling is allowed, or not, for example, differs substantially across the world. If it leads the way on this, the US may be viewed as trying to impose its standards on the rest of the world.

Also creating an online ‘red light’ district, an adult ghetto, by segregating adult sites, would prompt freedom of speech issues in the US if the government tried to force site operators into the domain space.

More importantly, if the .XXX domain became anything other than voluntary it would need to be policed – one of the main fears ICANN had when it turned down the proposal before. This would mean that some authority, governmental, international, or an organisation such as ICANN, would have to monitor sites to make sure that all adult sites were in that domain and that all the content was correctly labelled. Inevitably, there would be questions as to whether there should be a global code of practice, along with the penalties for failure to catagorise content correctly.

There is no doubt that the possibility of being able to block access to all sites in the .XXX domain via filtering software would certainly be one that would appeal to most parents. It would also probably have the backing of most of the adult entertainment industry since they are generally not trying to market to a customer base that can’t buy their wares. However, the ease with which .XXX addresses could be filtered would be a big concern for the industry. The switching computers that make up the backbone of the Internet are privately owned, so what would stop the owners of this infrastructure deciding to block access to all .XXX addresses through their switches? Unlikely, yes, but another concern none the less.

Despite all this we should no lose site of the true purpose of the xxx domain – to make money for the ICM Registry. ICM is proposing a cost of $60-$75 for each .XXX domain name, and when you know that you are going to be getting thousands of non porn business from Nike to Apple to Google buying up their respective xxx domains to protect their brands, you can see that ICM is set to make a lot of money from this. Don’t be fooled into thinking it is about anything other than this.

I have said before on many occasion that the creation of addition global top level domains does little more that provide a licence to print money for the registry owners. This will be no different.

Marxist Budget

Posted by scott on June 22nd, 2010

As already mentioned by Phil Bradley, we attended Channel 4’s ‘Dispatches’ debate last night on how to save $100 Billion. We had gone to wave the Library cause flag but didn’t get the chance.

The purpose was to have some debate ahead of George Osborne’s emergency budget cut-a-thon [ “Oh, it’s a scythe…..” Blackadder]

Anyway, Georgie boy was speaking in the commons a few moments ago and I suddenly thought of Chico Marx. That in turn lead me to the answers to all our problems - the past. Let’s look at how others coped …

Minister of Finance: Here is the Treasury Department’s report, sir. I hope you’ll find it clear.
Rufus T. Firefly: Clear? Huh. Why a four-year-old child could understand this report.
Rufus T. Firefly: Run out and find me a four-year-old child, I can’t make head or tail of it.

Rufus T. Firefly: Now that you’re Secretary of War, what kind of an army do you think we ought to have?
Chicolini: Well, I tell you what I think, I think we should have a standing army.
Rufus T. Firefly: Why should we have a standing army?
Chicolini: Because then we save money on chairs.

Freedonia’s Secretary of War: How about taking up the tax?
Rufus T. Firefly: How ’bout taking up the carpet?
Freedonia’s Secretary of War: I still insist we must take up the tax.
Rufus T. Firefly: He’s right, you’ve gotta take up the tacks before you can take up the carpet.

Prosecutor: Something must be done! War would mean a prohibitive increase in our taxes.
Chicolini: Hey, I got an uncle lives in Taxes.
Prosecutor: No, I’m talking about taxes - money, dollars!
Chicolini: Dollars! There’s-a where my uncle lives! Dollars, Taxes!

Secretary of Labor: The Department of Labor wishes to note that the workers of Freedonia are demanding shorter hours.
Rufus T. Firefly: Very well, we’ll give them shorter hours. We’ll start by cutting their lunch hour to 20 minutes.

Amazing how it was all there, totally clear in Duck Soup.

Is that news or a blog?

Posted by scott on June 22nd, 2010

One of the very noticeable things to come with the new coalition government has been a very quick overhaul of several of the departmental websites, with things getting even more web2.0 (am I even allowed to still use that term anymore?) than before.

Over at the DCMS for example things are going all, well, bloggy. Minister for Tourism and Heritage, John Penrose, published the first ‘of what I very much hope will become a weekly bulletin describing what I’ve been up to, who I’ve met and – from time to time – my thoughts and reflections on issues that I’ve had to deal with in the week’ (comments disabled of course). All seems quite jolly and a nice idea.

However, that doesn’t explain why Sports and Olympics Minister, Hugh Robertson, who has decided to do something similar – a look forward at the week ahead type thing - “This is the first of what will be regular previews of my week ahead, I hope they will shed some light on the day to day work of a Sport and Olympics Minister” is not on the blog, but under ‘latest news’ instead.

