Archive
Are NFTs the future of digital IP and the creative world, or just a remix of DRM and all its woes? (Part 3)
This is third in a series of posts to share some observations, opinions and conclusions from playing with this intriguing technology that sits squarely at the intersection of digital technology, creative content and intellectual property. The topic is broken down into the following parts:
- What are NFTs (and the non-fungibility superpower)?
- What has this got to do with Intellectual Property (and content protection)?
- Does it mean that NFTs are like DRM remixed?
- How does it affect the creative industry today and in the future?
- Summary observations and conclusions.
More Perils of Reusing Digital Content
Predicting the (near) Future
Governing the Internet of Things.
Copyright and Technology in 2013
Last month’s conference on copyright and technology provided plenty of food for thought from an array of speakers, organisations, viewpoints and agendas. Topics and discussions ran the gamut of increasingly obvious “business models are more important than technology” to downright bleeding edge “hypersonic activation of devices from outdoor displays “. There was something to take away for everyone involved. Read on for highlights.
The Mega Keynote interview: Mega’s CEO Vikram Kumar, discussed how the new and law-abiding cloud storage service is proving attractive to professionals who want to use and pay for the space, security and privacy that Mega provides. This is a far cry from the notorious MegaUpload, and founder Kim Dotcom’s continuing troubles with charges of copyright infringement, but there are still questions about the nature of the service – e.g. the end-to-end encryption approach which effectively makes it opaque to outside scrutiny. Read more about it here.
Anti-Piracy and the age of big data – Mark Monitor’s Thomas Sehested talked about the rise of data / content monitoring and anti-piracy services in what he describes as the data driven media company. He also discussed the demise of content release windows, and how mass / immediate release of content across multiple channels lowers piracy, but questioned if this is more profitable.
Hadopi and graduated response – Hadopi’s Pauline Blassel gave an honest overview on the impact of Hadopi, including evidence of some reduction in piracy (by factor of 6M-4M) before stabilsation. She also described how this independent public authority delivers graduated response in a variety of ways e.g. from raising awareness to imposing penalties and focusing primarily on what is known as PUR (aka ‘Promotion les Usage Responsible’)
Auto Content Recognition (ACR) and the 2nd Screen – ACR is a core set of tools (including DRM, watermarking and fingerprinting), and the 2nd screen opportunity (at least for broadcasters) is all about keeping TV viewership and relevance in the face of tough competition for people’s time and attention. This panel session discussed monetisation of second screen applications, and the challenges of how TV is regulated, pervasive and country specific. Legal broadcast rights is aimed at protection of broadcast signals, which triggers the 2nd screen application, (e.g. via ambient / STB / EPG based recognition). This begs the question of what regulation should be applied to the 2nd screen, and what rights apply? E.g. Ads on TV can be replaced in the 2 screen, but what are the implications?
Update on the Copyright Hub – The Keynote address by Sir Richard Hooper, chair of the Copyright Hub and co-author of the 2012 report on Copyright Works: Streamlining Copyright Licensing for the Digital Age, was arguably the high point of the event. He made the point that although there are issues with copyright in the digital age, the creative industries need to get off their collective backsides and streamline the licensing process before asking for a change in copyright law. He gave examples of issues with the overly complex educational licensing process and how the analogue processes are inadequate for the digital age (e.g. unique identifiers for copyright works).
The primary focus of the Copyright Hub, according to Sir Richard, is to enable high volume – low value transactions, (e.g. to search, license and use copyright works legally) by individuals and SMEs. The top tier content players already have dedicated resources for such activities hence they’re not a primary target of the Copyright Hub, but they’ll also benefit by removing the need to deal with trivial requests for licensing individual items (e.g. to use popular songs for wedding videos on YouTube).
Next phase work, and other challenges, for the Copyright Hub include: enabling consumer reuse of content, architectures for federated search, machine to machine transactions, orphan works registry & mass digitisation (collective licensing), multi licensing for multimedia content, as well as the need for global licensing. Some key messages and quotes in the ensuing Q&A include:
- “the Internet is inherently borderless and we must think global licensing, but need to walk before we can run”
- “user-centricity is key. People are happy not to infringe if easy / cheap to be legal”
- “data accuracy is vital, so Copyright Hub is looking at efforts from Linked Content Coalition and Global Repertoire Database”
- “Metadata is intrinsic to machine to Machine transactions – do you know it is a crime to strip metadata from content?”
- “Moral rights may add to overall complexity”
As you can probably see from the above, this one day event delivered the goods and valuable insights to the audience, which included people from the creative / content industries, as well as technologists, legal practitioners, academics and government agencies. Kudos to MusicAlly, the event organiser, and to Bill Rosenblatt, (conference chair), for a job well done.