Why is one ‘news’, and the other a ‘blog’ item? All seems a bit unjoined-up to me. DCMS, a quiet word … put them both in the blog feed.

Government junks Public Library Modernisation Review spending commitments

Posted by scott on June 17th, 2010

The DCMS has confirmed that spending commitments made by the last government following its Public Library Modernisation Review will not be kept. This means that the coalition will not pursue the £2 million (per annum) spending commitments set out in the Public Library Modernisation Review Policy statement published in March 2010.

What were these?

“These were free internet access in all libraries and to promote library membership as an entitlement from birth.”

Proposal 27: The Government expects that from April 2011 all library services will provide free internet access to users as part of their Library Offer to the public. Government will, under section 8(2)(b) of the Public Libraries and Museums Act 1964, make an (affirmative) Order preventing libraries from charging for internet access. DCMS will ensure that there will be no net additional costs to local authorities in line with the Government’s new burdens procedures.

Proposal 8: We know children benefit in many ways from early access to books and reading29. The Government therefore expects that from April 2011 all library services offer library membership as an entitlement from birth. This might be achieved in a number of ways:
• Offering Library membership at the registration of a birth30
• Offering Library membership along with child benefits
• Offering library membership with Bookstart packs

Two thirds of libraries already provide library membership information with packs which are distributed to all children at 7- 9 months31. DCMS will ensure that there will be no net additional costs to local authorities in line with the Government’s new burdens procedures.

“It also included extending the Public Lending Right to non-print format books, estimated at £300,000 – this has been suspended and will be considered as part of spending review in the Autumn.”

Proposal 34: Government expects e-books to be loaned for free. Government will under section 8(2)(b) of the Public Libraries and Museums Act 1964, make an (affirmative) Order preventing libraries from charging for e-books lending of any sort including remotely.

Proposal 35: DCMS will work with stakeholders to develop the secondary legislation for the extension of the Public Lending Right to non print books to enable simple, cost effective and easy to use arrangements for all public libraries.

This decision is part of £73 million in savings the DCMS is making, which also includes ending free swimming for those aged 16 and under and over 60s.

Not really a surprise, as we are all aware that cuts are going to hit everywhere, but still a little disappointing, especially the decision on offering free internet access.

Ambush Marketing and big sporting events – crying over spilt beer?

Posted by scott on June 16th, 2010

For the second World Cup running Dutch beer company Bavaria have succeeded in becoming the brand everyone is talking about at the tournament. It seems this time around the company gave out lots of free tight fitting orange dresses to female Dutch fans prior to the game with Denmark and also allegedly paid 36 very attractive women to wear the dresses and stand together during the match cheering on the Dutch team. Unbelievably the Cameramen (and yes they still pretty much all are still men) found these attractive women in the crowd and cut to them on several occasions.

I saw it with my own eyes and besides admiring the young ladies talents, didn’t think anything of it. Bunch of woman dressed in Orange - the colour the natonal team play in - at a Dutch football game? I expect to see that. If you were a serious Dutch beer fan you might have picked up on the beer angle, though even that’s doubtful, but anyone else?

FIFA however also saw something totally different. They obviously cast their mind back to the last World Cup in Germany when Bavaria had handed out lots of orange lederhosen to fans – resulting in one set of fans being forced to either miss the game or stand in their underwear after being told they could not enter the ground in the lederhosen. Also it appeared that the tickets the ladies were using – which were close to pitch side - had come from an allocation given to ITV pundit Robbie Earle for friends and family. Earle has been sacked by ITV over the issue.

FIFA would be taking their action on behalf of the official beer sponsor Budweiser, who are the only beer brand allowed to advertise within FIFA venues.

The question of Ambush Marketing has been a major IP issue over the last decade or so, and understandably so. Big sporting events such as the Olympics, and the World Cup get much valued sponsorship money from big brand owners to be associated with such events – these rights do not come cheaply, and it is hard to argue that these sponsors should not be given some level of protection for that financial outlay which is often key financing in allowing the events to actually take place. However the manner in which this is achieved is often seem as heavy handed or misplaced.

In South Africa, there has been legislation covering ambush marketing since before the 2003 cricket World Cup took place. I particular, the South African Trade Practices Act (as amended) prohibits ambush marketing by association, and article 15a of the South African Merchandise Marks Act (as Amended) stipulates that:

“For the period during which an event is protected, no person may use a trade mark in relation to such event in a manner which is calculated to achieve publicity for that trade mark and thereby to derive special promotional benefit from the event, without the prior authority of the organiser of such event.
…the use of a trade mark includes( a) any visual representation of the trade mark upon or in relation to goods or in relation to the rendering of services; (b) any audible reproduction of the trade mark in relation to goods or the rendering of services; or (c) the use of the trade mark in promotional activities, which in any way, directly or indirectly, is intended to be brought into association with or to allude to an event.”