Next Stop: I’ll be discussing key issues and trends with Digital Economy and Law at a 2 day event, organised by ACEPI, in Lisbon. Watch this space.
The Startup Kids
Digital innovation is becoming the norm for young startups these days, and the resulting shift in culture and attitude that comes along with it is now pervasive in the Silicon valleys, alleys, glens, and roundabouts of this world. However, this wasn’t always the case, and it only takes a good documentary to show just how far things have moved on from the days of Steve Jobs and Bill Gates to the current crop of digital wunderkinds.
Early this month, I attended the screening of The Startup Kids, a documentary film about said young digital startups, courtesy of BCS Entrepreneurs specialist group, and I wrote a review for it here. Suffice it to say that the cast of subjects interviewed on this hour long film read like a who is who of young digital entrepreneurs and included founders of such popular services as: Vimeo, Soundcloud, Kiip, InDinero, Dropbox, and Foodspotting to name a few. The topics covered include: what it takes to be a real digital entrepreneur (e.g. words like obsessive, passionate, workaholics come to mind), and why only the smart, flexible, and incredibly lucky few ever make it all the way. All in all, it was a really good and insightful documentary
Thanks to the BCS Entrepreneurs, and the Innovation Warehouse, for hosting this fun event, and here’s hoping for more such events in the future.
Copyright And Technology 2012 Conference
Yesterday saw the first UK edition of this annual conference, which took place in London’s Kings Fund venue. The full day conference featured panels and expert speakers on that most interesting, challenging and potentially lucrative junction of copyright, content and technology. And, another buzzword for the ‘social’ melting pot – Social DRM!

Copyright And Technology Conference Word Cloud
The event format involved the usual keynotes and plenary sessions, during the morning segment, and a split into two streams, (covering technology and legal aspects), in the afternoon. My key take-aways include:
- User education on copyright content infringement is far too one-sided. According to expert copyright lawyer, Andrew Bridges, potential infringers / fans need ‘credible teachers’ with a more balanced agenda
- Traditional Hollywood release window is under threat (from user demand for content, here and now!)
- Piracy data collection / analysis are increasingly used by big content owners (e.g. Warner Bros and Harper Collins) to identify potential demand for specific content, via pirate channels. An interesting question by conference chair, Bill Rosenblatt, was whether content providers saw any potential for combining piracy data collection/analysis with social media buzz analysis, in order perhaps to help identify new market opportunities, remained mostly unanswered
- Media monitoring organisations can collect and analyse, (with consumers’ permission), actual usage data from user computers. According to the speaker from Warner Bros, their research apparently confirms claims that HADOPI has had an impact, with a recent decline in Peer-to-Peer file-sharing, in France.
- According to MarkMonitor, a high proportion of pirated ebook content are in the PDF format, which some think may be a result of easy portability between devices. Also, according to Harper Collins speaker, key motivational factors for ebook piracy include: Pricing, DRM and territorial restrictions.
- In the Technology stream, the panel on content identification (e.g. via fingerprinting vs. session based watermarking) discussed creation of content aware ecosystems using Automatic Content Recognition
- The term ‘Social DRM’ (a buzzword if I ever heard one) is the use of user information to uniquely identify digital content (and to potentially name and shame file sharers), as described by CEO of Icontact. One attendee grilled the presenter about ways and means to crack it! Apparently, the term Social DRM was coined by Bill McCoy at Adobe (now at IDPF), and is really just watermarking content with personally identifiable information
- Bill Rosenblatt described LCP (Lightweight Content Protection) for ePub as being somewhere in the middle of the content protection continuum (i.e. between no DRM and very strong DRM). Also, he observed that thepublishing industry stance on DRM is still in flux, and that genres such as (sci-fi, romance, IT) were mainly going DRM-free, whilst other e.g. higher education still used strong DRM to protect content
- Finally, my technology stream panel session on Security Challenges of Multi-Platform Content Distribution saw key contributions from experts, with multiple perspectives, from: a Security Consultant (Farncombe), DRM Provider (Nagra), Business PoV (Castlabs) and Content Provider / Owner (Sony Picture Entertainment).
Overall, this was a very good first outing for the Copyright and Technology conference in London. The co- organisers, GiantSteps and MusicAlly, did a great job to pull it off, despite disappointment (by last minute cancellation of a keynote) from the HADOPI Secretary General). I would certainly encourage anyone interested in the opportunities and challenges of content, technology and copyright to attend this conference in future. And yes, Social DRM is my new buzzword of the month!