However, for the most part it is left to the Advertising Standards Authority to regulate, through their Advertising Code and Sponsorship Code.

Section 3.7 of the Sponsorship code states:
“The attempt of an organisation, product or brand to create the impression of being an official sponsor of an event or activity by affiliating itself with that event or activity without having paid the sponsorship rights-fee or being a party to the sponsorship contract.”

Additionally under the Sponsorship rules and provisions in Section 10 which “apply to all categories of sponsorship, parties to sponsorship and sponsorship practices, without exception” is adds that “A product or logo that is not directly associated with the sponsor of the event, activity, team, individual or organisation may not be visibly used or displayed during the [sponsored] event.”

In the current case this is particularly interesting as Peer Swinkels, Marketing Director of Bavaria beer, denying his company had done anything wrong stated that “The Dutch people are a little crazy about orange and we wear it on public holidays and events like the World Cup. We put no branding on the dress and FIFA don’t have a monopoly over orange.” This contrasts to the position in Germany, where their logo was visible on the orange lederhosen.

Which brings us to the question of who has won. Whilst I am sure FIFA feels the need to be vigorous in being seen to defend its official sponsors, whether the arresting of some of the ladies involved does anything to enhance the brands you’re protecting is another question. Meanwhile, the people at Bavaria beer must be sat with huge smiles on their faces as FIFA’s actions have brought global press coverage to something that should frankly have just been ignored.  Add to that the question of did Bavaria actually break the law, which seems at best questionable and we get:

Final Result: It’s Germany all over again: Bavaria Beer 1 FIFA World Cup 0.

UPDATE:  According to euFootball.biz, two of the women have now been charged with breaching the Merchandise Marks Act and FIFA’s head of media Nicolas Maingot has said: “FIFA has filed charges against the organisers of the ambush marketing stunt.”

And the prize for giving the story yet more oxygen? Anyone talking about the ‘official’ beer of the tournament? Nope.

Bavaria Beer 2 FIFA World Cup 0

Worst Legal supplier/publisher?

Posted by scott on June 15th, 2010

Last weekend many of my fellow Legal Library and Information friends (and legal publishers/vendors) took over Brighton for the annual BIALL conference. I couldn’t make it, but I believe a good time was had. But it did get me thinking.

Each year several awards are handed out including those for Law librarian of the Year (congratulations Jules Winterton, Associate Director and Librarian, Institute of Advanced Legal Studies for winning this one this year), Best Legal Information Service, Supplier of the Year Award, and Legal Journals Award.

The latter two are always interesting – won this year by Wildy & Sons Ltd and Common Market Law Review respectively, but for me the more interesting award would be for Worst Supplier of the Year Award, and/or Worst Legal Journals Award – or maybe a Legal Information ‘Villain’ award. Yes, we should recognise excellence but we should also as an association be turning the spotlight on those who consistently demonstrate poor customer service, excessively hike prices without justification and who – in the buzz word of our new government – are anything but ‘transparent’ in their subscription costs.

So, what say you BIALL. How about next year we have a new category for those who should be doing better.

In the meantime, your nominees for worst legal supplier/publisher of the year – feel free to be anonymous - are more than welcomed.

Ofcom and HD DRM: Hook, Line and Sinker

Posted by scott on June 14th, 2010

Congratulations must go out today to the big TV programme and film producers who actually managed with the help of our terrestrial broadcasters in convincing Ofcom that unless they agreed to a BBC proposal to amend to its digital multiplex licence (Multiplex B), to allow the BBC to restrict the availability of programme listing information for HDTV services only to digital receivers (digi-boxes) that implement content management technology, that they would stop some or all of their content being broadcast in HD over the platform.

[For more details of the argument, I first wrote about this here ]

For digi-box/receiver manufactures what this means it that they will now all have to sign licensing deals with the BBC to gain access to Huffman Code look-up tables, for their boxes to be able to ’see’ the HD content. These rules will also apply to the other digital multiplex licences (C and D)

One of Ofcom’s central duties is to further the needs of citizens/consumers. In this instance Ofcom claim this “will deliver net benefits to citizens and consumers by ensuring they have access to the widest possible range of HD television content on DTT.” Why? Well because they bought the idea that the producers of content would really pull programming from HD channels without this. Had Ofcom bothered to look across the pond to the US and looked at what happened when the US tackled this same issue – Broadcast Flag – they would have seen that there was NO way that the content producers would have gone though with their threat.