An IP System Fit for the 21st Century
Last week, I attended a breakfast meeting at the House of Commons to discuss and reflect on practical issues around implementing recommendations of the Hargreaves Report, as well as ways in which the IP system can be evolved to better enable the benefits from 21st Century business and technology opportunities.
This event, organised by the Industry and Parliament Trust, featured brief talks by Professor Ian Hargreaves (author of the IP Review report & recommendations – download it here), Ben White (Head of IP at the British Library), and Nico Perez (co-founder of startup, MixCloud), plus Q&A style discussions with the attending group of politicians and business people from relevant industries. Some key observations and comments are:
- London has the largest cluster of IP related start-ups, as well as the biggest hub for VCs, in Europe
- There has been a lot of international interest in the Hargreaves report and recommendations (the good professor regularly gets calls from interested observers across the globe). Also, the review findings and recommendations had good traction with the UK government.
- Digital economy versus creative economy; are they one and the same (i.e. is there and/or should there really be a difference)?
- The larger creative industry players (e.g. publishers), and their lobbyists, are not in full agreement with the review findings and / or recommendations, and remain firmly resistant to change
- According to one attendee, the interests of creative stakeholder (e.g. content creators) were not well represented or served by the review findings and recommendations
- Collecting societies act like de facto monopolies, which can make life difficult for some more innovative start-ups
- Broadcast TV players are trying to innovate and catch up with what consumers are already doing in their homes, but the current IP system is not sufficiently geared towards enabling such initiatives.
Note: Further information, comments and observations can be found in the IPT blog post about this event.
The upshot of the above points, in my opinion, is that a new / evolved IP system must really be geared towards dual targets, i.e. to help simplify and facilitate the use and reuse of IP works, especially in the digital realm. Such a focus would undoubtedly go a long way towards addressing the legion of non-technological challenges faced by most innovators, entrepreneurs and investors in the creative digital industries. For example, according to an article (see: The Library of Utopia), published by MIT technology review, “the major problem with constructing a universal library nowadays has little to do with technology. It’s the thorny tangle of legal, commercial, and political issues that surrounds the publishing business.”
These are pretty much the same issues to be found in similar ventures within publishing and other major creative industries, e.g.: Music (think cross border licensing for the much vaunted Celestial Jukebox), or a global film and image library (e.g. a mash-up of Hulu, Netflix, Corbis and Getty Images). In all cases, technology is not the stumbling block, because the bigger challenges lie with any combination of: business strategy, commercial models, legal / political / cultural mindsets, encountered along the way.
Having said that, it can be argued that such hurdles are not sustainable, for various reasons, not least of which is that individuals (or customers, casual pirates, consumers, freetards etc. – take your pick) are already way ahead of the curve in terms of digital content / technology, and will often use it exactly as they see fit.
This means that established incumbent players in the creative industries are forever playing a reactive / catch-up game, instead of pursuing or encouraging discovery of the next big thing. As a result, most disruptive propositions will invariably have a high impact on established business models, especially if and when they harness the natural instincts of individual users. An interesting example could be the recently launched Google Drive, complete with built-in OCR capability (which will enable users to digitize and search scanned content). Could this ultimately lead to a user generated version of Google Books?
To conclude, an IP system worthy of the 21st century is an urgent necessity, but there is also pressing need to keep in mind the big picture, which is that the Internet is a global enabler / platform, therefore any new IP system must likewise be global in scope. The UK, with its wealth of creative talent, plus such efforts as the IP review and recommendations, may be in a unique position to provide some leadership on the best way forward for IP in this 21st century.
Who needs a Digital Copyright Exchange?
I was kindly invited to attend a ‘narrow table’ discussion session about the key challenges facing innovation and startups when dealing with a copyright system that is clearly not fit-for-purpose in an increasingly digital world.
This event was organised by The Coalition for a Digital Economy (Coadec) and took place yesterday evening at the TechHub, in the heart of London’s TechCity and the fabled ‘Silicon Roundabout’.
- London’s “Silicon Roundabout”*
This session focused on teasing out the real needs (and supporting evidence thereof) for a Digital Copyright Exchange, as recommended in the Hargreaves report, which would help to address key challenges facing UK innovation and entrepreneurship in the world of digital. This is part of the diagnostic phase of an independent feasibility study led by Richard Hooper.
Attendees included entrepreneurs and start-ups (in music and other digital media) as well as participants from the publishing, legal, academic, public sector, and consulting industries. Highlights from the discussions include:
- Academic publishing – e.g. universities get double-charged for publishing academic works; i.e. for researching the content, which is provided free to the publisher, and again for the published work
- Costly clearance – e.g. according to one attendee, the British Library’s Sound Archives proportionally spent the largest amount of time negotiating / clearing rights for the materials, than on creating archive itself.