In the US they lost the argument and nothing changed. Had Ofcom had the balls to do what it is supposed to do and actually put the interests of the consumer first, NOTHING would have changed. Ofcom disagrees:

“Whilst some stakeholder responses asserted that, even if Ofcom were to refuse the BBC’s proposal, rights holders would continue to supply HD content on the same terms as they would if the proposal were approved, the information provided by broadcasters does not support this view.”

Ofcom says it saw evidence from the broadcaster that rights holders in contract negotiations had been holding back content: ” we consider that the evidence put forward by broadcasters does provide material and credible evidence that the lack of an effective content management framework on the HD DTT platform is currently resulting in a reduction of the range of HD content available and is a material factor for ongoing and future content rights negotiations.”

Call me a cynic , but if I knew that a regulator was weighing up whether to introduce some form of DRM, wouldn’t you instruct your negotiating teams to threaten the holding back of content unless it went through – KNOWING that the broadcasters would have to give this EVIDENCE to Ofcom? This is basic ‘head slap’ logic.

The result: “We have therefore concluded that it is likely that content would be withheld from the HD DTT platform in the absence of the introduction of content management.”
Hook, Line and Sinker. Well done Ofcom, and well done the (mostly US) TV and Film Industry.

Ofcom’s Statement

KPMG authors need to visit a library

Posted by scott on June 8th, 2010

KPMG have published a white paper entitled ‘Payment for Success’ that has done the unthinkable – it’s annoyed a bunch of Librarians. It’s true, we do get annoyed and sometimes to levels when we go Shhhhhhhh! loudly.

However, like those in other professions - ‘The presenting issue is about levels of spending, but the real issues are about shifting control from providers to their customers and from bureaucrats to enterprising professionals.’ ( KPMG – Payment for Success) – we tend to get really annoyed by people making sweeping, ill-informed, and unreferenced claims about our profession.

The report – which makes some valid general points about tackling problem with public services – ‘Performance management has, in most cases, been undermined by its disconnect from financial management, which remains poor in many parts of the public sector’ ( KPMG – Payment for Success) – also talks a lot of old tosh too.

For example, there are 3 principles to the strategy:

(a) Three distinct customer roles should be created for each of the different types of service – personal, local and national – with these customers radically empowered to decide what they want and from whom
(b) Payment by results should be implemented across the public sector without exception – where it exists already, it should be made more forceful and sophisticated, where it does not exist, it should be introduced with very limited transitional periods.
(c ) Public service providers should be given almost total freedom to respond effectively to their customers and the PBR regime, supported by the active divestment of public sector staff into independent providers in control of their own future.

So correct me if I am reading this incorrectly, but that final one is saying all public sector staff should be outsourced

Another problem is there are just too many people with different jobs and professions working in local government.

‘One example is children services, where there has been a great emphasis recently on co-ordination amongst the many professionals. Success if often defined as having up to 10 different professionals from maybe 6 organisations around a table to discuss a family’s situation ( e.g. a social worker, an educational psychologist, an education welfare officer, a police officer, a pastoral teacher, a health visitor, a doctor, a housing officer, a community worker, a youth worker, a probation officer, etc). Better outcomes and value for money could well come from forging new professions which blend together skills and reducing the number of organisations involved, rather than yet more bureaucracy to manage the fragmentation.’

Now, I am all for ‘forging new professions’ but what are they suggesting on blending here and how? Why not just someone who is trained in more than one area?

But then we get to Libraries, where the reports says the following

‘A “local big state” is no more desirable than a “central big state”. Local government should seek to devolve to the most local level possible and to encourage communities to take over services. One example would be libraries. Libraries face funding challenges – in that they are more discretionary than other services, usage has declined, the unit cost of lending a book can be more expensive than the wholesale price of a book and customers have new book and information media and services (e.g. Amazon, social networking sites, etc). The level of community resistance to closing a library is usually disproportionate to the level of local usage, because communities believe that a local library belongs to them, not the council, and they believe in the future potential of the library to do great things. Devolution can allow new ideas to develop. For example – in North America libraries are often run by volunteers not paid council staff, whilst in the UK charity shops often have waiting lists of volunteers wanting to help them with book sales; much of the public space in a library is badly used storing infrequently used books; e-government has put libraries on line, but they still focus on a buildings based service; too many community groups are spending scarce resource on premises; where some councils have handed the library back to the community, they have often turned it into a much more vibrant community organisation and space. Giving councils total freedom on libraries could mean that they create huge social value from engaging a community in running its own library, backed up with some modern technology, whilst also saving large amounts of money on over-skilled paid staff, poor use of space and unnecessary stock.’

Let’s leave aside evidence that visits to libraries and library usage usually rises as the economy declines. (Rising to the challenge: a look at the role of public libraries in times of recession, Christine Rooney-Browne, Library Review, 2009 Volume: 58 Issue: 5 Page: 341 – 352) and just look at what KMPG assert.

‘Libraries face funding challenges’ – in that they are more discretionary than other services,, - Libraries like all local services do indeed face funding challenges, nothing new there.

‘Usage has declined’ –According to this BBC new story  (from figures by the Chartered Institute of Public Finanace and Accountancy) on the 2008/9 figures, there was a year-on-year decrease in visits to libraries in England of 1.4%, a decrease of 4.1% in Northern Ireland and an increase 0.4% in Scotland, and an increase of 3.7% in Wales. So, overall, yes, this does seem to show a decline in numbers visiting – if only slight. But this doesn’t tell the whole story as shown by the ‘unnecessary stock point below.

‘The level of community resistance to closing a library is usually disproportionate to the level of local usage.’ - This CAN be true, in the same way it is true if the local council tries to shut down a local school, swimming pool, or pub etc. This ‘disproportionate’ mass are usually those who recognise that even though they may not use the resource that it is a vital part of the community – especially for the young and the old.

‘In North America libraries are often run by volunteers not paid council staff’ – Well, bully for them, although ‘where does this ‘often’ claim come from. Sure the ALA would be surprised by this.

‘Whilst in the UK charity shops often have waiting lists of volunteers wanting to help them with book sales’ – That’s great, but if they want to sell books maybe they should go volunteer at Waterstones. If someone comes in and asks if they have a particular book are they going to know? Do they catalogue the books that come in, in any form, or do they just stick a price sticker on and stick it on a shelf.

‘Giving councils total freedom on libraries could mean that they create huge social value from engaging a community in running its own library, backed up with some modern technology.’ Seriously you’d think that the average library didn’t already engage with the local community and offer space for adult education etc, and that also they were still dark dusty places where there were no computers. We were doing both of these back in Swansea 15 years ago. And believe me people already think they run the library as anyone who works/has worked in public libraries and has been on the end of the ‘I pay your wages’ line will be fully aware.

‘Whilst also saving large amounts of money on over-skilled paid staff’ – Most frontline staff in public libraries are library assistants who are often not qualified librarians – it’s how I started off myself in Swansea Libraries. Those that are qualified are few, and if they are ‘over-skilled’ I’d like the authors of this report to visit a library and tell them just how they are over-skilled by detailing the skills that they have and how those are not suitable for the work in the library. In fact CILIP should call them out on this point. Let them prove they are not just under-skilled at the task of white paper writing.

‘Poor use of space’ – I’m sure there is some poor use of space in some of our libraries, especially older ones in building that are less flexible, but in most I have been in this is not the case – far from it in fact. There are areas for sitting, using computers, borrowing videos, CDs, DVD etc Indeed, if anything the only complaints tend to be from those who think there should be more BOOKS.

‘And unnecessary stock.’ Is that why, according to the BBC item mentioned above, the number of books issued went up in England, Wales, Northern Ireland and Scotland? - 6.8% in Wales, 0.6% in England, 1.7% in Scotland and 3.6% in Northern Ireland. An increase in that unnecessary stock being borrowed by the public obviously.

I’m not for one moment saying that Libraries are not facing serious challenges, nor am I saying that there is not a role for more community involvement in supporting them, but KPMG’s lazy paragraph on my profession, like much of the previous government’s ramblings, shows clearly that the authors have not been in a library recently. It also shows they are too lazy to bother to back up their claims with any references.

The Stats on Internet Pornography

Posted by scott on June 4th, 2010

This is from the good people at Online Schools org who’s goal is to make education fun. “We’re a bunch of guys who spend our free time trying to come up with informative and engaging informational graphics. Its our way of making the world a better place.”

The Stats on Internet Pornography
Via: Online MBA

Sharing my thoughts …

Posted by scott on June 2nd, 2010

I was amused as always reading the latest Ofcom Broadcast Bulletin when they were describing the latest code breaches by Bang Babes channel, Tease Me.

This broadcast featured a presenter wearing fishnet tights and a skimpy all in one“body” with a g-string back. Her breasts were exposed but with black plasters over her nipples. At various times during the broadcast the presenter adopted sexual positions, including lying on her back with her legs wide open to camera and kneeling on all fours bending over with her buttocks close to camera. While in these positions the presenter repeatedly carried out a number of sexually provocative actions

Why was it when I read this the only thing I could think of was this …


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