- Orphan works – DCE could provide a useful mechanism for managing orphan works.
- Small / Medium Scale Enterprises – SMEs and startups experience the most difficulty with licensing, especially as they lack the resources and money to go through the hoops in negotiating with rights owners. E.g. the lack of a clear and comprehensive licensing system hampers start-ups in establishing their business models (this is particularly acute with music streaming services)
- Price versus value – Collecting societies may not have the right pricing models for music content. E.g. On-demand streams are considered more expensive than scheduled streams or download.
- Physical versus digital copyright – The old world approach of counting instances of works for remuneration does not translate well for digital copyright and new usage scenarios
- Rights owners are scared – they don’t wish to make the wrong decision and risk cannibalising their existing business
- Software Licensing – The DCE should also extend to include software and software licensing
- Navigation – This is a cross industry issue with copyright. A single platform approach to cover all licensing needs would be great as this would provide a single point of reference for information and guidance for users
- Government copyright – It was suggested that government owned IP (e.g. ordnance survey data, census, land or electoral register data) should be covered by the DCE
- Social Media Data – Increasing use of social media data streams for powering new applications makes it a crucial element for future services which will need addressing, sooner or later, perhaps in the DCE.
The above are only a few of the sentiments expressed on the day, and attendees were encouraged to send in their responses to the call for evidence as soon as possible.
Overall, this was a very informative session which seems to confirm something I’ve often stated, which is that the key role of any new digital copyright mechanism should be to simplify and facilitate the use of copyright material within and outside the digital environment. If the Digital Copyright Exchange had those as key principles, it would go a long way to ensuring successful outcomes and delivery of the promised benefit of over £2 Billion to the UK economy.
———-
*Note: Image adapted from – Original Image © Copyright Nigel Chadwick and licensed for reuse under this Creative Commons Licence.
The ISP Dilemma Continues
Some time ago I wrote a post about the challenges facing Internet Service Providers (ISPs) over whether they can afford to be the police of the Internet, with respect to helping find and stop persistent abuse of content, and other illegal online activities by their users. This is still a serious issue today, particularly in light of the cloud, hence the urge to revisit that post here.
The biggest challenge then was around the growing perception of ISPs as de-facto gatekeepers of the Internet, which effectively added another layer of complexity to their traditional / core business. As a result, not only do ISPs have to deal with existing and non-trivial issues (e.g. declining markets, convergent evolution via multi-play business models, and issues around increasing broadband / bandwidth consumption), they also have to contend with the fact that:
- Content owners still want ISPs to play a more central role in preventing, detecting, monitoring and punishing illegal file sharing (e.g. via schemes like the infamous three strikes proposal).
- Various initiatives by governments around the world, such as the UK’s Digital Economy Act, are put in place to help provide much needed governance and teeth to the need for ways to monitor and combat illegal activities including copyright infringement.
- There still are also signs of lack of trust by ISP customers over service quality / charges, and potential invasion of privacy
These all add up to a severe headache for ISPs, and may be made even worse when you throw cloud services into the mix. Some of the options, or combinations thereof, that ISPs have used or considered using to deal with these key challenges include:
- Targeted advertising schemes – preferably via opt-in models as a way to help subsidise the cost of service. In some cases even extending to much cheaper or even “free” access, for your usage information, of course.
- Industry self regulation – Still not easy to do, but one that would benefit the entire industry, and help address the pressures from content owners
- Network Controls – Invest in better ways to track, monitor and control or “shape” network traffic, in order to deliver better quality of service, promote fair use, and support law enforcement
- Partner with content owners – To explore new and more flexible content business models. E.g. a survery found that music fans might actually prefer ISPs as their music supplier. However the advent since of cloud based music and streaming services may have changed that landscape somewhat.
In any case, it is still advisable for ISPs to bear in mind the following three points in trying to deal with this dilemma:
- Do not alienate or irritate the customer – protecting the customer relationship and keeping their trust is still key to future success
- Resist excessive external pressures – Content owners need ISPs as much as ISPs need them, and perhaps even more so
- Take the initiative – ISPs should be more proactive in creating customer-pleasing, regulator-friendly propositions and business models (perhaps by working closely with consumers and content owners)
Overall, there is no easy way to slow down the natural evolution of the Internet, and cloud services, therefore ISPs need to do more to understand, evolve and embrace what is really a critical niche in the digital content ecosystem. The cloud is here for all, and it is here to stay.
Note: This post is brought to you in partnership with Intel(R) as part of the “Technology in tomorrow’s cloud & virtual desktop” series. For more information please click – HERE